Court : Supreme Court of India
Decided on : May-18-2007
Reported in : AIR2007SC2276; (SCSuppl)2007(3)CHN95; 2007(7)SCALE546; (2007)6SCC668; 2007AIRSCW3962
..... thereby. the said decision was rendered despite the doctrine of parliamentary sovereignty existing in the united kingdom.50. we may notice that even this court in mithu v. state of punjab 0065/1983 : 1983crilj811 has applied the test of non-arbitrariness while striking down section 303 of the indian penal code. although the court may not go into the question of ..... be available with them and determine the standard rent on the basis of such material by a process estimation.36. in r.k. kaura v. municipal commr., mcd and ors. (2005) 11 scc 524, this court held:6. it is true that the order of the respondent authorities dated 14-11-1996 records that the appellant had appeared and requested for ..... thereof, upon hearing objections thereto were deleted. the west bengal central valuation board (valuation of lands and building) rules, 1984 (for short 'the 1984 rules') framed under the 1978 act were also amended by a notification dated 30.03.1984 wherein provisions pertaining to filing objection petitions against the draft annual valuation and determination thereof were deleted. the effect of ..... situated within the territorial limits of the bidhannagar municipality. annual valuation of lands and buildings for the purpose of assessment of municipal tax indisputably is governed by the provisions of the west bengal municipal act, 1993 (for short 'the municipal act'). in terms of section 110 thereof, the annual valuation of lands and buildings is required to be determined by the central valuation .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-11-2007
Reported in : AIR2007SC2230; [2007(112)FLR847]; JT2007(2)SC458; 2007(2)SCALE138; (2007)2SCC513; 2007AIRSCW3901; 2007ILLJ773(SC)
..... of notice or compensation will not render termination bad on that count. 18. in this connection learned counsel has also invited our attention to a decision of this court in punjab land development & reclamation corporation ltd., chandigarh v. presiding officer, labour court, chandigarh and ors. reported in : (1990)iillj70sc where the similar question was considered by the constitution ..... end. 20. learned counsel has invited our attention to a decision of this court in mahendra l. jain and ors. v. indore development authority and ors. reported in : (2005)illj578sc . this was a case of regularization of illegal appointments. this has no relevance so far as our case in hand is concerned. 21. before parting with the case, we ..... bench of this court and it was observed,thus, by this amendment act the parliament clearly provided that though such termination may not have been retrenchment technically so-called, as decided by this court, nevertheless the employees in question whose services were terminated ..... 8.1 -appointment on direct basis shall be made though the employment exchange or in the manner as permitted by provisions of the employment exchange (compulsory notification of vacancies) act, 1959. rule 8.5 -all applications received against a specific notification/advertisement will be subjected to a careful scrutiny by the department concerned in the corporate office for .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-19-2007
Reported in : 2007(4)BomCR673
..... process in exercise of statutory powers, public accountability and transparency are also applicable to the various proceedings under the law of acquisition. various provisions of the act could be referred to demonstrate that the exercise of powers emanating from statutory provisions is coupled with public obligation, to protect the rights of the land ..... the public officer/authority, including the chief executive officer of the zilla parishad, and various officers in those departments must be held responsible for such irresponsible acts and omissions. they are answerable to the public at large, and in any case, their actions would be open to judicial review, particularly when they contravene ..... owners....8. even in the case of civil writ petition no. 4382 of 2002, a division bench of punjab and haryana high court, by an interim order dated 29th may, 2002, observed as under:the chief secretaries of the states of ..... punjab and haryana and the adviser to the administration, union territory, chandigarh, have stated that they will not only ensure that the ..... check the defaults or wrongs committed by its agency or officer, are all acts clearly inviting the judicial chastise sof such inaction. 7. in the case of shri mahender kumar v land acquisition collector w.p (c) no. 1330812 of 2005 dated 11th may 2006, the division bench of the delhi high court observed .....Tag this Judgment!
Court : Kerala
Decided on : Aug-07-2007
Reported in : 2007(3)KLJ201
..... by his; testimony that what he did satisfies the requirement of being an attesting witness. this is the view taken by the high court of punjab in the several decisions cited by the learned counsel for the appellants and also in the division bench decisions of the high court of calcutta in ..... court in daulat ram and ors. v. sodha and ors. (2005) i scc 40 stated the law thus:will being a document has to be proved by primary evidence except where the court permits a document to be ..... of registration only and none of the above endorsements contemplates the factum of attestation by the registrar within the meaning of section 63 of the succession act and on account of registration of document including a will, presumption as to the correctness or irregularity cannot be drawn.18. the hon'ble supreme ..... signature to the document as attesting witnesses or can be construed to have done so in their capacity as attesting witnesses. section 68, indian evidence act requires an attesting witness to be called as a witness to prove the due execution and attestation of the will. this provision should have been complied ..... attesting witness is also to be scrutinised by the court like deposition of any other witness. in this connection, section 71 of the indian evidence act, 1872 is also relevant which is as follows:71. proof when attesting witness denies the execution:if the attesting witness denies or does not recollect .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2007
Reported in : (2007)3CALLT606(HC)
..... dismissed on the ground that the contempt application was not maintainable.3. thereafter the plaintiff filed an application being execution case no. 8 of 2005 complaining of such defects in title of the defendant no. 3 over the said property by reason of non-registration of compromise decree by hyderabad ..... no obligation left to be discharged, as provision of section 230a of the income tax act has been omitted by the finance act, 2001 with effect from 1st june, 2001. similarly provisions of chapter xx (269 uc of income tax act) shall not apply in relation to transfer of any immovable property with effect on ..... decree, only grievance was that the plaintiff was causing delay in execution of the said decree. the said judgment and order dated 21st november, 2005 was appealed against by the plaintiff unsuccessfully. thereafter the present application has been taken out on the tabular statement for the following reliefs:(a) ..... the said applications of the plaintiff and the third defendant were disposed of by this court by a judgment and order dated 21st november, 2005 and thereby and thereunder the application taken out by the plaintiff was dismissed and it was held that there was no defect in title for ..... judgment. their lordships have interpreted while relying on the division bench judgment of punjab and haryana high court (air 1983 pm 393):.it is in this set of facts the aforesaid bench decision of the punjab and haryana high court held that such a compromise falls squarely within the second .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-16-2007
Reported in : 2007(4)CHN842
..... high court in exercise of its power under article 226 of the constitution of india. in the case of h. n. rishbud (supra) the punjab and haryana high court had in exercise of revisional jurisdiction refused the order of the special judge, delhi quashing certain criminal proceedings pending before him ..... the judgment of the supreme court in the case of people's union for civil liberties v. union of india and anr. reported in : (2005)2scc436 . these judgments would clearly indicate that international conventions can only be read into the municipal law when consistent with the fundamental rights.62. on the ..... for this view from a number of judgments of the different high courts. in the case of goodricke group ltd. and anr. v. agricultural income-tax officer, calcutta range-1 and anr. 1984 lab. ic 90), considering a similar question a division bench of this court has observed as follows:mr. ..... 1996crilj2168 ;4. central bureau of investigation v. state of rajasthan and anr. reported in : 2001crilj968 ;5. goodrieke group ltd. and anr. v. agricultural income-tax officer, calcutta range-1 and anr. reported in 2001(2) chn 104 (para 8).40. in conclusion of his submission learned senior counsel has submitted that the ..... 1994 supp (1) scc 143 (para-2);3. paramjit kaur v. state of punjab and ors. reported in : 1999crilj456 .25. in view of the aforesaid decision, the learned counsel submits that section 6 of the delhi police act would not be a bar to direct the cbi to conduct the enquiry.26. mr. .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-16-2007
Reported in : 2007(3)ALD355; 2007(3)ALT23
..... )iillj531sc , indra bhanu gaur v. committee, management of m.m degree college : air2004sc248 , divisional manager, plantation division a and n islands v. munnu barrick : (2005)illj557sc , karnataka state road transport corporation v. s.g. kotturappa : (2005)iillj161sc , punjab national bank v. manjeet singh : air2007sc262 , p.d. agrawal v. state bank of india (2006) 8 scc 776 and civil appeal no. 4761 of 2006 ..... of khammam district.11. shri karra srinivas, learned counsel for the appellants argued that respondent no. 1 exercises power of appellate authority under the andhra pradesh (telangana area) land revenue act, 1317 fasli and, therefore, he could not have determined the legality of the assignments made in favour of appellant no. 1, three others and two freedom fighters. he further argued ..... pattadar pass books had been issued in their favour under the provisions of the andhra pradesh rights in land and pattadar pass books act, 1971.8. in the detailed counter filed by him, respondent no. 1 set out the background of the assignments made in favour of appellant no. 1 and three of his ..... not been given effective opportunity of hearing. they also pleaded that the action taken by respondent no. 1 under section 166-b of the andhra pradesh (telangana area) land revenue act, 1317 fasli was legally untenable because part of the assigned land was sold by registered sale-deeds and they had developed the same by raising coconut and guava gardens and .....Tag this Judgment!
Court : Kolkata
Decided on : Oct-16-2007
Reported in : 2008(1)CHN442
..... the provisions of code of civil procedure are not applicable in a writ proceeding has been explained by the apex court in puran singh v. state of punjab reported in : 1scr730 , n.p. singh, j., speaking for the division bench held that the provisions of code of civil procedure were ..... it will be out of place to refer to the following observations of the apex court in the case of shivdeo singh v. state of punjab reported in air 1963 sc 1909 were the court approved the inherent power of review of the high court its order passed under article 226 of ..... india ltd. v. united industrial bank ltd. reported in : 3scr962 ;(19) national housing co-operative societies ltd. v. state of rajasthan and ors. reported in 2005 (12) scc 149;(20) state of haryana and ors. v. m.p. mohla, reported in : (2007)1scc457 .32. we now propose to deal with the ..... ;(8) housing board of haryana v. haryana housing board employees union and ors. reported in : (1996)illj833sc ;(9) calcutta state transport corporation v. commissioner of income tax and ors. reported in : 219itr515(sc) ;(10) mayurakshi gramin bank v. kanchan kumar sarkar reported in 1989 (2) chn 431;(11) state of uttar pradesh ..... , the court will only consider whether such application is filed within a reasonable time and in the process, the period prescribed in the limitation act for filing a similar application under the provision of the code of civil procedure may be treated as guideline for deciding whether such application has been .....Tag this Judgment!
Court : Allahabad
Decided on : Oct-24-2007
Reported in : 187TAXMAN220(All)
..... appeal irrespective of revenue involved.30. in contra, the learned counsel for the assessee submits that since the question of taxability of prize money won in the lottery of sikkim government to tax under the income-tax act, 1961 for the assessment year prior to 1990-91 has been set at rest by the bombay high court in nirmala l. mehta's case (supra ..... . chaman lal :  156 itr 245 :  26 taxman 634 a division bench of punjab and haryana high court on consideration of various sections of the income-tax act including section 5(1), with reference to lottery income earned by the assessee on a lottery ticket of sikkim government, held as follows:after hearing the learned counsel for the parties and on consideration of the ..... on the issue involved in the appeal. the bombay high court has held that lottery income earned in the assessment year prior to assessment year 1990-91 on a lottery of sikkim government is not taxable under the income-tax act, 1961. a contrary view has been taken by the punjab and haryana high court. on a careful consideration of the aforesaid two decisions and ..... and customs which place a different interpretation upon the said phrase, that interpretation will be binding upon the revenue.18. recently the apex court in commissioner of trade tax v. kajaria ceramics ltd. : 2005 (6) jt (sc) 28 repelling the argument of the assessee therein based on the aforesaid judgment of the supreme court in the case of dhiren chemicals industries (supra .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : May-15-2007
Reported in : AIR2007MP247; 2007(1)MPLJ256
..... having power to enact law relating to the local government, local authorities and particularly municipal corporation. in the case of rai sahib ram jaway a kapur v. the state of punjab : 2scr225 on the question of executive power of the state, the supreme court has held that the executive function comprises both the determination of the government policy as well ..... a municipal or local fund.'local authority' means an authority legally entitled to management of municipal funds which it gets by way of contribution.20. in 'law lexicon' (3rd edition 2005) 'local authority' is defined as under:'local authority' means in the case of-(1) a local area which is -(a) a municipality, the municipal board or municipal corporation;(b) a ..... that there is no doubt that the gwalior municipal corporation was established by the state government under a state enactment, against which the appellants have filed writ petition no. 5649/ 2005.6. the learned writ court vide order dated 14-11-2006 dismissed the writ petition holding therein that though the conclusions arrived at by the lokayukt are correct, but the ..... 1956 or act of 1956 as amended in the year 1961. in support of his contention he referred to the decisions in the case of the commissioner of income-tax v. k.b. kalikutty air 1969 sc 869, k.p. sudhakaran v. state of kerala : air2006sc2138 and sri venkataramana devaru v. state of mysore : 1scr895 on the question of .....Tag this Judgment!