Court : Uttaranchal
Decided on : Jul-18-2008
Reported in : (2008)17VST18(NULL)
..... eligibility certificate by the erstwhile government of state of uttar pradesh and vide notification dated december 26, 2000 issued by the uttaranchal government for the period remaining on the date of commencement of vat act, i.e. october 1, 2005. from a perusal of record, it does not come out that petitioners had exercised option under clause (ii) of section ..... commercial tax, roorkee, wherein it was stated that the benefits of exemptions under section 4a of the act stood ceased with the implementation of vat in uttaranchal. it was stated that the act has been repealed by the vat act with effect from october 1, 2005 and the exemptions stood discontinued in view of the bar created under section 80(13) of the ..... situate in the state of uttaranchal.18. on october 1, 2005, value added tax act (for short, 'the vat act') has been enforced in the state of uttaranchal (now uttarakhand). section 81 of the vat act has repealed the uttaranchal (u.p. trade tax act, 1948) adaptation and modification order, 2002. after enforcement of the vat act, principal secretary, finance, uttaranchal sent a letter dated january 4 ..... the grievance of the petitioner is that after enforcement of the vat act on october 1, 2005, the principal secretary finance, uttaranchal, sent a letter no. 01/xxvii(8)/vat/2005 dated january 4, 2006 thereby the exemption under section 4a of the act has been discontinued !n the state of uttaranchal. consequently, the commissioner of taxes, dehradun, issued a circular to all .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-28-2008
Reported in : AIR2008Cal118
..... am to inform you that it has been decided that henceforth no inspection of any answer script of any examination conducted by the university shall be allowed to any applicant under the right to information act, 2005.thus we cannot entertain your application and the same is rejected.thanking you,yours faithfully,sd/-state public information officerandregistrar.6. the ..... of public authorities as also to promote transparency and accountability in the working of every public authority. these objects of the legislature are to make our society more open and public authorities more accountable. normally, therefore, all such information must be made readily available to a citizen subject to right of privacy and that information having ..... available to the petitioner, can be seen to be of such persuasive value that would render the right of appeal and second appeal, meaningless.11. the university has referred to the judgments reported at : (2007)iillj95sc (uttaranchal forest development corporation v. jabar singh) and : (2003)iiillj275sc (p.k. rangarajan v. government of tamil nadu) where, according to the ..... university, there has been a departure from the whirlpool principle : air1999sc22 in the supreme court holding that unless exceptional circumstances are made out to knock at the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-12-2008
Reported in : 2008(2)MhLj856
..... resultant effects on criminal justice system and the society as a whole, the legislature provided an alternative statute. the protection of women from domestic violence act, 2005, thus was introduced to provide greater safeguard and protection to the women, by providing a chance for resettlement of matrimonial home and relationship prior to ..... the ends of any of the three objects stated in section 482. 5.20 in the case of inder mohan goswami and anr. v. state of uttaranchal and ors. : air2008sc251 while referring to the law, both on scope and ambit of court's power under section 482 and the principles governing for ..... appear in a particular case and would justify quashing of the proceedings may be at the preliminary stage. 5.7 another limitation which is accepted universally in application of criminal law is that in exercise of the powers conferred upon the high court under section 482 of the code, it should ..... or australian courts, the code of criminal procedure has codified the concept of inherent powers of the indian courts. besides, the section (section 482) opens with the non-obstantive words by specific mandate of law that these powers are not to be limited even by the provisions of the code. the ..... or oppressive. if the allegations set out in the complaint do not constitute the offence of which cognisance has been taken by the magistrate, it is open to the high court to quash the same in exercise of the inherent powers under section 482 of the code. it is not, however, necessary .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-25-2008
Reported in : JT2008(5)SC422; 2008(6)SCALE315; (2008)10SCC382; 2008AIRSCW5872; 2008LABIC3622; 2008(3)Supreme186
..... panel and according to the provision for horizontal reservation, they were entitled in turn, to get the appointment first.18. the university, through its registrar, further stated in the counter that the university had considered the provisions of the roorkee university act, 1947, the policy of reservation framed by the government of u.p. and also the direction issued and law laid down ..... those categories would be adjusted in the categories to which they belong, i.e. either reserved category of schedule castes (sc), schedule tribes (st), other backward class (obc) or open category (oc) in 'vertical' reservation and it would not violate constitutional guarantee.26. the court considered indra sawhney (i), applied it to the case on hand and held that ..... quota will be placed in the appropriate category; if he belongs to sc category he will be placed in that quota by making necessary adjustments; similarly, if he belongs to open competition (oc) category, he will be placed in that category by making necessary adjustments. even after providing for these horizontal reservations, the percentage of reservations in favour of backward ..... writ-petitioner had no occasion to make complaint against such appointment. the post was of open category (oc), i.e. general and respondent no. 4 was accommodated on that post on open category in women reservation quota.33. for completion of record, it may be stated that in 2005, writ-petitioner (dr. shiv prasad) was selected and has joined as associate professor .....Tag this Judgment!
Court : Uttaranchal
Decided on : Jul-03-2008
Reported in : AIR2009Utr19
..... . union of india manu/sc/2315/2008 : (2008)5scc1 . in the former case, the andhra pradesh legislature passed the osmania university (amendment) act, 1966 (act ii of 1966) amending the osmania university act, 1959 and reducing the term of vice-chancellor from 5 years to 3 years. again, the second amendment was introduced in the ..... impugned amendment, the following amendments were made in section 29 of the uttarakahand co-operative societies act, 2003:the uttarakhand co-operative societies (amendment) bill, 2007 (bill no. 3 of 2007)further to amend the uttaranchal cooperative societies act, 2003 be enacted in the 58th year of the republic of india as follows. abill------------------------------------------------------------------------------short ..... title and 1. (1) this act may be called thecommencement uttarakhand co-operative societies(amendment) act, 2007(2) it shall come into force at once.------------------------------------------------------------------------------amendment ..... section 29 of the principal act, 2003 can not be held to be an accrued and vested right. the hon'ble supreme court in the case of mylapore club v. state of tamil nadu and anr. manu/sc/1854/2005 : air2006sc523 has held as follows:15. it is open to the legislature to bring .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-14-2008
Reported in : AIR2008SC2675; 2008(5)ALD99(SC); 2008(2)AWC1636(SC); 2008(5)BomCR441; (2009)1GLR200(SC); [2008(3)JCR14(SC)]; JT2008(3)SC530; RLW2008(4)SC3440; 2008(4)SCALE601; (2008)4SCC64; 2008AIRSCW4475; AIR2008SC2675; 2008(4)SCC649; 2008(3)CivilLJ798; 2008(3)AICLR9; 2008(2)Supreme413; 2008(5)LH(SC)3092
..... recently a bench of this court considered the consequence of issuance of warrant of arrest at some length in inder mohan goswami and anr. v. state of uttaranchal and ors. : air2008sc251 . it was held:26. before parting with this appeal, we would like to discuss an issue which is of great public ..... the appellant and her husband were not made parties therein. against the said order, an lpa, which was marked as lpa no. 1792 of 2005, was filed by the 1st respondent and a division bench of the high court directed that the amount of rent deposited by him with the mamlatder ..... proceedings as ordered hereinafter by the ulc authority against the petitioner as well as respondent no. 3;ii) after the auction, it would be open to the mamlatdar to notify the said aspect regarding the transfer effected by auction in the conspicuous part of the premises and such an intimation may ..... a solemn obligation of the husband to maintain his wife. it was, furthermore, observed:further, according to section 20 of the hindu adoptions and maintenance act, 1956, a hindu is under a legal obligation to maintain his wife, minor sons, unmarried daughters and aged or infirm parents. the obligation to maintain ..... ;section 18 - maintenance of wife (1) subject to the provisions of this section, a hindu wife, whether married before or after the commencement of this act, shall be entitled to be maintained by her husband during her life time. sub-section (2) of section 18 thereof, however, lays down certain exceptions therefor .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-05-2008
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... not propel into the unchartered ocean of governmental policy [vide bennett coleman & co. v. union of india : 2scr757 ].100. recently, in dhampur sugar (kashipur) ltd. v. state of uttaranchal and ors. : (2007)8scc418 , one of us (c.k. thakker, j.) considered the issue in detail and observed;in our judgment, it is well-settled that public authorities must have ..... american authorities, mukharji, j. (as his lordship then was) stated;it is trite knowledge that eminent domain is an essential attribute of sovereignty of every state and authorities are universal in support of the definition of eminent domain as the power of the sovereign to take property for public use without the owner's consent upon making just compensation.64 ..... purpose.157. it was contended that the declaration can be made by the government arbitrarily and if such declaration is irrational, unreasonable, mala fide or de hors the act, it should be open to a court to decide the question.158. dealing with the submission, the majority stated;now whether in a particular case the purpose for which land is needed ..... into business-cum-liaison destination as envisaged by the government and public and private sectors' participation investment had been thought proper through integrated project under industrial policy of the state 2005-10. through apiic, the state undertook the integrated project for establishing hyderabad into world class business destination and a leader in the knowledge sector. such project would indeed develop .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-28-2008
Reported in : 2008(5)BomCR396; 14STT348; (2008)14VST69(Bom)
..... of omprakash sud and ors. v. state of j. & k. and ors. : 2scr841 , in suneel jetley and ors. v. state of haryana : 1scr272 , deepak sibal v. punjab university and ors. : 1scr689 and in ahmedabad municipal corpn. and anr. v. nilaybhai r. thakore and anr. : air2000sc114 . this, it is submitted, would result in infraction of article 14 of ..... pointing to the history of legislation, it is set out that the government of maharashtra decided to introduce vat system with effect from 1st april, 2005. at that time the government decided to amend vat act, 2002 in terms of the national consensus arrived at by the empowered committee of state finance ministers. accordingly a draft bill was prepared for submission ..... affecting their livelihood. as there is no reasonable basis for the exclusion, the provision is arbitrary being violative of article 14.(b) the practice of sales tax accounts was open to all including chartered accountants, advocates and tax practitioners. the chartered accountants who happens to pass the examination and has no expertise to adjudicate upon the legality or otherwise of ..... done under the returns by respective dealer while filing the return. this certificate can only be given by the chartered accountant. since, 1946, apart from chartered accountants, it was open to all categories of persons described in section 82, having sufficient expertise and qualifications to do the accounts as also audit. the impugned section 61, has resulted in divisive exclusion .....Tag this Judgment!
Court : Chennai
Decided on : Sep-17-2008
Reported in : (2008)18VST562(Mad)
..... 2001]247itr165(sc) , the observations in para 10 cannot be said to be a binding precedent.37. observing that the decision is a precedent on its own facts, in uttaranchal road transport corporation v. mansaram nainwal  1 lw 99, the supreme court has held as under:the high court unfortunately did not discuss the factual aspects and by ..... the debt payable to a bank.40. in my considered view, there is no conflict between the provisions of the tamil nadu general sales tax act and securitisation act. both tngst act as well as securitisation act have been enacted by the competent legislature for different purposes in different fields.41. apart from the statutory priority charge, in fact, first respondent ..... the dues, even through drt, after the implementation of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (for short, 'sarfaesi act'), bank issued a notice dated august 1, 2005 under section 13(2) of the said act to the second respondent, its guarantors/mortgagors for the recovery of rs. 89,36,269.25 together with interest ..... ) ltd. kallai v. the authorised officer/chief manager, indian bank, madurai  2 lw 381.15. the learned special government pleader (taxes) would submit that securitisation act is an act to regulate the securitisation and reconstruction of financial assets and enforcement of security interest. the learned special government pleader further contended that two enactments deal with entirely different subjects .....Tag this Judgment!
Court : Kolkata
Decided on : May-07-2008
Reported in : 2008(4)CHN33,(2009)IIILLJ137Cal
..... court or to a judment of the supreme court. for the aforesaid reason the other judgments of the supreme court cited by mr. bandopadhyay namely, (1) uttaranchal road transport corporation and ors. (supra) and (2) commissioner of customs (port), chennai (supra) would not be applicable in this case.47. uttranchal ..... a writ petition inter alia on the ground of availability of an alternative remedy, but the said rule cannot be said to be of universal application. despite existence of an alternative remedy, a writ court may exercise its discretionary jurisdiction of judicial review inter alia in cases where the ..... statutory remedies. first, is when the proceedings are taken before the forum under a provision of law which is ultra vires, it is open to a party aggrieved thereby to move the high court for quashing the proceedings on the ground that they are incompetent without a party ..... 1998crilj2012 , sanjana m. wig v. hindustan petroleum corporation ltd. : air2005sc3454 , state of h.p. and ors. v. gujarat ambuja cement ltd. and anr. 2005(6) scc 499.21. in any event, once a writ petition has been entertained and determined on merit of the matter, the appellate court, except in rare cases ..... on superannuation would not fall within the .definition of 'excluded employee'.4. the learned single judge has come to the conclusion that the act is applicable to the establishment of the petitioner. the learned single judge further concluded that on superannuation the retired employees of the railways would .....Tag this Judgment!