CiteTEXT
...his origin in the United States of America. The child's presence in India is the result of an illegal act of abduction and the father who is guilty of the said act cannot claim any advantage by...liberty to the petitioner to take him to the United States. The child will be a ward of the concerned court in Michigan and it will be open to the father, first respondent herein to move that court for...Controller's Office in Genesee County and having obtained a permanent immigration visa. A male child, Dustan, was born to the couple on August 30, 1978 in Rochester, Michigan, United States of America...
...competence and of violation of Articles 14 and 19(1)(g) the constitutional validity of the Hotel Receipts Tax Act, 1980, (“Act” for short) which imposes a special tax on the gross receipts of certain....2. The Act was passed on 4-12-1980 and came into force on 9-12-1980 when it received the assent of the President of India. The levy under the “Act” commences from Assessment Year 1981-1982 ...exempt from the tax. The machinery under the Income Tax Act, 1961, is engrafted for purposes of assessment, levy and collection of tax under the Act.3. It is, however...
...deepened and ultimately the appellant filed an application for divorce under Section 13 of the Hindu Marriage Act, 1955, alleging that after the solemnization of their marriage, the respondent...Hindu Marriage Act. The judgment of the Division Bench is challenged before us.4. We heard learned Senior Counsel for the appellant, Mr L. Nageswara Rao and Mr M.N Rao...not be allowed to take advantage of his own faults and the decree for dissolution of marriage shall be denied to him in view of Section 23(1)(a) of the Hindu Marriage Act. We do not think that the High...
....
The Dominion legislation-the Railway Act, 1919 of Canada- made provision for the expropriation of lands for the purpose of railways and for the payment of compensation for the lands so...States also-Fundamental rights, whether can be claimed by States-
"Person" and "Property", Connotation of-Coal Bearing Areas (Acquisition and Development) Act, 1957 (XX of 1957...:
Under the Coal Bearing Areas (Acquisition and Develop. ment) Act, 1957, enacted by Parliament, the Union of India proposed to acquire certain coal bearing areas in the State of West...
...amount was required for the passage of Anita and the second respondent to the United States discloses an offence under Section 4 of the Act. It would be necessary to extract the following relevant Sections...50,000 as mentioned above. This was done after the appellant had obtained the necessary sanction required by the proviso to Section 4 of the Act. The Judicial Magistrate verified the complaint and...of Rs 50,000 and the respondents thereafter demanded the same no offence under Section 4 of the Act is disclosed in the complaint. In that view the learned Judges allowed the respondent's application...
...Court, and every other court of reputation in the United States, that an Act of the legislature is not to be declared void unless the violation of the Constitution is so manifest as to leave no room...it came to civil liberties, Mr Justice Holmes was an activist Judge. Thus, in Schenck v. United States 249 US 47 (1919) he laid down his famous “clear and present...duty. A “conveyance” is defined in Section 2(10) of the Act and includes a sale deed. Since in the present case we are concerned with payment of stamp duty on a sale deed, we have referred to the above...
...India Act, 1919 would show that betting, gambling, amusements and luxury tax had been treated as distinct and separate items. We were referred to Schedule I to the Tax Rules, 1920 and in particular to...imposed on tobacco under List I Sl. No. 6.86. Between the Government of India Acts, 1915-1919 and the Government of India Act, 1935, these lists underwent a change. Under...Government of India Act, 1935, which repealed the 1915-1919 Acts also classified the legislative powers between the Federation and the Provinces. It contained two exclusive lists and one concurrent list. List...
...M. Industrial Disputes Act, 1947 — Sections 11-A and 11 — Where no enquiry was held prior to dismissal by the Management, held, that both guilt and punishment is open for fresh ...by the tribuna1.arbitrator(Paras 105, 106 and 145)Industrial Disputes Act, 1947 — Sections 10-A and 11-A...legislators, p. 10 ; The Philosophy and Method of the Law ; Edgar Bodenheimer : Jurisprudence ; United States v. American Trucking Associations 10-45, 534, 543-44 (1940...
...Act dealing in Bullion Gold and Silver ornaments and forward contracts in Silver Bullion at Banaras in the State of Uttar Pradesh. For Assessement Years 1948-49, 1949-50 and 1950-51 the Sales Tax...petition under Article 226 of the Constitution. The High Court came to the conclusion that Section 72 of the Indian Contract Act applied to the present case and the State Government must refund the moneys...the appellants tried to urge before us that the procedure laid down in the U.P Sales Tax Act by way of appeal and/or revision against the assessment orders in question ought to have been followed by the...
...that an area of 418 standard acres and 9¼ units was surplus in the hands of the petitioners under the provisions of the Punjab Security of Land Tenures Act (10 of 1953), read with Section 10-B thereof.... The petitioners, alleging that the relevant provisions of the said Act whereunder the said area was declared surplus were void on the ground that they infringed their rights under clauses (f) and (g...) of Article 19 and Article 14 of the Constitution, filed a writ in this Court under Article 32 of the Constitution for a direction that the Constitution (First Amendment) Act, 1951, Constitution (Fourth...
...the facts were that the Provincial Government in exercise of its powers under Section 9(1-A) of Madras Maintenance of Public Order Act, 1949, by an order, imposed a ban upon the entry and circulation...(1-A) of the impugned Act. The majority of the Court held that the freedom of speech and expression includes freedom of propagation of ideas and that freedom is ensured by the freedom of circulation...(Objectionable Advertisements) Act, 1954 was the prevention of self-medication and self-treatment by prohibiting instruments which may be used to advocate the same or which tended to spread the evil...
...dated 19-5-2020 had been passed by Justice A.S. Gadkari. The contention of the appellant, it may be noted, has been that under the conditions prescribed by the US Immigration and Nationality Act, 1952...and Sections 3 and 4 of the Dowry Prohibition Act, 1961 was denied 2017 SCC OnLine Pat 2077 2017 SCC OnLine Pat...process seeking removal of the alien from the United States, including removal proceedings under this chapter and extradition proceedings,(v) has committed an...
...Roumania. Even in the United States Immigration and Nationality Act, 1952, the distinction . is preserved. This dual status which has caused all the trouble in this case was summed up by Lord Westbury...notwithstanding the formality of incorporation, under the Indian Companies Act, 1956 in substance a department and organ of the Government of India with the entirety of its capital contributed by...Indian Companies Act, 1956, is a citizen within the meaning of Article 19 of the Constitution and can ask for the enforcement of fundamental rights granted to citizens under the said article; and...
...Government of India for the fiscal year beginning April 1, 1951. Clause 7 of the Bill made provision for the amendment of the Central Excises and Salt Act, 1944, by way of alteration of duties, inter...
1
certificates. On April 28, 1951, the Bill was passed and became Finance Act, 1951, but as passed...
"the amendments made in the Central Excises and Salt Act, 1944, shall be deemed to have effect on and after March 1, 1951 and accordingly........ recoveries shall be made of all...
...decided by us, be likened to an inn. We have been referred to Halsbury's Laws of England and the Hotel Proprietors Act, 1956 mentioned therein. Our attention has also been invited to a statement in.... Birmingham Profiteering Committee — Ex p. Provincial Cinematograph Theatres, Ltd. (1919) 89 LJKB 57 and Lockett v. A. & M. Charles Ltd. (1938) 4 All ER...Adulteration Act aimed at ensuring the supply of wholesome food to consumers. The submission is that whether the service of meals is or is not a sale must be determined by the nature of the transaction and not...
...Cinematograph Act, 1952 together with the rules prescribed by the Central Government, February 6, 1960, in the purported exercise of its powers under Section 5-B of the Act are unconstitutional and void...of speech and expression and alternatively the provisions of the Act and the rules, orders and directions under the Act, as vague, arbitrary and indefinite. We allowed the application for...turn of the last century and film censorship took birth in 1918 when the Cinematograph Act, 1918 (2 of 1918) was passed. Two matters alone were then dealt with: (a) the licensing of cinema houses, and...
...term within the meaning of Section 7 of the Act, the impugned judgment must be held to be perverse and in any event suffers from procedural irregularities.10. The learned...entitled to lead evidence in support of his defence as contemplated under the said Act, failed and/or neglected to do so and in that view of the matter the Magistrate was justified in passing the...said Act an accused is not put to trial and the Magistrate is only required to form a prima facie view on the basis of the documents supplied in terms of Section 10 of the Act...
...inquiry under the Act. While the said Act continued to be on the statute book, the Government of India Act, 1919 was enacted and sub-section (2) of Section 96-B of that Act authorised the Secretar...and Appeal) Rules, 1930 also framed under Section 96-B of the Government of India Act, 1919. Rule 55 thereof contained the same provisions as those contained in Rule XIV of 1920 Rules and made no...change with the Constitution (Fifteenth Amendment) Act of 1963 which came into force from October 6, 1963. It explained and expanded the scope of “reasonable opportunity”. For the original expression...
...of the life story of a prisoner on the ground that the prisoner being incarcerated and thus not being in a position to adopt legal remedies to protect his rights, they are entitled to act on his...312, (1990) 2 All ER 103, (1990) 2 WLR 606 which arose under Section 33-B of the Public Order Act, 1972 (Antigua and Barbuda). It provided that any person who printed or...right has been dealt with by the United States Supreme Court in two of its well-known decisions in Griswold v. Connecticut 14 L Ed 2d 510 (1965) and Roe v...
...the facts and in the circumstances of the case, the claim of Rs 2,95,000 is covered by sub-rule (j) of Rule 6-DD framed under Section 40-A(3) of the Income Tax Act, 1961...were taken against the assessee for infringement of Sections 4(2) and 5(1)(e) of FERA and ultimately a penalty of Rs 35,000 was imposed under Section 23(1)(a) read with Section 23-C of the Act. The...under the Income Tax Act. That will be against public policy. Even though the need for making such payments arose out of trading operations, the payments were not wholly and exclusively for the...