.....after the members have been nominated or elected, as the case may be, in accordance with the foregoing provisions the government shall notify the fact of the board having been duly constituted; and the date of the publication of the notification shall be deemed to be the date of the constitution of the board.” section 10 provides that where a vacancy occurs in the board owing to death, resignation or for any other reason, the new member is to be nominated or elected in the manner in which the member whose seat is to be filled was nominated or elected. section 11 provides for the election of a president. section 22 (1) provides for the constitution of a committee of management consisting of (i) the collector of nanded or an officer appointed by the government; (ii) the superintendent of the 4 gurudwara as an ex officio member; and (iii) three members nominated by the board at its first meeting in the prescribed manner from among the sikhs of nanded. under section 36(i), the management, control and superintendence of the administration of the gurudwara is to vest in the board. the board is entrusted with the duty of ensuring that the gurudwara and its endowments are properly.....
Tag this Judgment! Ask ChatGPT.....in his argument fairly submitted that he would not dispute the concurrent finding of the trial court and the session judge’s court on the fact that the accused were conducting the chit business and the complainant had subscribed to some of the chits with them by investing money. however, he strongly disputes the findings of the courts below that the accused were conducting any prize chit activity falling within the purview of section 3 of prize chits act and that the accused have committed any act of cheating which is punishable under section 420 of ipc. learned senior counsel submits crl.r.p.no.1180/2010 7 that in the absence of any chances to the subscribers of the chit of winning any prize in the alleged chit, the said act cannot be considered as a prize chit under section 3 of the prize chits act. he further submitted that the prosecution has failed to prove that the accused had any deceptive intention to defraud the investors at the stage of origin of the chit business, as such, section 420 of ipc is also not attracted. in his support, he relied upon few judgments of the hon’ble apex court which will be referred to at the relevant stage hereafterwards.10......
Tag this Judgment! Ask ChatGPT.....proprio vigore. the view taken in ram krishna dalmia, was reinforced by a larger bench in state of karnataka vs. union of india, (1977) 4 scc608 in fact, this court went in sham kant vs. state of maharashtra, 1992 suppl. (2) scc521 to the wp (crl) no.177/2020 8 extent of holding that the findings of the inquiry commission are not binding on the court, while dealing with an appeal arising out of conviction and sentence of a police officer. the police officer who was the appellant before this court in the said case sought to rely upon the findings of the inquiry commission that the victim of custodial violence could have sustained injuries prior to his arrest. but this court refused to rely upon the findings of the inquiry commission to overturn the conviction of the police officer.11. in k. vijaya bhaskar reddy vs. government of andhra pradesh, air1996ap62 a division bench of the andhra pradesh high court had an occasion to deal with the challenge to the appointment of a oneman commission of inquiry under the commissions of inquiry act, 1952. one of the grounds of challenge was bias on the part of the appointee. after pointing out that bias by interest which disqualifies a.....
Tag this Judgment! Ask ChatGPT.....in the subject matter of the complaint and since the acts page 3 of 35 alleged in the complaint are relatable to mumbai jurisdiction, the mere factum of complainant being a resident of patna, does not confer jurisdiction on the bihar police to conduct the investigation. adverting to the subsequent transfer of the investigation to the cbi, mr. divan argues that since the bihar police lacked jurisdiction to investigate the allegations in the complaint, the transfer of the investigation to the cbi on bihar government’s consent, would not amount to a lawful consent of the state government, under section 6 of the delhi special police act, 1946 (for short “dspe act”). the fir according to the petitioner is contradictory and the complaint fails to disclose how the alleged actions of the petitioner, led to the suicidal death of the actor. the petitioner projects that she has fully co-operated with the mumbai police in their inquiry but will have no objection if the investigation is conducted by the cbi. mr. shyam divan the learned senior counsel submits that justice needs to be done in this case and powers under article 142 of the constitution can be invoked by the court......
Tag this Judgment! Ask ChatGPT.....convicting and sentencing him under section 394 of the indian penal code, 1860 (“ipc”) and section 25 of the arms act, 1959, was turned down. facts & case history2 the case of the prosecution is that the victim-complainant, tabban khan (pw-1), was riding his motorcycle on the main road near shahdara around 11:30pm on 17.05.2001, when he stopped to ease himself near a page | 1 fishpond. suddenly, three boys (including the appellant) caught hold of him and started assaulting him. they were armed with a knife and revolver. upon extortion, the complainant handed over a bundle of five-hundred- rupees notes totalling around thirty thousand (rs 30,000) to the boys, who then contemplated murdering him by stabbing, so that he would not report the matter to the police. hearing commotion of passers-by, the three boys left the complainant and ran towards a warehouse. the complainant then returned to his home and reported the matter to the jurisdictional police the following evening. this complaint was subsequently converted into an fir on 20.05.2001 at 7:45pm.3. a police party, on 20.05.2001 at about 8:30pm, during routine checking of buses near gt road, noticed three boys.....
Tag this Judgment! Ask ChatGPT.....excise and service tax appellate tribunal, south zonal bench at bangalore (cestat) in seven different batches of cases, but arising out of similar facts and raising identical questions.2. for the purpose of convenience, the facts out of which the first batch of cases in civil appeal nos. 72407248 of 2009 (which we may call the lead case) arise, are recorded in detail. the facts in the other batches of cases are brought on record in brief and to the extent that they have some distinguishing 3 features. as a matter of fact, the batch of cases relating to the assessee by name, m/s. cera boards and doors (the respondents in civil appeal nos. 72407248 of 2009), was decided first by cestat. thereafter, cestat decided the other 6 batches of cases on the basis of the ratio laid down in cera boards. this is why civil appeal nos. 72407248 of 2009 are taken as the lead case. facts in civil appeal nos. 72407248 of 2009 3. m/s. cera boards and doors, kannur, which is the assessee concerned in this batch of cases, admittedly manufactures plywood/block boards. searches were conducted by the directorate general of central excise intelligence (dgcei) at their factory premises at kannur,.....
Tag this Judgment! Ask ChatGPT.....under section 9 of the arbitration and conciliation act, 1996 [“1996 act”]. dated 31.07.2014. to dispose of the said appeals, we refer to the facts in civil appeal no.5145 of 2016. the brief facts necessary to appreciate the controversy that arises in the present case are as follows: (i) on 21.04.2011, a share subscription agreement [“ssa”]. was entered into between hsbc and the appellants. hsbc made an investment in the equity capital of avitel india for a consideration of usd60million in order to acquire 7.8% of its paid-up capital. this ssa contained an arbitration clause which reads as follows:- “16. dispute resolution161. arbitration 16.1.1. any dispute, controversy or claim arising out of or in connection with this agreement, including any question regarding its existence, validity, interpretation, breach or termination shall be referred to and finally resolved by binding arbitration at the singapore international arbitration centre (“siac”) in accordance with the international arbitration rules in force at the date of this agreement (“rules”), which rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of.....
Tag this Judgment! Ask ChatGPT.....partner. directors of plaintiff company therefore say that defendant no.1 in collusion with 4 defendant no.2 and in active concealment of material fact, by misrepresenting plaintiff company and by practicing fraud upon the plaintiff company have obtained consent of plaintiff company on the agreement of assignment and deed of confirmation. directors of plaintiff company therefore say that said agreement of assignment and deed of confirmation being tainted with fraud are ab initio null and void and not binding on plaintiff company. since the plaintiff company has recently come to know the aforesaid fraud, they have decided to inform the defendant that the agreement dated 20.05.2006 and the deed of confirmation dated 13.07.2006 in respect of the said property are not binding upon the plaintiff company and hence defendant no.1 has no legal right to continue with further development of the said property.10. directors of plaintiff company, from reliable sources, have come to know that defendant no.1 has no intention to develop the said property, further and hence defendant no.1, again in collusion with defendant no.3 is negotiating to transfer/assign development rights in respect of.....
Tag this Judgment! Ask ChatGPT.....& etc. this petition, having been heard and reserved for orders, coming on for pronouncement this day, the court made the following: order1 the facts which give rise to filing of the writ petition are as follows:2. the petitioner is an advertising agency engaged in the business of providing advertising services.3. on 07.09.2018, the directorate general of gst intelligence issued a show cause notice (for short, ‘scn’), in which the petitioner was asked to show cause wp.7801/2020 3 as to why the petitioner was not liable to pay a sum of rs.13,06,07,173/- as service tax.4. the said scn also called upon the petitioner to show cause as to why an amount of rs.91,87,632/- which had been paid by the petitioner be appropriated towards the above mentioned demand.5. the scn also called upon the petitioner to show cause as to why a total cenvat credit of rs.4,15,14,081/, taken as per the st-3 returns filed in july 2018 and august 2018 for the period from october 2012 to june 2017, should not be denied.6. various other contentions and demands were also made, which are, however, not relevant for the purpose of this writ petition and hence, are not stated herein.7. as the matter stood.....
Tag this Judgment! Ask ChatGPT.....wherein they have been convicted for the offences punishable under sections 302, 324, 109 and 504 read with section 34 of ipc.2. the brief facts, which are necessary for disposal of the appeal are as under: one smt. yallavva w/o.yallappa adin lodged a written complaint to kalaghatagi police on 21.06.2016 at about 1.00 p.m. alleging that she is permanent resident of malakanakoppa village in kalaghatagi taluk and was living with her husband sri.yallappa, aged 70 years (hereinafter referred to as “deceased”) and they had no issues and were eking out their livelihood by agriculture. deceased had elder brother by name basappa, who died about 12 years prior to the date of complaint. basappa 4 had five sons viz., ningappa, raju, basappa, shivappa i.e., accused no.1 to 4 and ishwar. it is further found in complaint that the family had three acres of land and yallappa had filed a suit in kalaghatagi court two years prior to the date of the complaint seeking partition of his share in the property and the said suit was pending as on the date of incident. yallavva further contends that accused persons used to pickup quarrel with herself and deceased often in regard to the.....
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