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Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Subject : Constitution

Acts : Constitution of India - Articles 1(1), 40, 226, 243E, 243G, 245, 246 and 246(3); Andhra Pradesh Panchayat Raj Act, 1994 - Sections 153, 181, 249 and 250

Reported in : 2004(2)ALD1; 2004(1)ALT659

'the 1951 Act') was amended initially by an ordinance, later replaced by the Representation of the People (3rd Amendment) Act, 2002. Sections 33A and 33B were incorporated providing a right to information to the voter and obligating a candidate … the Supreme Court in PUCL and Anr. v. Union of India and Anr., : [2003]2SCR1136 , - the second Democratic Reforms case. The Supreme Court held the concept of freedom of speech and expression is not static. … appointment of Judges to the Supreme Court and the High Courts [Article 124], and 'self-Government' [Articles 243(d) and 243G] - are 'principles' not 'rules'.76. The … reasons including absence of regular elections prolonged supersessions, insufficient representation of weaker sections like Scheduled Castes, Scheduled Tribes and women, inadequate devolution of powers and

P. Nedumaran and ors. Vs. State Rep. by Deputy Superintendent of Polic ...

Court : Chennai

Subject : Criminal

Acts : Prevention of Terrorism Act, 2003 - Sections 49; Code of Criminal Procedure (CrPC) - Sections 439

Reported in : 2004(1)CTC721

in Pudukottai and Virudhunagar Districts under the provisions of Unlawful Activities (Prevention) Act, Arms Act and Criminal Law (Amendment) Act. 12. The excerpts of the objectionable speech given by A-4 Thayappan is given in paragraph 20 of the … accused persons are facing prosecution for the offences under Sec. 21(1)(a), 21(2) and 21(3) of Prevention of Terrorism Act, 2002 (in short 'POTA'), which offences are punishable under Sec. 21(4) POTA and Sec. 10 of the Unlawful Activities … Pudukottai, on 10-2-2002 at Tiruchy, on 31-3-2002 at MTT Hindu College Higher Secondary School Campus at Tirunelveli, on 1-5-2002 at New Washermenpet in Chennai, on … that he had also committed the offence under Sec. 2(F)(1) read with Section 13(1)(b) of Unlawful Activities (Prevention) Act, 1967. Paragraph 16 gives the extracted … the Unlawful Activities (Prevention) Act, 1967 and Sec. 124(A), 153(A)1(A) of Indian Penal Code (IPC). The gravamen

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Subject : Right to Information

RPA, when they were enacted did not regulate contributions to political parties by companies and individuals. The Companies (Amendment) Act 1960 included Section 293A7 to regulate contributions by companies. The provision stipulated that companies cannot contribute to (a) … government company) should have been in existence for more than three years; second, contributions could only be made when a resolution authorizing the contributions had … the intervening persons/entities will not be known. This would impact the principles of the Prevention of Money Laundering Act 2002; and 22 “KYC” 13 PART A c. The intention of introducing electoral bonds can be accomplished by cheque, … disclosure of documents related to the affairs of the State in terms of 76 Indian Evidence Act 1872, Section 124 51 PART F a conflict between public interest and private interest. This Court observed that the underlying principle

Salem Textiles Limited Vs. Authorized Officer of Phoenix Arc Private L ...

Court : Chennai

Subject : Land Acquisition

take note of 3 developments that have taken place, one in the year 2002 in the form of Companies (Second Amendment) Act, 2002, the second in the same year 2002 in the form of Sick Industrial Companies (Special Provisions) Repeal Act, … High Court went to the extent of holding that in the light of Section 35 of the Securitisation Act, 2002, Section 22 of SICA does not survive anymore. (vi) In Nabha Industries Ltd vs. Punjab State Industrial Development Corporation … 30 ==================================================================”115. 1”48. 21 22 ==================================================================”97. 1”39. 17 28 ==================================================================”233. 2”57. 26 124 ==================================================================”370. 1”19. 61 272 ==================================================================”413. ”2. 113 295 ==================================================================”201. - - ”177.

Mahindra Electric Mobility Limited and Anr. Vs.cci and Anr.

Court : Delhi

Subject : MRTP

judicial review power under Article 226- in the wake of enactment of Article 324A (inserted by the forty second amendment to the Constitution) was permissible. The court held as follows: ―Though judicial review is a basic and essential … that have wide ranging repercussions, including prohibiting individuals and entities (i.e directors, companies etc) for specified periods from buying, selling or dealing in securities in … and Financial Institutions Act, 1993 (Section 18); Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Section 34); Telecom Regulatory Authority of India Act, 1997 (Section15) etc. This Court notices that firstly, the Act creates … encroachment, intentional or unintentional, by either the legislature or by the executive.…‖ 124. The leading authority relied upon by the... Petitioners was the Madras Bar

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

Subject : Land Acquisition

particularly on two grounds - (i) violation of the constitution; and (ii) violation of the enabling act. The second ground includes not only cases of violation of substantive provisions of the enabling act but also cases of … administrative orders or executive instructions without any statutory backing.14. It has been argued before us that formulation or amendment/ modification of a city’s Master Plan is not an administrative but a legislative exercise. Relying on the decisions … unauthorized demolished or damaged, provided Transfer Case (C) No.229 of 2020 Page 124 of 179 that the total built-up area in all floors put together … Authority of India and Others,20the dictum in Cynamide India Ltd. was followed. Section 11(4) of the Telecom Regulatory Authority of India Act, 1997, it was

Union of India (Uoi) Through the Commissioner of Customs Vs. Hoganas I ...

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 6, 9, 8, 18, 19, 28, 28(1), 37(2), 111, 112, 113, 114, 114A, 115, 116, 117, 118, 119, 120, 121, 124, 123, 125, 125(2), 127A, 127B, 127B(1), 127C(1), 127C(3), 127C(6), 127C(7), 127C(9), 127C(11), 127D, 127E, 127H, 127H(1), 127H(3), 127I(1) and 245A; Narcotic Drugs and Psychotropic Substances Act, 1985; Customs Tariff Act, 1975; Customs (Amendment) Act, 1998; Income Tax Act, 1961 - Sections 245C, 245C(1), 245D and 245D(1); Finance Act - Sections 13; Customs Rules - Rules 10, 10A and 18A; Customs (Settlement of Cases) Rules 1999; Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1898; Indian Penal Code; Income Tax Law

Reported in : (2005)107BOMLR61; 2006(199)ELT8(Bom)

Commission had no jurisdiction to entertain the same. It is the main contention of Mr. Rana that the companies or the persons who evade the customs duty fraudulently, cannot avail of the benefit of approaching the Settlement … the aforesaid case was decided by the Supreme Court subsequent to the amendment of 1991, in the said judgment, the Supreme Court was dealing with … 117, 119, 120 and 121 of the Act. He also contended that a show cause notice issued under Section 124 for confiscation of goods or imposition of penalty and involving aforesaid Sections will not be a show cause … in limine the Commission had no jurisdiction to entertain the said application. Secondly, this is a case where the income tax authorities had made extensive … and C. Ex. Settlement Commission, reported in : 2002(139)ELT512(Mad) Mr. Rana strongly relied upon the following observations

State Of U.p. . Vs. M/s. Lalta Prasad Vaish And Sons

Court : Supreme Court of India

Subject : Land Acquisition

In the State of Bihar vs. Industrial Corporation (P) Ltd., (2003) 11 SCC465(“Industrial Corporation (P) Ltd.”), the respondent companies were engaged in the manufacture of rectified spirit from molasses allotted to them by the Controller of Molasses … the appellant therein, who had composite and multiple licences to manufacture potable liquor, was outside the sweep of second part of Rule 9 of the aforesaid Rules. That to such distilleries the first part of the Rule … State of Andhra Pradesh had prohibited the manufacture of liquor by an amendment in the Andhra Pradesh Prohibition Act, 1995. The appellants therein who were … denuded of its power to enact the Kerala Finance Act 7 of 2002. 18.7 Thus, when the State of Kerala intended to amend the State … To Civil Appeal No.151 of 2007 Etc. Page 124 of 241 ascertain the breadth of the phrase … be committing an offence which is punishable under Section 49 of the aforesaid Act. Therefore, it was

The Tata Power Company Limited (Formerly Known as Tata Electric Compan ...

Court : Mumbai

Subject : Other Taxes

Acts : Companies Act, 1956; Electricity (Supply) Act, 1948 - Sections 44 and 72; Indian Stamp Act; Bombay Village Panchayats Act, 1958 - Sections 124(6); Micro Small And Medium Enterprises Development Act, 2006; Constitution of India - Article 226 and 227; Maharashtra Village Panchayat Taxes and Fees Rules, 1960 - Rule 35 and 35(8); Bombay Village Panchayats (Amendment) Ordinance, 1999

Reported in : 2008(3)ALLMR692; 2008(6)BomCR152; (2008)110BOMLR1500; 2008(6)MhLj635

in a nutshell are as under:3. The Petitioner No. 1 is a Company incorporated and registered under the Companies Act 1 of 1956. The petitioner No. 2 is a shareholder of the Petitioner No. 1 Company. Respondent … Minister again passed an order dated 13/08/2004. Petitioners made an application for amendment of the Writ Petition and, consequently, the Writ Petition was allowed to … again challenged the said order by filing Writ Petition No. 5101 of 2002 in this court inter alia contending that no reasons were given by … without giving hearing to the Petitioners and merely an old order was substituted by a new reasoned order. Secondly, on third occasion specific directions were given to compute the octroi duty which was demanded on the face … made to the Maharashtra State Electricity Board under Sections 44 and 72 of the Electricity (supply) Act, … also exemption from payment of octroi under Section 124(6) of the Bombay Village Panchayats Act.9. After the

Tata Teleservices (Maharashtra) Ltd. Vs. Union of India (Uoi)

Court : Mumbai

Subject : Customs

Acts : Customs Act, 1962 - Sections 28, 110, 111, 111, 111, 111, 112, 113, 114, 115, 116, 117, 119, 120, 121, 123, 127A, 127A(b), 127B and 144A; Narcotic Drugs and Psychotropic Substances Act, 1985; Customs Tariff Act, 1975; Income Tax Act, 1961 - Sections 245C and 245D

Reported in : 2006(201)ELT529(Bom)

Commission had no jurisdiction to entertain the same. It is the main contention of Mr. Rana that the companies or the persons who evade the customs duty fraudulently, cannot avail of the benefit of approaching the Settlement … the aforesaid case was decided by the Supreme Court subsequent to the amendment of 1991, in the said judgment, the Supreme Court was dealing with … 111, 112,113,114,115,116,117,119, 120 and 121 of the Act. He also contended that a show cause notice issued under Section 124 for confiscation of goods or imposition of penalty and involving aforesaid Sections will not be a show cause … in limine. The Commission had no jurisdiction to entertain the said application. Secondly, this is a case where the income tax authorities had made extensive … & C. Ex. Settlement Commission, reported in : 2002(139)ELT512(Mad) Mr. Rana strongly relied upon the following observations