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Feb 02 2005

Zee Telefilms Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-02-2005

Subject : Constitution

Acts : Constitution of India - Articles 7, 12, 13(1), 13(2), 14, 17, 19, 19(1), 19(6), 21, 21A, 26, 32, 73, 77, 145(3), 226 and 298; Human Rights Act, 1998 - Sections 8; Companies Act; Succession Act 1925 - Sections 118; International Airport Authority Act, 1971; International Cricket Council Rules - Rules 8, 9, 10, 12, 32, 32A, 33, 34, 35 and 38; Societies Registration Act 1860; Tamil Nadu Societies Registration Act, 1975; Trade Practices Act, 1974; Wheat Marketing Act, 1989

Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649; [2005] 1 SCR 913; MANU/SC/0074/2005

Anr. : (1975)ILLJ399SC, in this case the Court held the bodies like Oil and Natural Gas Commission, industrial Finance Corporation and Life Insurance Corporation which were created by statutes because of the nature of their activities do … (D) by LRs. and Anr. v. B.D. Agarwal and Ors. MANUSC4502003: AIR 2003 SC 2686: 2003 (5) ALD 14 (SC): [2003] 117 Com Cas 1 … referring to an amendment made in U.K. in relation to a provision which was in pari materia with Section 118 of the Indian Succession Act 1925, this Court observed:'...The constitutionality of a provision, it is trite, will have

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Oct 05 2012

Enercon (India) Ltd. and Others Vs. Enercon Gmbh and Another

Court : Mumbai

Decided on : Oct-05-2012

Subject : Arbitration

buttress the said submission by referring to the clauses mentioned in the IPLA, regarding the grant of licences, finance, tenure of the IPLA; iv] That the patents in respect of which the licences were to be given … the judgment of a learned Single Judge of this Court reported in 2003 CLC 601 in the matter of GTC Limited v/s Royal Consulting RV … Division Bench of the Karnataka High Court reported in AIR 1966 Mysore 118 in the matter of Coffee Board, Bangalore v/s. Janab Dada Haji Ibrahim … came to be set aside, resulting in the Application filed under Section 45 of the Arbitration and Conciliation Act, 1996 being allowed in terms of prayer clause 28(a) thereof, and the Injunction Application of the Petitioners above-named,

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Dec 07 2010

Mr. Rajesh Bhalchandra Chalke Vs. M/S Emco Dynatorq Pvt. Ltd.

Court : Mumbai

Decided on : Dec-07-2010

Subject : Criminal

Acts : Negotiable Instruments Act (NI) - Section 138; Code of Criminal Procedure (CrPC) - Sections 200, 482, 252 ; Companies Act - Section 293; Constitution of India - Article 227; Amending Act - Sections 143 to 147

decision of the learned Single Judge of this Court in Peacock Industries Ltd. and others vs M/s Budhrani Finance Ltd. and another, 2006 ALL MR CRI 2233, decided on 14th July 2006. Referring to the various guidelines … book by Amending Act 55 of 2002 with effect from 6th February 2003 were obviously intended to give over-riding effect over Section 200 of CrPC … trying such complaints.STATUTORY PROVISIONS18. Before dealing with the rival submissions, we may briefly note the relevant statutory provisions. Section 118 of the NI Act, which is on the statute book since 1881, provides as under :-"118. Presumptions as

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May 23 2012

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court : UK Supreme Court

Decided on : May-23-2012

Subject : Land Acquisition

such cases: para 260. It was not open to the Revenue to rely on section 320 of the Finance Act 2004 ("Section 320 FA 2004") or section 107 of the Finance Act 2007 ("Section 107 FA 2007") to … Group Litigation with which these proceedings are concerned was established by a group litigation order on 8 October 2003. The test claimants are all companies which belong to groups which have UK-resident parents and also have foreign … reasons does not hold good for tax under Schedule D Case V. 118. The Court of Appeal took a different approach. It concluded ([2010] STC

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Jul 07 2011

State Bank of India Vs. Om NaraIn Agrawal and Others

Court : Allahabad

Decided on : Jul-07-2011

Subject : Land Acquisition

clearly pleaded that there appears a fraud and forgery on the part of Bank officials, and management. The Finance Ministry, Government of India on audit found embezzlement of Rs. 1304.45 Lacs in Bank by the Directors and … issue of proof in view of Sections 101, 102, 111, 34 and 115 of Evidence Act read with section 118 of the Negotiable Instruments Act, 1881.24. I proceed to consider the aforesaid aspect of the matter. First of … Andhra Pradesh High Court in N. Santosh Vs. Indian Overseas Bank, Hyderabad 2003(1) Banker's Journal 390 cited by Sri G.P. Agarwal, Advocate, to suggest that

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Feb 28 2007

Manishbhai Bharatbhai Shah Vs. the State of Gujarat and 4 ors.

Court : Gujarat

Decided on : Feb-28-2007

Subject : BankingCriminal

Acts : Limitation Act - Sections 5; Negotiable Instrument Act, 1881 - Sections 13, 118, 138 and 139; Bombay Money Lenders Act, 1946 - Sections 2(9), 10, 10(4), 11(2), 23 and 25; Money lenders Act, 1949; Prevention of Corruption Act, 1947 - Sections 4 and 4(1); Code of Criminal Procedure (CrPC) - Sections 313, 342, 378 and 378(4); Evidence Act - Sections 101

Reported in : (2008)1GLR392

be barred or incompetent. Shri Nanavay has invited this Court's attention to the decision in case of Sundaram Finance Limted (SFL) and Ors. v. State of Gujarat and Ors. reported in 2006 (2) GLH 362 in support … complaint which came to be registered as Criminal Case No. 1744 of 2003 in the court of learned Judicial Magistrate First Class Borsad against original … When the issuance of cheque and the signature has not been disputed, presumption under law as envisaged under Section 118 and 139 would arise in favour of the complainant. Once the complainant has established that the accused have … Misc. Application No. 10617 of 2006 under Section 5 of the Limitation Act, seeking condonation of delay occurred in preferring Criminal Miscellaneous Application No. 10043

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Nov 01 2006

Tonira Pharma Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Nov-01-2006

Subject : Service Tax

the value. K.7 Section 3A(2) of the Customs Tariff Act, 1975 as it stood prior to amendment by Finance Act, 2003 with effect from 1-3-2002 reads as under: (2) For the purpose of calculating under this section special additional … - 11-5-2001 in view of introduction of Sub-section (2A) in Section 9A of the Customs Tariff Act. JA.1 Section 118 of the Finance Act, 2001 introduced Sub-section (2A) to Section 9A in Customs Tariff Act, 1975 which is

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Nov 16 2023

Kaithakuzhy Educational Association vs Kerala State Electricity Board,

Court : Kerala

Decided on : Nov-16-2023

modification issued by the Kerala State Electricity Regulatory Commission in the matter of fixation of tariff for Self- Financing Educational Institutions under Sections 62 and 86 of the Electricity Act, 2003. As per the new tariff notification, … barred in view of Regulation 136 of the Electricity Supply Code, 2014 or Section 56 of the Electricity Act, 2003 is not sustainable as the period for which demand was raised is prior to promulgation of the Kerala … Principal, Sir Syed Institute for Technical Studies and others [(2021) 14 SCC 118] and as such, the learned Single Judge ought to have interfered with

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Nov 16 2023

Kaithakuzhy Educational Association, vs Kerala State Electricity Board ...

Court : Kerala

Decided on : Nov-16-2023

modification issued by the Kerala State Electricity Regulatory Commission in the matter of fixation of tariff for Self- Financing Educational Institutions under Sections 62 and 86 of the Electricity Act, 2003. As per the new tariff notification, … barred in view of Regulation 136 of the Electricity Supply Code, 2014 or Section 56 of the Electricity Act, 2003 is not sustainable as the period for which demand was raised is prior to promulgation of the Kerala … Principal, Sir Syed Institute for Technical Studies and others [(2021) 14 SCC 118] and as such, the learned Single Judge ought to have interfered with

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Jul 06 2006

Deelip Apte Vs. Nilesh P. Salgaonkar and anr.

Court : Mumbai

Decided on : Jul-06-2006

Subject : CriminalBanking

Acts : Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; General Clauses Act, 1897 - Sections 27; Code of Criminal Procedure (CrPC) - Sections 313

Reported in : I(2007)BC96; 2006(6)BomCR653

case of S. Ummul Habiba, Proprietor Alim Auto Supplies v. B. Rajendran 2004 (2) D.C.R. 449 and Shashi Finance Corporation v. Super Shine Abrasives (P) Ltd. Hyderabad and Ors. 2004 (1) A.P 158 as well as the … by the complainant to the accused in the first week of November, 2003. Likewise, it was the case of the accused that the said three … the complainant and the accused were close family friends.4. It is now common knowledge that the Negotiable Instruments Act, 1881, was amended with a view to enhance the acceptability of cheques in settlement of liabilities by making … which are required to be proved for making out a case under Section 138 of the Negotiable Instrument Act, 1881, ('Act' for short) and they … the date, reference could be made to Section 118(b) of the Act, which provides that only when

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