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Gurcharan Singh Vs. Directorate of Revenue Intelligence

Court : Supreme Court of India

Subject : CustomsCriminal

Acts : Customs Act, 1962 - Sections 2, 2(33), 2(41), 8, 11, 13, 50, 76, 77, 104, 111, 113, 123, 132, 135, 135(1), 135B, 136 and 136(1); Customs (Amendment) Act, 2003; Finance Act, 2003 - Sections 109; Foreign Exchange Regulation Act, 1973 - Sections 14, 14(1), 15 and 18; Code of Criminal Procedure (CrPC) - Sections 482; Finance (No. 2) Act, 1991; Foreign Trade (Development and Regulation) Rules, 1993 - Rule 11

Reported in : 2008(1)ALD(Cri)968; 2008CriLJ2238; 2008(128)ECC5; 2008(154)LC5(SC); 2008(224)ELT497(SC); JT2008(4)SC383; 2008(4)SCALE403; 2008AIRSCW2280; 2008(2)AICLR821; 2008(3)Supreme28

entry of goods which was even otherwise covered. It is in that contingency that Section 109 of the Finance Act, 2003 provided:109. In Section 113 of the Customs Act, -(a) in Clauses (c), (e), (f), (g) and (h), the … High Court was that Shri A.K. Saxena being a Customs Officer could not have been proceeded against under Section 135 of the Act and, thus, the complainant committed a serious illegality in exercising his power of arrest as

P.C. JaIn Vs. Union of India (Uoi) and anr.

Court : Delhi

Subject : Customs

Acts : Customs Act, 1962 - Sections 129(1) to 129(5), 129(6), 146A and 146A(2); Finance Act, 2007 - Sections 110; Advocates Act, 1961 - Sections 30; Indian Bar Councils Act, 1926 - Sections 9(4), 14 and 14(1); Central Excise Act, 1944 - Sections 2, 12, 35D, 35Q, 35Q(2) and 50; Finance Act, 1994 - Sections 65(5) and 83; Gold (Control) Act, 2003 - Sections 135; Customs and Excise Revenue Appellate Tribunal Act, 1986 - Sections 11; Administrative Tribunal Act, 1985 - Sections 11; Haryana Ceiling of Land Holdings Act, 1972 - Sections 20A; Karnataka Land Reforms Act, 1961 - Sections 48(8); Maharastra Restoration of Lands to Schedule Tribes Act, 1974 - Sections 3(1), 4 and 9A; Ancient Monuments and Archaeological Sites and Remains Act, 1958; Constitution of India - Articles 14, 19(1), 19(6), 21,

Reported in : 159(2009)DLT326

by substitution of the expression 'service tax' in place of 'Gold (Control)' by Act 32 of 2003 by Section 135 w.e.f. 14.05.2003. Similarly, the definition of Appellate Tribunal as contained in Section 65(5) was part of the parent … 1962 (hereinafter referred to as the 'Custom Act'). The said provision was introduced by Section 110 of the Finance Act, 2007 w.e.f. 11.05.2007.1.1 The petitioners being aggrieved, have laid a challenge to the said provision, broadly on two

Pawan Kumar and ors. Vs. Directorate of Revenue Intelligence

Court : Delhi

Subject : Criminal

Acts : Customs Act, 1962 - Sections 8, 11, 14, 27, 50(2), 111, 104, 113, 123, 132, 135, 135(1), 135(2), 136, 136(1) and 136(2); Finance Act, 2003; Income Tax Act, 1961 - Sections 43B; Finance Act, 1987; Indian Penal Code (IPC) - Sections 107; Foreign Exchange Regulation Act - Sections 18 and 67

Reported in : 2007(94)DRJ566; 2007(218)ELT331(Del)

135 of the Customs Act. This submission was based on the amendment in the Act made by the Finance Act, 2003, which had brought in the activities of fraudulent claim of duty drawback within the four corners of punishing … far as Sh. A.K. Saxena is concerned, he was wrongly implicated and made accused in the proceedings under Section 135 of the Customs Act inasmuch as there was specific provision in the form of Section 136 of the

Bses (Y) Power Ltd. Vs. Neeraj Kumar

Court : Delhi State Consumer Disputes Redressal Commission SCDRC New Delhi

Subject : MRTP

involving theft of electricity or dishonest abstraction of energy (DAE) as contemplated under Section 135 of the Electricity Act, 2003, the Delhi High Court has passed the following order, which is dated 8.11.2006: “These petitions have been entertained … that have been included in the definition of ‘service by way of Section 2(1)(o) of Act, i.e., banking, financing, insurance, transport, processing, supply of electrical or other energy, lodging, boarding or both, housing, construction, entertainment, amusement or

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Subject : Right to Information

political parties focusses on (a) contributions by corporate 1 “Electoral Bond Scheme” or “Scheme” 2 “Finance Act” 3 Section 135 of the Finance Act 2017; “RBI Act” 4 Section 137 of the Finance Act 2017;“RPA” 5 Section 11 … establishing the double proportionality standard ...................................................... 103 b) Validity of the Electoral Bond Scheme, Section 11 of the Finance Act and Section 137 of the Finance Act ..................................................... 113 c. Validity of Section 154 of the Finance Act … 13A was introduced. It was increased to twenty thousand rupees by the Election and Other Related Laws (Amendment) Act 2003 14 IT Act, Proviso (b) to Section 13A15IT Act, Proviso (c) to Section 13A10PART A12 By the Election

U.P.Power Corporation Ltd. and ors. Vs. Anis Ahmad

Court : Supreme Court of India

Subject : MRTP

Part XIV of the Electricity Act, 2003 relates to “offences and penalties".. If Section 126 is read with Section 135 to 140 it will be clear that various acts of ".unauthorized use of electricity” constitute “offences” mentioned under … apparatus belonging to a licensee maliciously etc. constitute “offences” which attracts punishment under Section 138 of the Electricity Act, 2003. Section 138 of the Electricity Act reads as follows: “138.Interference with meters or works of licensee.-(1) Whoever,- (a) unauthorisedly … 10th March, 2004 and claimed compensation of Rs.5,000/- towards mental agony and financial loss. The appellant, U.P. Power Corporation Ltd., in their reply raised the

Bangalore Electricity Supply Co. Vs. Karnataka Electricity

Court : Appellate Tribunal for Electricity APTEL

Subject : Land Acquisition

Reported in : (2008)LCAPTEL164

had to be disallowed by the Commission as sale to unauthorized installations amounts to theft in terms of Section 135 of The Electricity Act, 2003 (The Act). As per direction of the Commission the appellants were to regularize … allowed in full. The details are as under: (vii) The interest and finance charges claimed by the appellants on Capital Works Programme have not been … provided in prayer (b) above.3. The appellants are all electricity distribution licensees in the Karnataka under The Electricity Act, 2003 (the Act in short) for the respective areas of supply. These are wholly owned Government of Karnataka Enterprises

The Assistant Commissioner of State Tax vs M/S Manappuram Finance Ltd.

Court : Kerala

the Court is concerned with the amendments made to Section 42(3) of the VAT Act by the Kerala Finance Act 2016 (for short ‘Act 18/2016’).2. We have heard Mr Mohammed Rafiq learned SpecialGovernment Pleader (Taxes), and Mr Shamsudheen, … and work. Sections 20 to 39 of Chapter V and Section 6 of the Kerala Value Added Tax Act, 2003 (for short ‘the VAT Act’) provide for different obligations -107- on the Dealer and the Officers in filing

The State of Kerala, vs Pushpangadhan P.,

Court : Kerala

the Court is concerned with the amendments made to Section 42(3) of the VAT Act by the Kerala Finance Act 2016 (for short ‘Act 18/2016’).2. We have heard Mr Mohammed Rafiq learned SpecialGovernment Pleader (Taxes), and Mr Shamsudheen, … and work. Sections 20 to 39 of Chapter V and Section 6 of the Kerala Value Added Tax Act, 2003 (for short ‘the VAT Act’) provide for different obligations -107- on the Dealer and the Officers in filing

The State of Kerala vs Tulsi Developers India (P) Ltd.

Court : Kerala

the Court is concerned with the amendments made to Section 42(3) of the VAT Act by the Kerala Finance Act 2016 (for short ‘Act 18/2016’).2. We have heard Mr Mohammed Rafiq learned SpecialGovernment Pleader (Taxes), and Mr Shamsudheen, … and work. Sections 20 to 39 of Chapter V and Section 6 of the Kerala Value Added Tax Act, 2003 (for short ‘the VAT Act’) provide for different obligations -107- on the Dealer and the Officers in filing