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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

Rbf Rig Corpn. Lic (Rbfrc) as Agent Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Subject : Direct Taxation

Reported in : (2008)297ITR228(Delhi)

of Special Bench are that after the introduction of clause (10CC) in Section 10 w.e.f. 1.4.2003 by the Finance Act, 2002, it was claimed by the assessee as an employee that where the employer has paid tax on … the present appellants, the theory of multi-stage grossing is liable to be rejected. 4.3 CIT v. Dennis (HD) 135 ITR 1 (Bom): In this case, the employee's case was reopened to include tax paid by the employer

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

Court : UK Supreme Court

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 … or transitional provisions. That expectation was then retrospectively falsified by section 320. 135. In all these circumstances, I prefer the reasoning of Lord Hope and

KSB Aktiengesellschaft and Another Vs. Anil Agarwal

Court : Mumbai

Subject : Land Acquisition

internationally well-known trade mark with a presence in India (KSB Aktiengesellschaft and Anr. v KSB Real Estate and Finance Private Limited; Notice of Motion No.4019 of 2007 in Suit No.2930 of 2007; decided on 11th February 2008). … PTC (18) (DB), SIA Gems and Jewellery Private Limited v SIA Fashion, 2003 (27) PTC 227 (Bom), H.M. Saraiya Ors v. Ajanta India Limited and … Kalpataru Hospitality and Facility Management, 2011 (48) PTC 135 (Bom.). The law is well-settled and there can … KG v John Distilleries Ltd., 2011 (47) PTC 100 (Bom)). If he does not do so and an action is brought against him subsequently in infringement, he cannot claim innocence. 13. It seems that the Defendant's application … be an unregistered proprietor or user at least for the purposes of Section 29(4) of the Trade Marks Act, 1999 using dissimilar goods and, therefore,