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Rojer Mathew Vs. South Indian Bank Ltd and Ors Chief Manager

Court : Supreme Court of India

Subject : Land Acquisition

CJI1 Leave granted. BRIEF BACKGROUND:2. In the present batch of cases, the constitutionality of Part XIV of the Finance Act, 2017 and of the rules framed in consonance has been assailed. While it would be repetitious to reproduce … vs. Union of India (2014)17, whilst striking down the newly-created National Tax Tribunal under the National Tax Tribunals Act, 2005, it was observed that procedure of appointment and conditions of service of members must be akin to judges … and L. Chandra Kumar v. Union of India [(1997) 3 SCC261, paras 120 and 121 at page 65 to 67]., where Ministry of Law and … petitioner had originally approached the High Court challenging the constitutional validity of Section 13 (5- A) of the Securitisation and Reconstruction of Financial Assets and

Pratapbhai Hamirbhai Solanki. Vs. State of Gujarat and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC), (IPC) 1860 - Sections 302, 201, 120-B; Arms Act, 1959 - Sections 25(1)(b), 27; Constitution Of India - Article 136; Code Of Criminal Procedure (CrPC), 1973 - Section 439; Right to Information Act, 2005

any assistance to the prosecution case. He would further submit that the allegation that the appellant provided the finance in hiring the contract killer has no semblance of truth inasmuch as it is manifest from the statement … undertaken by an agency which is not under the control of the State Government.14. The Right to Information Act, 2005 declared in its Preamble that, whereas the Constitution of India has established democratic Republic and democracy requires an … the order of rejection of prayer for bail for offences punishable under Sections 302, 201 and 120-B of the Indian Penal Code, 1860 (for short

Eversmile Pre-fab Pvt. Ltd. Vs. Commissioner of Central Excise Thane-i ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

209 (Tri.-Chennai), which was upheld by the Supreme Court [2005 (184) ELT 120 (SC)]. 7. With reference to the submissions made by the learned counsel … plaster, cement, asbestos, mica or other similar materials not elsewhere specified or included" underwent a change under the Finance Act, 1997 and, accordingly, three sub-headings came into existence from 1.4.1997, of which SH 6807.20 covered "blocks, slabs, concrete … (supra) as affirmed by the Supreme Court vide Excon Building Material Mfg. Co. Pvt. Ltd. vs. CCE, Bombay 2005 (186) ELT 263 (SC), the learned counsel submitted that the assessee in that case had never claimed that … duty of over Rs.3 crores against the appellant under the proviso to Section 11A(1) of the Central Excise Act. He also imposed a penalty of

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

Court : Mumbai

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 … upon the judgment of the Apex Court reported in (2007) 7 SCC 120 in the matter of AurohillGlobal Commodities Ltd. v/s. Maharashtra STC Ltd. and … 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, … the authoritative pronouncement of the Apex Court in the Judgment reported in 2005(7) SCC 234 in the matter of Shin-Etsu Chemical Co. Ltd. and Ors.

Krishna Lifestyle Technologies Ltd. Vs. Union of India (Uoi) Through t ...

Court : Mumbai

Subject : Excise

Acts : Customs Act, 1962 - Sections 142; Central Excise Act, 1944 - Sections 11; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2005 - Sections 13(6) and 35; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002; Finance Act, 2004 - Sections 11; Central Boards of Revenue Act, 1963 - Sections 11D; Customs Act, 1862; Karnataka Land Revenue Act - Sections 158 and 190; Contract Act - Sections 176; Central Sales Tax Act - Sections 9; Transfer of Property Act, 1882 - Sections 100; State Financial Corporation Act, 1951 - Sections 29 and 29(2); Karnataka Sales Tax Act - Sections 15; State Corporation Act, 1951 - Sections 25; Income Tax Act - Sections 2(13); Bombay Sales Tax Act, 1959 - Se

Reported in : (2008)110BOMLR456; 2008BusLR314(Bom); 2008(125)ECC208; 2008(151)LC208(Bombay); 2008(229)ELT173(Bom); 2009[16]STR669

issues, it would be necessary to reproduce Section 11 along with the proviso which was inserted by the Finance Act No. 2 of 2004 to the Central Excise Act, 1944 and which reads as under:11. Recovery of sums … secured creditors under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2005 (in short 'SARFAESI Act')?2. What is the effect of a prior attachment by revenue of the property of

Union Of India Vs. M/s. B.t. Patil And Sons Belgaum (construction) Pvt ...

Court : Supreme Court of India

Subject : Land Acquisition

Customs Act, Section 37 of the Central Excise Act and Section 93A read with Section 94 of the Finance Act, 1994, the Central Government has made a set of rules called the Customs, Central Excise Duties and Service … Writ Appeal No.356 of 2006. Respondent also filed Writ Appeal No.3699 of 2005 assailing the direction of the learned Single Judge to pay interest only … for the manufacture and supply of products to such projects.20. Chapter X introduced the concept of ‘deemed exports’. Section 120 defines ‘deemed exports’ to mean those transactions in which the goods supplied did not leave the country and

Anshul Properties Private Ltd. Vs. the State of West Bengal and anr.

Court : Kolkata

Subject : CompanyLimitation

Acts : Companies Act, 1956; ;Negotiable Instruments Act - Sections 131, 138, 141 and 141(2); ;Limitation Act - Section 5; ;Code of Criminal Procedure (CrPC) , 1974 - Sections 181(4), 200, 203, 204, 239, 252, 256, 256(1) and 482; ;Indian Penal Code (IPC) - Sections 120B, 406 and 420

Reported in : 2009CriLJ4628

Cr. P.C. nugatory and otiose. My attention in this connection has been drawn to the decision in Shankar Finance and Investments v. State of A.P. reported in 2008 (3) SCC (Cri) 558 : AIR 2009 SC 422, … to the decisions in S.M.S. Pharmaceuticals v. Neeta Bhalla reported in : 2005 Criminal 800 : 2005 Cri LJ 4140 (SC), Green Earth Asphalt & … this common judgment and order. M/s. Anshul Properties Private Limited which is a company registered under the Companies Act and which is the appellant in CRA No. 149 of 2009 and also the petitioner in CRR No. … principal officers of the said accused No. 1 company alleging offences under Section 138 read with Section 141 of the N.I. Act. Allegedly towards the … was in connection with an offence under Sections 120-B/406/420 of the IPC. In that case the learned

Van Oord Dredging and Marine Vs. Adit, (international

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2008)297ITR115(Mum.)

the Act.The Ld. Counsel for the assessee submitted that the provision of Section 234 D was inserted by Finance Act 2003 with prospective effect from 1.6.2003 and was not given retrospective effect. He submitted that this provision was … case before him. He relied on decision in Rajendra Nath v. CIT 120 ITR 14 (SC) and Bhagwandas Sitaram (HUF) 143 ITR 563(SC).24. We have … in the case of Sedco Forex International Drill Inc. v. CIT Dehradun in Civil Appeal No. 351-355) of 2005.21. The Ld. Departmental Representative has opposed the submissions of the Ld. Counsel for the assessee. He submitted that

Ghulam Mohd. Bhat vs.national Investigating Agency

Court : Delhi

Subject : Land Acquisition

of the appellant. (v) That the NIA has alleged that the appellant is a habitual offender of terror financing cases and has been charged as an accused in case FIR No.252/07, under Sections 17,18,21,24,40 of UA(P) Act … HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE BRIJESH SETHI JUDGMENT SIDDHARTH MRIDUL, J1 The present appeal under Section 21(4) of the National Investigating Agency Act, 2008 (hereinafter referred to as ‘the NIA Act’) read with Section … was registered at Police Station-Special Cell, Lodhi Colony on 16.01.2011 under Section 120-B of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’)

Dr. Mathew a. Kuzhalnadan vs Pinarayi Vijayan

Court : Kerala

Subject : Land Acquisition

in 2019. In the proceedings before the Interim Board for Settlement under the Income Tax Act, the Chief Finance Officer of CMRL revealed that respondent Nos.6 and 7 had not provided any service to them and CMRL … Land Board initiated proceedings against KREML. The company submitted applications seeking exemption from ceiling limit as provided in Section 81 (3) of the Kerala Land Reforms Act, 1963. Those applications were rejected by the Government several times … under Section 13(1)(b) of the Prevention of Corruption Act, 1988 and Sections 120B and 34 of IPC.4. The complainant produced 28 documents along with the