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M. Natarajan Vs. State Represented by Inspector of Police, Spe/Cbi/Acb

Court : Chennai

Subject : Criminal

Acts : Finance Act, 1998 - Sections 86, 88, 90, 90(1), 91 and 95; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2) ; Foreign Exchange Regulation Act, 1973; Narcotic Drugs and Psychotropic Substances Act, 1985; Terrorist and Disruptive Activities (Prevention) Act, 1987; Customs Act, 1962 - Sections 28; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Code of Criminal Procedure (CrPC) - Sections 154, 170, 173, 190, 190(1), 209, 225, 226, 227, 239, 240, 244, 397, 402 and 482; Indian Penal Code (IPC) - Sections 120B, 420, 467 and 471; Constitution of India - Article 227; Finance Rules - Rule 3(1); Kar Vivad Samadhan Scheme Rules, 19

Reported in : 2006(197)ELT476(Mad)

an opportunity of being heard.6. Learned counsel for the petitioner drew my attention to the various provisions of Finance Act 2/98 and more particularly, section 86 in Chapter IV of the special enactment and also to the Kar … Special Judge for CBI Cases, Chennai in Crl. M.P. No. 146 of 2005 in C.C. No.6 of 2004, dated 18.04.2005. The Criminal Original Petition is … Sushila Rani v. CIT : [2002]253ITR775(SC) and CBI v. Dunkans Agro Industries Ltd., Calcutta : 1996CriLJ3501 ;(3) under section 239 of the Criminal Procedure Code, accused shall be given an opportunity of being heard.6. Learned counsel for the

Janiz K. Thomas and Others Vs. State of Kerala and Others

Court : Kerala

Subject : Education

Reported in : 2012(3)KLJ852

revision petitioners attempted to sustain the contentions relying on the decisions of this Court in Baby v. Shan Finance (P) Ltd. reported in 2006(4) KLT 594, State of Kerala v. Viji reported in 2006(3) KLT SN 69, … husband Sri.K.M.Thomas who are respectively accused Nos.2 and 1 in C.C.No.3176 of 2005 on the file of the same Court, have filed Crl.R.P.No.1584 of 2012. … these revision petitions have been filed against the orders dismissing the applications filed by the revision petitioners under section 239 of the Code of Criminal Procedure for discharge, moved in the respective calendar cases. The commonness in the … the purview of primary or secondary evidence as defined in the Evidence Act." It was further held that it would not be possible to rely

Vazhuthacaud R.Narendran Nair vs State of Kerala

Court : Kerala

Judge, Thiruvananthapuram.Facts:2. The petitioner is a Lawyer by profession. He was the LegalAdvisor of the Kerala Transport Development Finance Corporation Limited (KTDFC), a Government owned company. Accused No.1 was the Managing Director of the KTDFC. Accused Nos.2 … party on 17.11.2004. 2.2. The KTDFC introduced “Aiswarya Griha Housing FinanceScheme” in 2005. There was a provision for 'housing and taking over loan' under the … offences.6. The petitioner appeared in response to summons. He filed an application as Crl.M.P No.1110/2021 seeking discharge under Section 239 Cr.P.C. The learned Special Judge dismissed the application. The said order is under challenge in this Crl.R.P.7. The … They dishonestly entertained it knowing that accused Nos.1 and 8 were not actually eligible for the loan. Accused No.1 sanctioned Rs.46 Lakhs in favour of

M/S. Federal Mogul Goetze India Ltd. Vs. the Commissioner of Central E ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

availed. Further, no provisions similar to Section 5A (1A) of the Central Excise Act is available in the Finance Act 1994 and therefore, the question of compelling an assessee to avail a service tax exemption and that too … Rs. 6,11,96,239/- being inadmissible CENVAT credit availed on the common inputs and input services during the period March 2005 to June 2008 along with interest and imposition of equal amount as penalty. 1.2.Appeal No. E/1087/2009 is by

In Re: Abdul Razak A. Meman, in Re:

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)195CTRAAR534

Matched in: Citation (2005)195CTRAAR534

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 … the following English judgments:- [I] (2008) Vol. 1 Lloyd's Law Reporter page 239 in the matter of C v D. [II] (2007) Vol. 1 Lloyd's … 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.

M. Natarajan Vs. State by Inspector of Police, Spe, Cbi, Acb Chennai

Court : Supreme Court of India

Subject : Criminal

Acts : Indian Penal Code (IPC) - Sections 120B, 420, 467, 468 and 471; Prevention of Corruption Act, 1988 - Sections 13(1) and 13(2); Finance Act, 1998 - Sections 86 to 98; Indirect Tax Act; Direct Tax Act; Conservation of Foreign Exchange And Prevention of Smuggling Activities Act, 1974; Kerala Sales Tax Act; Central Excise Act, 1944; Customs Tariff Act, 1975; Central Excise Tariff Act, 1985; Central Excise Tariff Act, 1986; Code of Criminal Procedure (CrPC) - Sections 239, 245 and 482; Customs Act, 1962 - Sections 28, 90(1), 127H, 132 and 136; Constitution of India - Article 246; Wealth Tax Act, 1957; Gift Tax Act, 1958; Income Tax Act, 1961; Interest Tax Act, 1974; Expenditure Tax Act, 1987

Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.

for clearance of the car, secondly in a scheme, namely, Kar vivad Samadhan Scheme, 1998 (KVSS) floated vide Finance Act No. 2 of 1998 which commenced from 1.9.1998, it was clearly provided that if a tax- payer settles … the High Court has dismissed the Criminal Revision Case No. 538 of 2005 and Criminal O.P. No. 21636 of 2005 filed by the appellant herein.3. … it was argued before the learned Single Judge by the Public Prosecutor that firstly the Revision Petition under Section 239 Cr.P.C. could not co-exist with the Criminal Original Petition under Section 482 of the Cr.P.C. It was secondly

M/S. India Gate Way Terminal (P) Ltd. Vs. Cce, Cochin

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT

Subject : Service Tax

are discharging the service tax on the taxable value as received from various persons, under the provisions of Finance Act, 1994. During the course of audit of the records of the appellant, it was noticed by the Internal … that it can be seen from the above that all the capital goods were received in the year 2005 and credit was taken in 2005. He would submit that 50% of the credit can be taken by … the Order-in-Original, we find that the adjudicating authority has imposed penalties under Section 76, and Section 78 of the Finance Act, 1994 in a consolidated

Vishnu Kumar Shukla Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

Subject : Education

1 To be precise, the symbol was officially approved on 26.08.2010 vide F.No.03/17/10-Cy., Government of India, Ministry of Finance, Department of Economic Affairs (Cy. Section). 2340. Procedure in cases mentioned in Section 195.-(1) When, upon an application … thus, could not have been reflected in a ‘Memorandum’ of the year 2005, which clearly exposes the falsity of the claim. Moreover, it was submitted … prosecuting agency to the court. 20.After that, comes the stage of discharge, for which it is provided in Section 239 CrPC that the Magistrate has to consider the police report and the documents sent with it under Section … provided by Section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his

Pushpendra Kumar Sinha Vs. The State Of Jharkhand

Court : Supreme Court of India

Subject : Arbitration

is worthwhile to state that, Mr. GNS Munda (Member, Technical) as well as Smt. 4 Rajbala Verma (then Finance Secretary, State of Jharkhand) were part of this Board meeting.5. It is pertinent to mention that, while giving … passed by learned Special Judge, Anti­Corruption 1 Bureau dismissing the application for discharge filed by the Appellant under Section 239 of Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) in connection with Special Case No.02 of 2011 has … and Section 13(1)(c) and 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 (for short “PC Act”).3. The facts briefly put are that the