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Mohammad GayasuddIn Son of Wali Mohammad Vs. the State of Maharashtra, ...

Court : Mumbai

Subject : Criminal

Acts : Arms Act - Sections 3 and 25; Prevention of Terrorists Act, 2002 - Sections 3(3), 3/25, (5), 18, 21 (2), 22, 22(2), 22 (3), 32 and 50; Evidence Act, 1872 - Sections 24, 27, 30 and 34; Unlawful Activities (Prevention) Act, 1967; ;Terrorist And Disruptive Activities Prevention Act 1987 - Sections 15 and 15(1); ;Terrorist And Disruptive Activities Prevention Act (Amending) Act, 1993 - Sections 15; Bankers Book Evidence Act, 1891 - Sections 4; Indian Penal Code (IPC) - Sections 143, 147, 148, 149, 325, 363 and 368; Code of Criminal Procedure (CrPC) - Sections 149, 154, 156(3), 162, 164, 167(2), 173, 281, 190, 439 and 463

Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994

to Police Officers to be taken into consideration .- (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a … time, the Police Authorities applied provisions of Sections 3(3), (5), 21(2) and 22(3) of the Prevention of Terrorists Act, 2002 ( hereinafter referred to as 'The POTA' for brevity). 5. Mr. Manohar, learned counsel, contended that the appellant … organization to the Schedule, (b) remove an organization from that Schedule, (c) amend that Schedule in some other way. As far as sub-sections (3) and

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

Subject : Land Acquisition

during the course of cross examination of defendant's witness? 2) Whether in terms of Section 58 of the Indian Evidence Act, 1872, the admissions made by parties during the hearing/trial can be accepted as substantive evidence and reliance … Code of Civil Procedure by virtue of section 5 r/w section 16 of the Code of Civil Procedure (Amendment) Act, 2002? 11. Mr. D. J. Pangam, learned Advocate, argued on behalf of the plaintiffs whereas, Mr. Galileo Teles, learned

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Subject : Companies

Acts : Companies Act, 1956 - Section 55A(b), 55A(c), 56, 57, 58, 60B, 60B(1), (2), 2(19A), 60B(9), 235 to 241, 73, 73(1)(2A), 209-A , 68A(1)(a), 2(45AA), 81(1A), 234(1), 234(4)(a), 67(3), 62, 63, 108A, 109, 110, 117A, 117B, 117C, 56, 62, 63, 642, 642(4), 2(19A); Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 ; Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 - Regulations 3, 6, 2(zc), 2(p), 2(n), 4(2), 5(1), 6, 7, 16(1), 20(1), 25, 26, 36, 37, 46, 57; Securities and Exchange Board of India(SEBI) Act 1992 - Section 11C, 11A, 15Z, 55A, 68A, 77A, 80A, 108, 109, 110 116, 117, 118, 119, 120, 121, 122, 206, 206A, 207, 59 to 81,; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, Form No. 2A,; Securities Contracts (Regulation) Act(SCR), 1956 - Section 2(h), 21, 73(1)(3), 28, 28(1)(b), 20; Companies (Amendment) Act, 2000 - Section 55A, 67(3); Companies (Second Amendment) Act, 2002 - Section 2(19B), 60B(9), 60B(1)(2)(3), ; Constitution of India - Articles 129, ; Companies Act, 2006 - Sections 755, 760,; Food Safety Modernization(FSMA), Act 2000 - Section 85; Reserve Bank of India Act, 1934 - Section 45I(f) ; Companies Amendment Act 53 of 2000 - Section 81(1A); Insurance Act, 1938 - Section 2; Securities Laws (Amendment) Act, 1995 - Sections 13, 16, 28(1)(b), 28(2); Indian Evidence Act - Section 114 ; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, 4D; Unlisted Public Companies (Preferential Allotment) Rules, 2003 - Rule 2,; UPC (PA) Amendment Rules 2011 ; SCR Rules - Rule 19; Unlisted Public Companies (Preferential Allotment) Amendment Rules 2011

Reported in : (2013)1SCC1

stock exchange. Section 60B, as already indicated, refers to IM. Section 2(19B) was inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1.4.2003, which reads as follows:“2(19B) "information memorandum" means a process undertaken prior to the filing of a … those principles and concepts find a place in the later English Companies Act, 1985, followed by 1989 Act. Indian Companies Act, 1956 still remains static on various issues. No efforts have been made to incorporate universally accepted … that, apart from asserting jurisdiction in an erroneous manner, SEBI has no evidence of credible nature to show that Saharas had attempted to deceive or

Mandvi Co-op. Bank Ltd. Vs. Nimesh B. Thakore

Court : Supreme Court of India

Subject : BankingCriminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142 and 143 to 147; Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002; Negotiable Instruments Laws (Amendment) Act, 1988; Information Technology Act, 2000; Evidence Act, 1891 - Sections 113A, 137 and 165; Code of Criminal Procedure (CrPC) , 1973 - Sections 251, 254, 262 to 265, 273, 294, 296, 296(2), 315, 316 and 482; Indian Penal Code (IPC), 1860 - Sections 137 and 498A; Constitution of India - Article 20(3)

Reported in : 2010(1)BomCR614; JT2010(1)SC259; 2010(I)OLR(SC)306; 2010(1)SCALE188; (2010)3SCC83; [2010]98SCL139(SC); 2010(1)LC454(SC)

of adjective law for criminal trials. The provisions of Section 146 similarly depart from the principles of the Indian Evidence Act. Section 143 makes it possible for the complaints under Section 138 of the Act to be tried … 1881. The Negotiable Instruments Act was amended first by the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 and a second time by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002. The first amendment … Act, as amended by the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, (for short 'the amending Act of 2002') are applicable to the complaints

Johnson M. Joseph Alias Shajoo Vs. Smt. Aneeta Jhonson

Court : Madhya Pradesh

Subject : Family

Acts : Divorce Act, 1869 - Sections 10(1); ;Divorce (Amendment) Act, 2001; Indian Penal Code (IPC) - Sections 498A

Reported in : AIR2003MP271; 2003(2)MPLJ48

above decisions on the meaning of words 'cruelty and desertion'. During pendency of this appeal the Indian Divorce (Amendment) Act, 2001 has come into force from 3-10-2001. Section 10(1)(x) provides cruelty as a ground for dissolution of marriage. … In Savitri Pandey v. Prem ChandraPandey (2002) 2 SCC 73 : (AIR 2002 SC 591)the Supreme Court observed that treating thepetitioner with cruelty is a … dated 19-6-2001 in Criminal Appeal No. 35 of 2001. The Court of Session found on appreciation of the evidence in the criminal case that the case of the, defendant, that the plaintiff and his parents were demanding

United India Insurance Co. Ltd. Vs. Ajay Sinha and anr.

Court : Supreme Court of India

Subject : Civil

Acts : Legal Services Authorities Act, 1987 - Sections 22, 22(5), 22A, 22B, 22B(1), 22D, 22C, 22C(1), 22C(2), 22C(8) and 22E; Evidence Act, 1872; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 89; Legal Services Authorities (Amendment) Act, 2002; Arbitration and Conciliation Act, 1996 - Sections 34, 67 and 73; UNICTRAL Conciliation Rules; Constitution of India - Article 39A; Indian Penal Code (IPC) - Sections 461 and 479

Reported in : AIR2008SC2398; 2008(5)ALD1(SC); 2008(2)ARBLR425(SC); JT2008(6)SC517; 2008MhLJ329; (2008)6MLJ832(SC); 2008(8)SCALE509; (2008)7SCC454; [2008] 8 SCR 509

dispute on merit is not bound by the provisions of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 but guided by the principles of natural justice, objectivity, fair play, equity and other principles of … securing justice to the downtrodden class of the society. The Statement of Objects and Reasons for enacting the Amendment Act is as under:The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free … company; the period covered thereunder being 29th August, 2001 to 31st August, 2002. Allegedly, a burglary took place in his godown in the night of … Authorities to provide for free and competent legal service to the weaker sections of the society, to ensure that opportunities for securing justice are not … constituted by the Government of India Order dated 27th October, 1972 to consider the question of making

Jayakumar R. vs State Bank of India

Court : Kerala

lien on any goods, money or security given by or under the Indian Contract Act, 1872 (9 of 1872) or the Sale of Goods Act, … Advocate Commission, the Tribunal denied the petitioner to bring on record credible evidence regarding agricultural nature of the secured asset.:5:6. Relying on Order XXVI Rule … No proceedings can be initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against an agricultural property. By Exts.P3 and P4, the Village Officer and the Agricultural Officer have certifiedthat the … Act, 1872 (9 of 1872);(c) creation of any security in any aircraft as defined in clause (1) of section 2 of the Aircraft Act, 1934 (24 of 1934);(d) creation of security interest in any vessel as defined in … dated 17.07.2023. The petitioner challenged Ext.P8 sale notice amending the SA. The Tribunal considered Ext.P6 commission application

indraprastha Holdings Ltd. Vs. Vijay J. Shah and anr.

Court : Mumbai

Subject : Criminal

Acts : Negotiable Instruments Act, 1881 - Sections 138 to 142, 145, 145(2) and 342A; Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002 - 143 to 147; Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; Companies Act - Sections 282; Indian Penal Code (IPC) - Sections 306, 465 and 477A; Code of Criminal Procedure (CrPC) (Amendment) Act, 1955; Evidence Act, 1872 - Sections 113A; Code of Criminal Procedure (CrPC) , 1973 - Sections 262 to 265

Reported in : 2006CriLJ574; 2006(1)MhLj101

One of the questions before the Apex Court in the said decision was whether Section 113(A) of the Indian Evidence Act, 1872 which was brought on statute book by Act 46 of 1983 can apply to a prosecution … referred to as the said Act of 1881) as amended by the Negotiable Instruments (Amendment And Miscellaneous Provisions) Act, 2002, (hereinafter referred to as the Amending Act) are applicable to the complaints under Section 138 of the said … thus :The Negotiable Instruments Act, 1881 was amended by the Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 wherein a new Chapter XVII was incorporated for penalties in case of dishonour of cheques due to … A.S. Oka, J. 1. On the 25th July, 2005 this Revision Application was taken up for final hearing and

K.R. Palanisamy and ors. Vs. Union of India (Uoi) and ors.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10, 44BBB, 44AC, 44AD, 45, 48, 50(2), 50C, 50C(2), 50C(3), 52(2), 53, 54, 54B, 54E, 54EA, 54EB, 54F, 54G, 54H and 206C; Finance Act, 2002; Stamp Act, 1899 - Sections 47A, 47A(1), 47A(5), 47A(10) and 75; Wealth Tax Act, 1957 - Sections 2, 16A(1), 16A(2), 16A(3), 16A(4), 16A(5), 16A(6), 23A, 23A(1), 23A(6), 23A(7), 24(5), 34AA, 35 and 37; Registration Act, 1908; Stamp (Tamil Nadu Amendment) Act, 1967; Rajasthan Sales-tax Act - Sections 4A; Constitution of India - Articles 14, 246 and 265; Tamil Nadu Stamp (Prevention of Undervaluation of Instruments) Rules, 1968 - Rules 4 and 5

Reported in : (2008)219CTR(Mad)323; [2008]306ITR61(Mad); [2009]180TAXMAN253(Mad)

sub-section shall apply to any instrument registered before the date of commencement of the Indian Stamp (Tamil Nadu Amendment) Act, 1967.(4) Every person liable to pay the difference in the amount of duty under Sub-section (2) or Sub-section … such lands/buildings.11. It is also further contended that Section 50C creates 'conclusive evidence' that any difference between guideline value and sale consideration is deemed consideration. … In all these cases, the constitutional validity of Section 50C of the IT Act, 1961 introduced by Finance Act, 2002 with effect from the asst. yr. 2003-04 is questioned.2. The grounds of attack and argument made for and

Maharashtra State Electricity Board Vs. Datar Switchgear Ltd.

Court : Mumbai

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 9, 17, 19, 31, 32, 32(2) and 36; Code of Civil Procedure (CPC) , 1908 - Order 39, Rule 11; Sick Industrial Companies (Special Provisions) Act, 1985 - Sections 15, 16, 17 and 22

Reported in : 2003(2)BomCR81

Arbitral Tribunal shall not be bound by the Code of Civil Procedure, 1908 (5 of 1908) or the Indian Evidence Act, 1872 (1 of 1872). (2) Subject to this part, the parties are free to agree on the … a judgment and order of a learned Single Judge dated 18th February, 2002. The learned Single Judge came to the conclusion that the order which … : (iv) Using the analogy of Order 39, Rule 11 of the Code of Civil Procedure, 1908 as amended in its application to the State of Maharashtra, the Arbitral Tribunal under section 17 must be held to