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Oct 03 2023

K. Surendran vs State of Kerala

Court : Kerala

Decided on : Oct-03-2023

sheeted against the petitioner and others alleging offences punishable under Sections 147, 145(b), 146 and 174 of the Railways (Second Amendment) Act, 2003.3. The prosecution case is that on 26.02.2013 atabout 16.00 hours, accused persons barged into the railway station … FOLLOWING: P.V.KUNHIKRISHNAN --------------------- --------------------------- Dated this the 3rd day of October, 2023ORDERThis Criminal Miscellaneous Case is filed under Section 482 of the Code of Criminal Procedure, 1973 (“the Code” for the sake of brevity).2. The petitioner is … HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 3RD DAY OF OCTOBER 2023 / 11TH ASWINA, 1945 CRL.MC NO. 2499 OF 2020 AGAINST THE ORDER/JUDGMENT IN CC

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Aug 02 2023

K.Abraham Mathen vs State of Kerala

Court : Kerala

Decided on : Aug-02-2023

him and the remaining accused are punishable under Sections 142(b) and 143(1)(a) and (b) and 143(2) of the Railways (Second Amendment) Act, 2003 (for short, 'the Railways Act').3. The revision petitioner was working as a Reservation-cum-Enquiry Clerk at Kottayam Railway Station. … the said act to abet the alleged unauthorised business run by the accused Nos. 1 and 2.9. Sub Section (1) of Section 143 of the Railways Act doesnot apply to a Railway servant. The revision petitioner is roped

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Jul 08 2004

S. Ismail Jabiulla S/O. S. Ahmed Saheb Vs. the General Manager, South ...

Court : Andhra Pradesh

Decided on : Jul-08-2004

Subject : Civil

Acts : Railways Act - Sections 123 and 124A; Benami Transactions (Prohibition) Act, 1988; Motor Vehicles Act, 1939 - Sections 92A; Railway Claims Tribunal Act, 1987 - Sections 1A

Reported in : 2006ACJ610; 2004(5)ALT143

the appellant. Its main contention was that, as on the date of the accident, the provisions of the Railways Act (hereinafter referred to as 'the Act') did not provide for payment of any compensation for accidental fall.3. … dated 15-09-2003 passed by the Railway Claims Tribunal, Secunderabad, in O.A.A. No. 70 of 1994. This is the second round of adjudication in the matter.2. The appellant filed a claim petition before the Tribunal alleging that he … took up the matter for adjudication in the first round itself, the amendment was very much in force, and the mater ought to have been … for compensation for accidental slips as on the date of the accident, Section 123(c) of the Railways Act was amended with effect from 1-8-1994, providing

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Jul 08 2004

S. Ismaill Jabiulla Vs. General Manager, South Central Railway

Court : Andhra Pradesh

Decided on : Jul-08-2004

Subject : Civil

Acts : Railways (Amendment) Act, 1994 - Sections 123 and 124A; Railways Claims Tribunal Act, 1987 - Sections 1A

Reported in : I(2005)ACC394; 2004(4)ALD450

the appellant. Its main contention was that, as on the date of the accident, the provisions of the Railways Act (hereinafter referred to as 'the Act') did not provide for payment of any compensation for accidental fall.3. … dated 15-9-2003 passed by the Railway Claims Tribunal, Secunderabad, in OAA No. 70 of 1994. This is the second round of adjudication in the matter.2. The appellant filed a claim petition before the Tribunal alleging that he … took up the matter for adjudication in the first round itself, the amendment was very much in force, and the matter ought to have been … for compensation for accidental slips as on the date of the accident, Section 123(c) of the Railways Act was amended with effect from 1-8-1994, providing

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May 05 2021

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Decided on : May-05-2021

Subject : Land Acquisition

Chief Justice for the suitable orders. Referring order although mention that the interpretation of Constitution (One Hundred and Second Amendment) Act, 2018 is substantial question of law as to the interpretation of the Constitution but the reference was not … belonging to the Reserved Category. (2) The seats reserved for candidates belonging to the Reserved Category under sub- section (1) shall be filled in by admitting candidates belonging to the Scheduled Castes, Scheduled Tribes, De-notified Tribes (Vimukta Jatis),

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Mar 29 2005

Southern Railways, Rep. by Its Chief Engineer (Construction) Vs. S. Pa ...

Court : Chennai

Decided on : Mar-29-2005

Subject : PropertyCivil

Acts : Constitution of India - Article 226

Reported in : 2005(2)CTC721; (2005)2MLJ475

proceedings on 05.07.1999 and the same was handed over to the Requisition Body viz., the 2nd respondent - Railways immediately. By virtue of the said acquisition proceedings, many of the petitioners became homeless and found it difficult … and the same was handed over to the Requisition Body viz., the 2nd respondent - Railways immediately. By virtue of the said acquisition proceedings, many … erstwhile land-owners. 10. Section 48-B of the Land Acquisition Act was inserted by the Land Acquisition (Tamil Nadu Amendment) Act, 1996 which reads as follows:- 'Section 48-B:- 'Transfer of land to original owner in certain cases, -- Where … Markandey Katju, C.J.1. Since, we have decided W.P.Nos.37373 and 37376 of 2003 today, the above Writ Appeals arising out of the common interlocutory order

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Jul 26 2010

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Decided on : Jul-26-2010

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

4 of that Act. Thereafter, under Section 4-A of that Act, inserted by the West Bengal Taxation Laws (Second Amendment) Act, 1983 the area of its application was extended to levy and collection of tax from the holders of … cost accountants and architects. We further hold that the above position now stands fortified by the Constitution (Eighty-eighth Amendment) Act, 2003 which has inserted Article 268A and Entry 92C which clearly indicates that Entry 60 of List II and … notification issued by the Department of Telecommunications, referred to above, guidelines dated 15.03.2001 were issued laying down the procedure for obtaining licences for providing 'Direct-to-Home'

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Aug 21 2007

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Decided on : Aug-21-2007

Subject : Service TaxConstitution

Acts : Finance Act, 1994 - Sections 65, 65(16), 66, 67, 68, 71, 72, 73 and 83; Finance (No. 2) Act, 1998; Constitution (Eighty-eighth Amendment) Act, 2003; Central Excise Act, 1944 - Sections 2, 3, 9C, 9D and 11B; Income Tax Act, 1961; Medicinal Act, 1955; Kerala Abkari Act; Cantonments Act, 1924 - Sections 60; Government of India Act, 1935 - Sections 100 and 142A; Uttar Pradesh Tax on Luxuries Act, 1995; Andhra Pradesh Tax on Luxuries Act, 1987; West Bengal Luxury Tax Act, 1994; Haryana Passengers and Goods Taxation Act, 1952 - Sections 3(3); Constitution of India - Articles 19(1), 245, 246, 246(1), 246(3), 248, 265, 268A, 269, 276, 276(1), 276(2), 276(3) and 366(29A)

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

of legislation finds place in the first group, a tax in relation thereto is separately mentioned in the second group. For example, Entry 22 in List I refers to 'Railways' whereas Entry 89 refers to 'Terminal taxes … the Government introduced a new Article 268A in the Constitution in the year 2003 by Constitution (Eighty- eighth Amendment) Act, 2003, which provides that taxes on services shall be charged by Union of India and shall be appropriated by … was introduced in Parliament. Clause 119 of the Notes sought to substitute Sections 65, 66 and 68 and amend Section 67 of the Finance Act, … judgment of the Bombay High Court dated 22.2.2001 in Writ Petition No. 142/99 upholding the legislative competence of Parliament to levy service tax vide Finance

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Jan 22 2019

New Delhi Municipal Council Vs. Association of Concerned Citizens of N ...

Court : Supreme Court of India

Decided on : Jan-22-2019

Subject : Land Acquisition

recommendation of the V.K. Malhotra Committee. After receiving the final report from Dharmarajan Committee, the Delhi Municipal Corporation (Amendment) Act, 2003 was passed. Further, in exercise of the powers conferred by the Delhi Municipal Corporation (Amendment) Act, the Delhi … when this Delhi Municipal Committee was upgraded to the level of a second class municipality to be governed under the Punjab Municipal Act, 1911 (hereinafter … Government of India in exercise of powers conferred by sub-section (1) of Section 391 of the New Delhi Municipal Act, 1944 (hereinafter referred to as … India, (b) properties of Diplomatic Missions and Foreign Embassies, (c) properties of State Governments and (d) properties of Railways.8) The above four types of properties are outside the purview of property tax assessment. This is because Articles

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Aug 06 2004

Siraj Vs. High Court of Kerala

Court : Kerala

Decided on : Aug-06-2004

Subject : Service

Acts : Kerala State and Subordinate Service Rules, 1958 - Rules 7, 7(2), 14 to 17; Public Service Commission Procedure Rules - Rules 4 and 12; Constitution of India - Articles 15(4), 16(4) and 335

Reported in : 2004(3)KLT1

Hence, the 1st respondent-High Court has no authority to fix a cut off marks in the examination.9. The second point to be considered is that 1st respondent has not prepared Ext.P2 select list as per the provisions … of a State.'15. Amendments brought into Articles 15, 16 and 335 of the Constitution by the Constitution (First Amendment) Act, 1951, the Constitution (Eighty-first Amendment) Act, 2000, the Constitution (Eighty-fifth Amendment) Act, 2001, the Constitution (Seventy-nineth Amendment) Act, … in State of Punjab and Ors. v. Manjit Singh and Ors. (AIR 2003 SC 4580), can be taken as a guidance in which the Apex … K. Thankappan, J. 1. Questions involve in both the Original Petitions are … this principle of equality or opportunity. Another view mostly shared by a section of the House is that, if this principle is to be operative

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