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K. Surendran vs State of Kerala

Court : Kerala

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 … ASWINA, 1945 CRL.MC NO. 2499 OF 2020 AGAINST THE ORDER/JUDGMENT IN CC 594/2018 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I,KOZHIKODE PETITIONER/1ST ACCUSED: K. SURENDRAN AGED 49

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

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 … Bench has been constituted to consider questions of seminal importance relating to 5 contours and extent of special provisions for the advancement of socially and … Court by the impugned judgment upheld Act, 2018, except to the extent of quantum of reservation provided under Section 4(1)(a), 4(1)(b) over and above 12% and 13% respectively as recommended by Maharashtra State Backward Class Commission. The

K.Abraham Mathen vs State of Kerala

Court : Kerala

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. … petitioner is the accused No.3 inC.C.No.31/2006. The offence alleged against 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

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Subject : Arbitration

Acts : Arbitration and Conciliation Act, 1996 - Sections 1, 2 to 6, 7, 8, 9, 10, 11, 11(1), 11(2), 11(3), 11(4), 11(5), 11(6), 11(7), 11(8), 11(9), 11(10), 12, 12(3), 13, 14, 15, 16, 16(1), 17, 18 to 27, 28 to 33, 34 to 37, 37(2), 44 to 60, 61 to 81 and 82 to 86; Arbitration Act, 1859; Arbitration Act, 1940 - Sections 2 to 43 and 85; Code of Civil Procedure (CPC) , 1908; Limitation Act, 1963 - Sections 43; United Provinces (Temporary) Control of Rent and Eviction Act, 1947; Kerala Buildings (Lease and Rent Control) Act, 1965 - Sections 18; Constitution of India - Articles 32, 136, 226 and 227; Code of Civil Procedure (CPC) , 1859; Arbitration Act, 1899; Industrial Disputes Act, 1947 - Sections 10 and 10(1); Foreign Awards (Recognition and Enforcement) Act, 1961 - Sections 3, 7 and 35; Foreign

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

or Chief Justice of India, under Section 11(6) is administrative power or judicial power - Decision of Konkan Railways binding or not - Held, power exercised by Chief Justice of High Court or Chief Justice of India, … governed by the Indian Arbitration Act, 1859 with limited application and the Second Schedule to the Code of Civil Procedure, 1908. Then came the Arbitration … view that Clause 7 of the scheme as stood prior to the amendment, could neither be held bad in law nor inconsistent with Section 11 … who has proceeded with an arbitration, without stating his objections referred to in the section, without undue delay. Section 5 indicates the extent of judicial intervention. It says that notwithstanding anything contained in any other law for the

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

Court : Uttaranchal

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 … in law.10. This Court, while disposing of Writ Petition (M/S) No. 3 53 of 2008, distinguished 'cable services' from 'Direct-to-Home services' by holding, that the

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

Court : Supreme Court of India

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, … with effect from 1.4.1998. On 7.10.1998, Union of India issued Notification No. 57/98 inter alia exempting taxable services other than accounting and auditing. On 16.10.1998,

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

Court : Supreme Court of India

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 … (C) Nos. 23186-23213 of 2019 & Ors. Page 5 of 72 covers the entire Union Territory of … 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 … 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

Siraj Vs. High Court of Kerala

Court : Kerala

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 … 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 … be an oral examination carrying a maximum of 50 marks for deciding the candidate's general knowledge, grasp

Ram Shankar Shukla and Others Vs. Union of India Through Secretary, Mi ...

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

Subject : Right to Information

RBSSS only in the year 1994. In terms of Rule 11(4) of the Railway Board Secretariat Stenographers Service (Second Amendment) Rules, 1977, the procedure for preparing and revising the select list for Grade ‘A or Grade ‘B of … to Grade-I if he is otherwise eligible for such promotion provided the Central Government in the Ministry of Railways, for the reasons to be recorded in writing, are satisfied that such a person was not appointed to … Therefore, no merger of Grades ‘A and ‘B of the RBSSS have actually taken place. Moreover, the RBSSS Rules, 1971 themselves continue to show PSs … practice, the names of PSs should be included in the years 2002-03, 2003-04 and 2004-05. The above said note was approved by the Member (Staff), … filled by promotion of permanent officers of the Section Officers Grade who have rendered not less than … made in terms of para 3 of the 5th Schedule to RBSSS Rules, 1971. They have thus

Union of India Vs. Shri Harananda

Court : Supreme Court of India

Subject : Land Acquisition

Services Examination conducted by the UPSC along with 15 other Group “A” Central Services, including three Group “A” Railways Services, i.e. Indian Railway Traffic Service, Indian Railway Accounts Service and Indian Railway Personnel Service. According to the … the administrative control of the Railway Board. It is submitted that the Second Schedule of the Allocation of Business Rules itself stipulates under Item 42(a) … Rule, RPF Rules and by bringing in amendment in the Principle Act, 1957, by Section 19 of the Amendment Act, 1985, deputation was debarred by giving only two options to the existing officers on deputation either repatriation in … by the High Court considering the fact that as far back in 2003, vide O.M. dated 20.11.2003, ‘in principle’ decision was taken by the DoPT … the offer of appointment as well as the 5 Railway Protection Force Act, 1957 (for short ‘the