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Assistant Commissioner, Anti Evasion Commercial Taxes, Bharatpur Vs. A ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Rajasthan Sales Tax Act, 1994 - Sections 38(5), 78(2), 78(5) and 86; Karnataka Sales Tax Act; General Clauses Act, 1897 - Sections 3(22); Limitation Act, 1963 - Sections 2 and 14; Indian Penal Code (IPC), 1860 - Sections 52

Reported in : JT2007(4)SC297; 2007(3)SCALE420; 2007[6]STR164; 2007AIRSCW2987

absence of it is a finding of fact. [See Deena v. Bharat Singh : [2002]SUPP1SCR289 ]Section 52 of the Indian Penal Code, 1860 (in short 'IPC') emphasizes due care and attention in relation to 'good faith'.10. In this case though the … Bharatpur who passed the assessment order dated 14.9.2001.3. Background facts in a nutshell are as follows:Penalty under Section 78(5) of the Rajasthan Sales Tax Act, 1994 (hereinafter referred to as the 'Act') was imposed on the respondent

Anja Match Industries Rep. by Its Proprietor Mr. A. Ramamoorthi and An ...

Court : Chennai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 -- Sections 12, 36, 155(2), 156(3), 419, 420 and 482; Indian Penal Code (IPC), 1860 -- Sections 415, 419 and 420 Illustration (b); Trade and Merchandise Marks Act, 1958 -- Sections 78 and 79

Reported in : 1999CriLJ181; 1998(2)CTC651

- quashing of F.I.R. - Section 482 of Criminal Procedure Code, 1973, Sections 415, 419 and 420 of Indian Penal Code, 1860 and Sections 78 and 79 of Trade and Merchandise Marks Act, 1958 - petition seeking quashing F.I.R. for

Thirumali Kumar Vs. State

Court : Kerala

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 44, 70, 72, 73, 74, 77, 78, 78(1), 79, 82, 82(1), 82(4), 83, 87, 174A, 190 and 439; ;Indian Penal Code (IPC), 1860 - Sections 34, 302, 304, 364, 367, 380, 382, 392, 393, 394, 395, 396, 397, 398, 399, 400, 402, 436, 449, 454, 460, 461; ;Code of Criminal Procedure (CrPC) (Amendment), 2005; ;Indian Penal Code (Amendment) Act, 2005; ;Code of Criminal Procedure (CrPC) , 1898 - Section 83(1)

Reported in : 2010(1)KLT579

436, 449, 459 or 460 of the Indian Penal Code (45 of 1860), and such person fails to appear at the specified place and time … accused) in C.C. No. 2168 of 2004 are under Sections 454 and 380 read with Section 34 of the Indian Penal Code. The allegation is that the accused persons committed theft of gold ornaments from the house of the de … to a police officer within its jurisdiction, forward it by post or otherwise to the authorities mentioned in Section 78 of the Code of Criminal Procedure. Section 79 provides the procedure for execution of the warrant directed to

Vijay @ Rinku vs.state

Court : Delhi

Subject : Criminal

in Sessions Case No.114/2010 arising out of FIR No.532/2007, registered at PS Mukherjee Nagar under Sections 364/392/302/201/411/120B/202/216 of the Indian Penal Code, 1860 (hereinafter Crl.A.1341/2012 Page 1 of 89 referred to as “IPC”) whereby the appellant was convicted for the offence … District Courts, Rohini in Sessions Case No.114/2010 arising out of FIR No.532/2007, registered at PS Mukherjee Nagar under Sections 364/392/302/201/411/120B/202/216 of the Indian Penal Code, 1860 (hereinafter Crl.A.1341/2012 Page 1 of 89 referred to as “IPC”) whereby … said phone was Shailender Shah or not. Crl.A.1341/2012 Page 63 of 89 78. Vishal Gaurav officer from Bharti Airtel Limited, examined as PW-21 testified through

D.P. Metals Vs. State of Rajasthan

Court : Rajasthan

Subject : Sales Tax

Acts : Rajasthan Sales Tax Act, 1994 - Sections 68, 78, 78(2) and 78(5); Rajasthan Sales Tax Rules, 1995 - Rule 53; Constitution of India - Articles 14 and 19(1)

Reported in : [2001]121STC311(Raj); 2001(4)WLC115; 2000(3)WLN445

be deemed to be a judicial proceeding within the meaning of Sections 193, 196 and 228 of the Indian Penal Code (Central Act XLV of 1860).'88. This provision clearly postulates that a person who can depose about particular relevant … decide them by a common order.2. By these writ petitions, the petitioners have challenged the constitutional validity of Section 78(5) of the Rajasthan Sales Tax Act, 1994 (for short 'the Act'), It is relevant to mention here that

Colgate Palmolive (India) Ltd. Vs. Shri Satish Rohra and anr.

Court : Madhya Pradesh

Subject : CriminalIntellectual Property Rights

Acts : Trade and Merchandise Marks Act, 1958 - Sections 2, 78 and 79; Indian Penal Code (IPC), 1860 - Sections 402; Drugs Act, 1940; Prevention of Food Adulteration Act, 1954; Code of Criminal Procedure (CrPC) , 1974 - Sections 200, 202 and 482

Reported in : 2005(4)MPHT337; 2005(4)MPLJ380

the order dated 25-11-1999 passed by the aforesaid Court, taking cognizance of offences punishable under Section 420 of the Indian Penal Code and Sections 78 and 79 of the Trade and Merchandise Marks Act, 1958.2. Complainant Satish Rohra, a resident

M/S Rajni Industries Vs. Bhartiya Dhoop Karyalaya and Others

Court : Delhi

Subject : Intellectual Property Rights

Acts : Code of Civil Procedure (CPC), 1908 - Sections 10, 24 and 107 - Order 39, Rules 1 and 2; Trade & Merchandise Marks Act, 1958 - Sections 2, 15, 16, 17, 27(2), 29, 31, 32, 43, 46, 54(2), 56, 77, 78, 79, 120 and 120(1 and 2); Specific Relief Act, 1960 - Sections 41(A and B); Indian Penal Code (IPC), 1860 - Sections 34 and 420

Reported in : 2001VAD(Delhi)6; 92(2001)DLT556; 2001(3)RAJ263

offences under Sections 77, 78 and 79 of the Trade and Merchandise Act read with Section 420/34 of the Indian Penal Code, 1860, with application under Section 39 of the code and civil suit by the defendants - It was observed

Naresh Kumar Madan Vs. State of Madhya Pradesh

Court : Supreme Court of India

Subject : CriminalElectricity

Acts : Electricity (Supply) Act, 1948 - Sections 5, 5(1), 12, 15, 65, 66, 78, 78A and 81; Prevention of Corruption Act, 1988 - Sections 2, 2(1), 7, 13(1) and 13(2); Companies Act, 1956 - Sections 617; Indian Penal Code (IPC), 1860 - Sections 21; Prevention of Corruptions Act, 1947; Maharashtra Cooperative Societies Act

Reported in : AIR2008SC385; [2007(3)JCR146(SC)]; JT2007(5)SC544; 2007(2)KLT539(SC); RLW2007(3)SC2184; 2007(5)SCALE510; (2007)4SCC766; 2007LawHerald(SC)1492; 2007(3)KCCRSN128(SC); 2007(4)SCC766; (2007)2SCC(Cri)404; (2007)2Crimes260(SC);

Act - No reason to interfere with the decision of High Court - Appeal dismissed;Criminal-Public servant-Definition-Section 21 of Indian Penal Code, 1860-Provisions within the meaning of Section 21 denotes various persons to be public servants held not exhaustive- A person … Section 66 thereof provides for furnishing of guarantee in respect of such loan advanced by the State Government. Section 78 of the 1948 Act empowers the State Government to make rules for the purposes mentioned therein. Section 78A

Raveendran K. and anr. Vs. Excise Inspector Vadakara and anr.

Court : Supreme Court of India

Subject : Criminal

Acts : Abkari Act, 1967 - Sections 29, 32, 57, 57(1), 57(2), 57(3), 57A, 57A(5) and 57B; Trade and Merchandise Marks Act, 1958 - Sections 78 and 79; Cochin Penal Code (IPC) - Sections 248 and 466; Indian Penal Code (IPC), 1860 - Sections 272 and 320; Code of Criminal Procedure (CrPC) , 1973; Evidence Act, 1872

Reported in : JT2008(12)SC384; 2008(4)KLT749(SC); 2008(13)SCALE738

section and Section 57B, the expression 'grievous hurt' shall have the same meaning as in Section 320 of the Indian Penal Code, 1860 (Central Act 45 of 1860).(2) Whoever omits to take reasonable precautions to prevent the mixing of any noxious … foreign liquor when such act shall not amount to the offence of '[applying a false trade mark under Section 78 of the Trade and Merchandise Marks Act, 1958]; or(d) sells or keeps or exposes for sale any country

Power Grid Corporation of India Ltd. Rep. by Its Addl. General Manager ...

Court : Andhra Pradesh

Subject : Civil

Acts : Indian Telegraph Act, 1985 - Sections 9(2), 10, 16, 16(1), 16(3), 16(4), 34, 34(3), 78 and 147; Indian Electricity (Supply) Act, 1948 - Sections 42; Land Acquisition Act, 1894 - Sections 28 and 34; Motor Vehicles Act - Sections 171; Andhra Pradesh Provident Fund Act, 1925 - Sections 7 and 7(3A); Indian Electricity Act, 1910 - Sections 12 to 19 and 42; Court-fees Act, 1870; Presidency Small Causes Courts Act, 1882; General Clauses Act - Sections 3(15); Code of Civil Procedure (CPC) , 1908 - Sections 34; Indian Penal Code (IPC), 1860 - Sections 188; Indian Telegraph Act, 1885

Reported in : 2006(1)ALT392

facilities for their being exercised, he shall be deemed to have committed an offence under Section 188 of the Indian Penal code, 1860 (45 of 1860).(3) If any dispute arises concerning the sufficiency of the compensation to be paid under Section … is no enabling express provision to that effect under the Act. It is stated that the Tribunal under Section 78 exercises powers for summoning witnesses and enforcing attendance etc. in the same manner as provided in the case