Court : Supreme Court of India
..... or authorization: provided that, and subject to the other provisions of this act and the rules made thereunder, the prohibition against the cultivation of the cannabis plant for the production of ganja or the production, possession, use, consumption, purchase, sale, transport, warehousing, import inter- state and ..... export inter-state, import into india, export from india or tranship any narcotic drug or psychotropic substance, except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorization also in accordance with the terms and conditions of such licence, permit ..... before we examine the correctness of various submissions, we deem it appropriate to analyze and find out the true scope and ambit of ..... high court of bombay following two earlier decisions, (one of the delhi high court and another of the high court of punjab & haryana), in its judgment, which is impugned in special leave petition no.5714 of 2006, held thus: 38. ..... of the fact that most of these matters are old matters [pertaining to years 2006 to 2013]. ..... ) no.5714 of 2006) criminal appeal no.1710 of2014(arising out ..... ) no.2694 of 2006) criminal appeal no.1713 of2014(arising out ..... 2006. .....
Tag this Judgment!Court : Supreme Court of India
..... state. kerala legislature has imposed precautionary measures by placing pro tem restrictions on the storage level of the dams mentioned in the second schedule read with section 62a(2) of the 2006 (amendment) act and the said restrictions are based on the legislative wisdom of the kerala legislature that these dams are endangered on account of their age, degeneration, degradation, structural ..... new agreements in this behalf are made, all agreements and administrative arrangements as to matters of common concern now existing between the crown and any indian state shall, in so far as may be appropriate, continue as between the dominion of india or as the case may be, the part thereof and the state. ..... learned senior counsel for kerala, is that the legislature of every state has not just the power but the obligation to take appropriate legislative measures to ensure the safety and security of its ..... nadu. (iii) the committee shall be free to take appropriate steps and issue necessary directions to the two states - tamil nadu and kerala or any of them if so required for the safety of the mullaperiyar dam ..... be enacted either by the ordinance making power of a governor or the legislature of a state in respect of the topics covered by the entries in the appropriate list in the seventh schedule to the constitution. ..... the covenant under consideration, mukherjea, j.went on to state as follows: the remarks quoted above do not, however, seem quite appropriate to a case of the present description. .....
Tag this Judgment!Court : US Supreme Court
..... under that commonsense approach, we can appropriately recognize certain driving behaviors as sound indicia of drunk driving. ..... but under appropriate circumstances, an anonymous tip can demonstrate sufficient indicia of reliability to provide reasonable suspicion to make [an] investigatory stop. id. ..... , at 329, but may do so under appropriate circumstances, id. ..... when does a victim complain to the police about an arguably criminal act (running the victim off the road) without giving his identity, so that he can accuse and testify when the culprit is caught? ..... lorenzo might have been distracted by his use of a hands-free cell phone, see strayer, drews, & crouch, a comparison of the cell phone driver and the drunk driver, 48 human factors 381, 388 (2006), or distracted by an intense sports argument with jos , see d. ..... , at 5, 8.as a result, we cannot say that the officer acted unreasonably under these circumstances in stopping a driverwhose alleged conduct was a significant indicator of drunk driving. ..... i subscribe to the more traditional view that the dangers of intoxi-cated driving are the intoxicant s impairing effects on the body effects that no mere act of the will can resist. ..... 3d 810, 811 (2006) ( weaving all over the roadway ); state v. ..... 3d 810, 812, (2006). ..... [ 2 ] reasonable suspicion depends on the factual and practical considerations of everyday life on which reason-able and prudent men, not legal technicians, act. id. .....
Tag this Judgment!Court : Supreme Court of India
..... of mandamus is sought to implement the decision of 12th iiac meeting dated 27.8.2003 and terms of moa dated 3.11.2005 against the state government by making appropriate recommendation to the central government for allotment of the remaining portion in thakurani rf block a, district keonjhar i.e. ..... we, accordingly, direct the state of orissa to take appropriate steps to act in terms of the mou dated 15.5.2002, as also its earlier commitments to recommend the case of the appellants to the central government for grant of adequate iron ore reserves to meet the requirements of the ..... respondents do not purge in the manner mentioned above, it would be open to the petitioners to point out the same to this court by moving appropriate application and in that event the contemners shall be proceeded against.28. ..... the following directions: accordingly, we allow the appeal and set aside the judgment and order of the high court of orissa and also the decision of the state government dated 9.2.2006, rejecting the appellant's claim for grant of mining lease. ..... government of orissa made a recommendation to the central government on 9.2.2006 to grant mining lease in favour of one m/s neepaz metallics (p) ..... it resulted into show cause notice dated 18.1..2006 by the state government which led to the decision that mining lease over the thakurani area could not be allowed on various grounds and the application made by ..... on 28.2.2006, bhushan limited ..... limited filed the writ petition in the high court on 8.5.2006. .....
Tag this Judgment!Court : UK Supreme Court
..... commissioners v rbs deutschland holdings gmbh (case c-277/09) [2011] stc 345, para 53, that "taxable persons are generally free to choose the organisational structures and the form of transactions which they consider to be most appropriate for their economic activities and for the purposes of limiting their tax burdens", albeit that this is subject to an exception for "abusive transactions" as discussed in halifax plc v customs and excise commissioners (case c-255 ..... entitled to find (as a matter of law and fact) that [med] was supplying accommodation services as principal, in which case it was required to account for vat in the united kingdom, or whether it should have found that [med] was acting as agent for a disclosed principal, in which case the supplies of accommodation services fell to be treated as made in the jurisdiction in which the hotel was situated and so do not give rise to any liability to vat in the united ..... 1851, para 33, the cjeu said that "involvement in his own name means that a legal relationship is brought about not directly between the better and the undertaking on behalf of which the operator involved acts, but between that operator and the better, on the one hand, and between that operator and that undertaking, on the other". 27. ..... the majority of the relevant period, the primary source of law on vat was contained in directive 77/388/eec ("the sixth directive"), but on 1 january 2007 it was replaced by directive 2006/112/ec ("the principal vat directive"). .....
Tag this Judgment!Court : Singapore Supreme Court
..... has its roots in lord tomlinson's famous dictum in the commissioners of inland revenue v the duke of westminster [1936] ac 1 at 19 that "[e]very man is entitled if he can to order his affairs so as that the tax attaching under the appropriate acts is less than it otherwise would be". ..... well as the interest payments it made to n bank singapore:5 (a) for ya 2004, dividend income of $12,329,315 less interest expenses of $7,419,452; (b) for ya 2005, dividend income of $30,952,630 less interest expenses of $19,852,015; (c) for ya 2006, dividend income of $19,970,000 less interest expenses of $19,912,500; and (d) for ya 2007, dividend income of $19,922,000 less interest expenses of $19,912,500. 17. ..... the comptroller purported to exercise his powers under s 74(1) of the act by issuing the additional assessments for the three years from ya 2004 to 2006 to claw back the tax refunds previously paid to aqq and the question that remains is whether he was entitled to do ..... comptroller issued notices of additional assessments dated 7 april 2008 to aqq for ya 2004 to 2006 ("the additional assessments"), which assessed aqq to an overall tax liability of $9,592,577.76.7. ..... our judgment the additional assessments for ya 2004, ya 2005 and ya 2006 were ultra vires and we affirm the judge's order setting these aside. ..... the comptroller issued notices of assessment for ya 2004, 2005 and 2006 ("the original assessments") respectively which took into account the dividend income and interest expenses above (see .....
Tag this Judgment!Court : Singapore Supreme Court
..... submissions, counsel for the plaintiff raised a new argument that the 4th payment claim was served by way of email and that this was not one of the modes of service described in s 37(1) of the act, which states as follows: where this act authorises or requires a document to be served on a person, whether the expression "serve", "lodge", "provide" or "submit" or any other expression is used, the document may be served on the person (a) by delivering it to the person personally; (b) by leaving ..... as parties raised issues that have yet to be addressed in judicial precedent relating to the appropriate mode of service of the order of court granting leave to enforce the adjudication determination, whether or not there existed a contract in writing within the meaning of s 4 of the act, and whether or not there was valid service of a payment claim that was addressed to two parties in the alternative and communicated by way of email, i reserved judgment to give careful consideration to the matter. ..... under o 95 r 2(4) of the rules of court (cap 322, r 5, 2006 rev ed): within 14 days after being served with the order granting leave, the debtor may apply to set aside the adjudication determination and the adjudication determination shall not be enforced until after the ..... this is an application for the setting aside of an adjudication determination pursuant to s 27(5) of the building and construction industry security of payment act (cap 30b, 2006 rev ed) ("the act"). .....
Tag this Judgment!Court : Supreme Court of India
..... mentioned in the letter that the respondent reserved its right to take appropriate steps against the appellant as per the agreement entered into between the ..... (iii) the principle stated in praveen enterprises s case is not applicable to the present case because the correspondences made by the respondent, including the letter dated 17.4.2006, show that there had neither been any enumeration of specific claims nor invocation of the arbitration clause but merely computation of certain claims, though for application of the exception ..... the jurisdiction of the court while dealing with an application under section 34 of the act, the concept of limitation as has been explained in praveen enterprises (supra), the demand made by the appellant therein by letter dated 17.4.2006 quantifying a sum of rs.68.63 crores, exclusion of period between 3.5.2006 to 19.11.2010 during which period the application under section 11 of the act was pending before the high court and on that foundation, in the ultimate eventuate, ..... by serving a notice to the claimant but subsequently raises that claim as a counterclaim in the arbitration proceedings initiated by the claimant, instead of filing a separate application under section 11 of the act, the limitation for such counterclaim should be computed, as on the date of service of notice of such claim on the claimant and not on the date of filing of the counterclaim. ..... in the true sense of the term, invoked arbitration by appropriately putting forth specified claims. .....
Tag this Judgment!Court : Supreme Court of India
..... cognizance of the offence (1) the police shall take cognizance of the offence punishable under the act on a complaint in writing made to the police by the appropriate government or the appropriate commission or any of their officers authorized by them in this regard or a chief electrical inspector or an electrical inspector or an authorized officer of licensee or a generating company, as the case may be.2) the police shall investigate the complaint in accordance with the ..... as per the board, the appellants were found committing theft of the electricity which was revealed on 23.3.2006 when the electricity meter of the appellant was inspected by the inspection team of the board. ..... state of jharkhand (2010) crilj271interestingly, though calcutta high court has taken different view in the two judgments cited above, which are of the years 2006 and 2007, different view has been taken in the case anjan de vs. ..... on the aforesaid allegations with request to the sho to register a fir against the appellants on the basis of a complaint dated 30.3.2006, the fir was registered by the sho on 31.3.2006 being fir no.227 of 2006 under section 135/126 of the act. ..... the contention of the appellants was found convincing by the special judge who passed orders dated 26.9.2006 thereupon holding that since the complaint had not been made by the officers named in rule 9 of the chhattisgarh state electricity rules, 2006, cognizance thereof could not be taken. .....
Tag this Judgment!Court : Supreme Court of India
..... the above rules regarding presentation of mercy petitions and disposal thereof, necessary instructions have been issued for preparation of note to be approved by the home minister and for passing appropriate orders by the president of india.95) extracts from prison manuals of various states applicable for the disposal of mercy petitions have been placed before us. ..... but, the fallibility of human judgment being undeniable even in the most trained mind, a mind resourced by a harvest of experience, it has been considered appropriate that in the matter of life and personal liberty, the protection should be extended by entrusting power further to some high authority to scrutinise the validity of the threatened denial of life or ..... seven months he has been languishing in solitary confinement under constant fear of death.143) on 29.09.2006, the petitioner wrote to the chief minister of karnataka referring to his earlier mercy petition dated 25.10.2003 highlighting the same grievance.144) the information received under rti act shows that mercy petitions submitted after the petition of the petitioner were given priority and decided earlier ..... right to move this court can, therefore, be appropriately described as the corner-stone of the democratic edifice raised ..... ram jethmalani, it is open to the legislature in its wisdom to decide by enacting an appropriate law that a certain fixed period of imprisonment in addition to the sentence of death can be imposed in some well defined cases but the .....
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