Court : Supreme Court of India
..... the corporation. however, at this very stage, we are also equally unhesitant to hold that the resolution to charge enhanced royalty in exercise of purported power under section 4318 of the act was misplaced as royalty is not tax. it has been authoritatively clarified by this court that royalty and tax are not one and same. as such, the ..... where there is an implied term to that effect or that is the true meaning of the contract. denning, j., was dealing with a case of a serving army officer, who wrote to the war office regarding a disability and received a reply that his disability had been accepted as attributable to military service . relying on that ..... of tax/fee/royalty on advertisement(s) since it has been made without any legislative sanction and is, thus, violative of article 4 2653 of the constitution of india, 1950 (hereinafter referred to as the constitution ). the division bench further directed that all amounts recovered by the appellants herein on this count i.e., by way of tax .....
Tag this Judgment!Court : Supreme Court of India
..... receipt of pecuniary benefits against the respondent, he abused his official position as a public servant and indulged himself in mischief or criminal misconduct, as provided in section 13(1)(d) of the pc act. she submitted that criminal appeal no.2891 of 2023 page 4 of 11 at the stage of framing of the charge, the high court could not have ..... the central bureau of investigation (cbi) (bank securities and fraud cell), mumbai, for the offences punishable under sections 420, 468, 471 and 120-b of ipc and section 13(2) read with 13(1)(d) of prevention of corruption act, 1988 (for short, the pc act ). charge sheet was filed for the said offences on 8th august 2014. a total of seven accused persons .....
Tag this Judgment!Court : Karnataka
..... duty nothing is left to discretion; it is a simple, definite duty. presentation of election petition to the high court within the meaning of section 81 of the act without anything more would mean delivery of election petition to the high court through one of its officers competent or authorized to receive the same on ..... by the appellant herein-boyount technology constellation pvt. ltd., it was stated that the petitioner was a partnership firm registered under the partnership act, 1932 and that the petition under section 95 of the code against it was not maintainable. 3.1 it was stated that the petitioner with other entities, all are engaged ..... duly elected in the elections held to the badarpur legislative assembly constituency of assam. the contesting respondent filed an election petition under sections 80/81 of the representation of the people act, to challenge the election of the appellant. the election petition was presented before the stamp reporter-cum-oath commissioner of the high .....
Tag this Judgment!Court : Supreme Court of India
..... range, this is the criterion.40. it is in matters like this that the principles of reasonable accommodation should come into full play. section 2(y) of 28 the rpwd act, defines reasonable accommodation to mean necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ..... 13.05.2019 read with the appendix h-1 guidelines in a manner as to further the objectives of the rpwd act. the reasonable accommodation as defined in section 2(y) of the rpwd act should not be understood narrowly to mean only the provision of assisting devices and other tangible substances which will aid persons ..... right to education for pwd. thus, a right to education is essentially a right to inclusive education. in india, the rpwd act, 2016 provides statutory backing to the principle of inclusive education. section 2(m) defines inclusive education as: 2. (m) inclusive education means a system of education wherein students with and without disability .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1871. 141 section 9, criminal tribes act, 1871. 142 section 10, criminal tribes act, 1871. 143 section 12, criminal tribes act, 1871. 144 sections 13, 14, criminal tribes act, 1871. 145 section 17, criminal tribes act, 1871. 146 section 18(ii), criminal tribes act, 1871. 147 section 18 (viii), criminal tribes act, 1871. 148 section 18 (iv), criminal tribes act, 1871. 149 section 18(v), criminal tribes act, 1871. 150 section 18(v), criminal tribes act, 1871. 151 section ..... could be passed by government or officers authorised by them.290 215 the rajasthan habitual criminals (registration and regulation) act, 1950 defined habitual criminal as a person who being a member of a notified tribe who within the prescribed period, has ..... which operate within an unjust structure. applying the above principles, the court concluded that the process adopted by the army to grant permanent commissions to women officers did not redress the harms of gendered discrimination that were identified by this .....
Tag this Judgment!Court : Supreme Court of India
..... of india. it is, therefore, necessary to consider the categories of services concerning land and buildings, which are within the purview of the cgst act. section 2(102) defines service as meaning anything other than goods, money and securities but includes activities relating to the use of money or its conversion ..... , per se, the particular provision does not become unconstitutional. the court cannot impose its views on the legislature.63. now, we come to the challenge to sub-section (4) of section 16 of the cgst act, which reads thus: 16. eligibility and conditions for taking input tax credit. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (4) a registered ..... plant or machinery , what is the meaning of the word plant ?. and (iii) whether clauses (c) and (d) of section 17(5) and section 16(4) of the cgst act are unconstitutional?. rules regarding the interpretation of taxing statutes25 regarding the interpretation of taxation statutes, the parties have relied on several decisions. .....
Tag this Judgment!Court : Supreme Court of India
..... -b read with 420, 409, 467, 468 and 471 of indian penal code 1860 ( ipc for short) and section 13(1)(d) and 13(2) of the prevention of corruption act 1988 ( pc act for short) have been 3 committed. the cbi filed charge-sheet dated 27th december 2013 in the trial court and prayed that the trial court take ..... tribunal, the accused was being proceeded with for the commission of the offences under sections 120- b/420/467/468/471 ipc along with the bank officers who were being prosecuted under section 13(2) read with 13(1)(d) of the prevention of corruption act. the court refused to quash the charge against the accused by holding that the ..... out against the accused for framing the charge. ashok sadarangani [(2012) 11 scc321 was again a case where the accused persons were charged of having committed the offences under sections 120-b, 465, 467, 468 and 471 ipc and the allegations were that the accused secured the credit facilities by submitting forged property documents as collaterals and utilised .....
Tag this Judgment!Court : Karnataka
..... public interest. wherefore, it is requested of your good office, to kindly grant sanction for the prosecution of sri.siddaramiah, for offences under section 7, section 9, section 11, section 12 and section 15 of the prevention of corruption act, 1988 and section 59, 61, 62, 201, 227, 228, 229, 239, 314, 316(5), 318(1), 318(2), 318(3), 319, ..... practices adopted by shri siddaramaiah, hon ble chief minister of karnataka concerning allotment of alternative sites by mysore urban development authority ( muda ) under various sections of pc, act, 1988 and bnss, 2023 has been perused.28. in view of the allegations and on prima facie perusal of the petitions for grant of sanction ..... communicates the order of the governor to the state on 17-08-2024. the decision is, according sanction against the petitioner/chief minister under section 17a of the pc act and section 218 of the bnss. the petitioner challenges the said order before this court.4. heard dr. abhishek manu singhvi along with prof. ravi varma .....
Tag this Judgment!Court : Karnataka
..... of religion, race, place of birth, residence, language, caste, community or any other analogous grounds. clause (b) of sub-section (1) of section 153-aipc will apply only when an act is committed which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities and ..... of birth, residence, language, caste or community or any other ground whatsoever.18. the ingredients necessary for making out an offence under section 153-a(b) is the commission of any act which is prejudicial to the maintenance of harmony between different religious racial, language or regional groups or castes or communities, and which ..... no.5694 of 2024 petitioners were assaulted, but that is a separate crime which is being investigated into. however, the act of these petitioners in threatening the complainant or others would clearly attract section 153a of the ipc for the allegations that are made. he would, therefore, contend that it is a matter of .....
Tag this Judgment!Court : Karnataka
..... the offence. the deeming provision makes its imperative to join partnership firm as party being principal offender to the criminal proceedings under section 138 of the n.i. act read with section 141 of the act. here in the present case though the name of the firm has been reflected in the cause title showing petitioner as partner ..... p. no.9909/2017 and in addition would rely on the following judgments and submits as under; 14.1. he relies on expeditious trial of cases16 under sec. 138, ni act 1881 more particularly paragraph no.24 thereof which is reproduced hereunder for easy reference:24. the upshot of the above discussion leads us to the following conclusions:24 ..... that the partnership firm has not been made party in the complaint. the question whether such description, is substantial compliance of the requirements of section 138 read with section 141 of the act, is a matter to be analyzed by the trial court in the first instance. we do not intend to answer any other contention except to .....
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