Court : Mumbai
Reported in : 2007(4)ALLMR233; 2007(4)MhLj202
S. Radhakrishnan, J.1. By this common Judgment, we are disposing of Writ Petition No. 111 of 1996 and Writ Petition No. 2009 of 1998, which involves interpretation of certain provisions of Bombay Entertainment Duty Act, 1923 (hereinafter referred to as 'The Act') pertaining to amusement park. 2. The undisputed facts are as follows:The Petitioners own and run an amusement park within limits of Greater Bombay, which opened to public for admission on 25th December,1989. The Petitioners charge a lumpsum amount for admission and entertainment to the amusement park, and are required to pay entertainment duty for admission to the park.3. The Petitioners, by a letter dated 4th October,1994 sought confirmation that entertainment tax to be levied at that time would be 3.75% of value of consolidated ticket. By a reply dated 12th October,1994, Respondent No. 2 confirmed the same. However, by a Communication dated 7th January,1995 by Respondent No. 3 in view of clarification received from Revenue a...
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR741; 1994(38)KarLJ295
S.B. Majmudar, C.J 1. This Writ Appeal is taken out by the appellant original Writ petitioner, who is running a Cable TV and Dish Antenna operator's business. He is receiving signals from the satellite by way of dish antenna and then is transmitting the same through cables to various television sets, the subscribers of which get the benefit of reproduction of the signals on their TV sets and in which the programmes are transmitted to them by way of Dish Antenna and Cable TV. He also transmits signals of pre-recorded cassettes replayed through his V.C.R./V.C.P, so that the viewers can see the pictures on their T.V. sets as pre-recorded in those cassettes. The appellant charges Rs. 50/- each from his subscribers per month for enabling them to enjoy this benefit. The State of Karnataka introduced Section 4(c) to the Karnataka Entertainment Tax Act, 1958 (for short, the 'Act'), which provided for levy of Entertainment Tax on the Cable T.V. and Dish operating establishments in the State as ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(7)SC608; 1995(1)KLT172(SC); 1994(5)SCALE1; 1995Supp(2)SCC187; [1994]Supp5SCR526
K. Ramaswamy, J. 1. Leave granted in S.L.Ps. No. 10248, 9079, 13769/94 and S.L.P.No....(CC No. 25558/94). 2. A Division Bench of the Kerala High Court, by its common judgment dated December 10, 1993 in OP. No. 4637/89 and batch since upheld the constitutionality of Sections 57A and 57B inserted by the Abkari (Amendment) Act 21 of 1984 in the Amendment Act into the Abkari Act I of 1077 (for short 'the Act'), the correctness of that judgment is questioned in this appeal. 3. The facts lie in a short compass: 4. The appellants are licencees of arrack or Indian made foreign liquor retail shops or their employees. They have been charged for offences punishable under one or other Sub-sections.(1) to (3) of Section 57A for having mixed or permitted mixing or noxious substance with liquor or for having failed to take reasonable precautions to prevent such mixing or for being in possession of liquor in which such a noxious substance has been mixed with the knowledge that arrack or Ind...
Tag this Judgment!Court : Patna
B.P. Singh, J. 1. In this hutch of writ petitions, the legal issues being common, the writ petitions have been heard together and are being disposed of by this common judgement. The writ petitioners have challenged the constitutional validity of the Bihar Motor Vehicles Taxation Act, 1994. particularly Section 6 thereof whereundcr a tax at an annual rate has been levied on a manufacturer or a dealer in motor vehicles in respect of the motor vehicles in his possession, in the course of his business as such manufacturer or dealer under the authorisation of trade certificate granted under the Central Motor Vehicles Rules, 1989. The said Act shall he hereinafter referred to as 'the impugned Taxation Act.' The petitioners have also challenged the demands made under Section 6 of the impugned Taxation Act. The petitioner in CWJC No. 3788 of 1995 (R) is M/s. Tata Engineering and Locomotive Company, Ltd. a Company registered under the Indian Companies Act. The aforesaid Company claims to carry...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(2)ALD1; 2004(1)ALT659
P.S. Narayana, J.1. Ranga Reddy District Sarpanches Association, represented by its President and Convenor Sri Girish Sanghi and others had invoked the jurisdiction of this Court under Article 226 of the Constitution of India questioning certain provisions of A.P. Panchayat Raj Act, 1994 and certain Government Orders and Rules by filing W.P. No. 12348/2002. Federation for Empowerment of Local Government by its Presidum Member, Lok Satta by its General Secretary and Dr. Jayaprakash Narayana filed W.P.MP. No. 22300/2003 in W.P. No. 12348/2002 to implead them as Respondents 3 to 5 and in view of the averments made in the affidavit filed in support of the application the said W.P.M.P. No. 22300/2003 is allowed and proposed parties are impleaded as Respondents 3 to 5. The contesting parties had put in lengthy pleadings and also placed ample material before the Court in support of their respective contentions. Likewise, Prasanna, Chairperson, District Level Committee, Zilla Parishad, Nalgond...
Tag this Judgment!Court : Delhi
Reported in : LC2007(2)396; 2007(35)PTC177(Del)
Sanjay Kishan Kaul, J.IA. Nos. 651/2007, 1366/2007 & 2611/20071. 'Jurisdiction' as Oliver Wendall Holmes said, 'whatever else or more it may mean, is jurisdictio, in its popular sense of authority to apply the law to the acts of men'. Ordinarily jurisdiction is exercised over defendants residing or carrying on business or personally working for gain within the territorial jurisdiction of the court. With the growth of e-commerce and commercial activity over the world wide web, it has become possible for business to be conducted across the globe without actual presence in every place. The present case, inter alia, involves the question of jurisdiction in such a situation.2. The plaintiff company runs a Hindi news channel 'INDIA TV' which was launched in March 2004. It is stated that the channel is one of the leading Hindi news channels in India having popular programs such as 'Breaking News' and other programs such as India Beats, Jago India, Aap ki Adalat etc. 3. The plaintiff claims to...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
P. Sathasivam, J.1. I have had the benefit of reading the erudite judgment of my learned Brother, Hon. B. Sudershan Reddy, J. I am unable to share the view expressed by him on some points and must respectfully dissent.2. Though the facts and provisions of the relevant law have been set out in the judgment prepared by B. Sudershan Reddy, J., keeping in view of the importance in the matter, I propose to refer all the details and deliver a separate judgment in the following terms:3. Leave granted.4. 'The people of the entire country have a stake in natural gas and its benefit has to be shared by the whole country.' - Association of Natural Gas and Ors. v. Union of India and Ors.: (2004) 4 SCC 489 (CB)5. Being aggrieved by the judgment and order of the Division Bench of the High Court of Bombay dated 15.06.2009 in Appeal No. 1 of 2008 in Company Application No. 1122 of 2006 and in Company Petition No. 731 of 2005, Reliance Natural Resources Ltd. (in short 'RNRL') has filed S.L.P.(C) Nos. 1...
Tag this Judgment!Court : Allahabad
Reported in : AIR1996All375
ORDERA.P. Misra, J.1. A Divisional Bench has referred for reconsideration, a decision of earlier Division Bench in Civil Misc. Writ Petition No. 1190 of 1994 (Kamla Palace v. Stale of U. P.) decided on 10th July, 1995, in view of the decision of the Supreme Court in : [1995]1SCR256 (State of Bihar v. Sachidanand Kumar Prasad Sinha). In Kamla Palace (supra) this Court held proviso to sub-section (1) of Section 3-A of the Uttar Pradesh Entertainment & Betting Tax Act, 1979 (hereinafter referred to as 'the Act') and the Government Orders issued thereunder as ultra vires.2. Short facts are, Uttar Pradesh Legislature by way of Uttar Pradesh Entertainment & Betting Tax (Amendment) Act, 1992 (U.P. Act No. 14 of 1992), published on 11th April, 1992, introduced amendment in Section 3-A of the Act, which authorised the proprietor of a Cinema to realise an extra charge of twenty-five paise per ticket for admission to be utilised for maintenance of the cinema premises. But by proviso excluded the ...
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
ORDERK. Ramamoorthy, J.1. The plaintiffs claiming to be engaged in the sale of suit cases all over the globe have instituted the suit against the defendants stating that the defendants have infringed the plaintiff's copyright in drawings; the defendants are passing off their goods and they are imitating the trade dress in making the suit cases to sell their products. The defendants resist the case of the plaintiffs on various grounds. In view of the fact that the parties relied heavily on their respective pleadings to project their respective contentions and the arguments covered a very wide canvass, it has become necessary for me to refer to the pleadings in the first instance and then to deal with the rival contentions put forth at the time of the arguments and the precedents referred to by the learned counsel for the parties.2. The case of the plaintiffs could be recounted in the following terms. The first plaintiff Samsonite Corporation is a Company operating under the State of Del...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
Krishna Iyer, J.1.The province of prison justice, the conceptualization of freedom behind bars and the role of judicial power as constitutional sentinel in a prison setting, are of the gravest moment in a world of escalating torture by the minions of State, and in India, where this virgin area of jurisprudence is becoming painfully relevant. Therefore, explicative length has been the result; and so it is that, with all my reverence for and concurrence with my learned brethren on the jurisdictional and jurisprudential basics they have indicated, I have preferred to plough a lonely furrow.The Core-questions.2. One important interrogation lies at the root of these twin writ petitions : Does a prison setting, ipso facto, out-law the rule of law, lock out the judicial process from the jail gates and declare a long holiday for human rights of convicts in confinement, and (to change the mataphor) if there is no total eclipse, what luscent segment is open for judicial justice? Three inter-rela...
Tag this Judgment!