Court : Supreme Court of India
..... each case, it emerges that except for the voluntary statements of a-1 and a-2 in the first case and that of the respondents themselves recorded under section 67 of the ndps act, it appears, prima facie, that no substantial material was available with the prosecution at the time of arrest to connect the respondents with the allegations levelled against them of indulging in drug trafficking. ..... on the ground that the high court has erred in returning a finding that the rigors of section 37 of the ndps act are not attracted to the facts of the present cases; that none of the pre-conditions stipulated in section 37 of the ndps act that starts with a non-obstante clause, had been met in the instant cases for granting any relief to the respondents ..... second case registered by the ncb, the basis for arresting him was the statement made against him by the co-accused, a-1 under section 67 of the ndps act disclosing therein that a-5 had sent drugs to doha on several previous occasions on instructions received from his brother and that he was financing the drug business.7. mr. s.v. ..... additionally, reliance was placed by the department on the statement of a-5 recorded under section 2 in short ndps act 3 hereinafter referred to as the first case 4 for short cdr page 4 of 12 petition for special leave to appeal (criminal) no.1569 of202167 of the ndps act which purportedly revealed that both of them had arranged the drugs that were delivered to a-1 and a-2 on 22nd march 2019, who were going to carry .....
Tag this Judgment!Court : Supreme Court of India
..... electricity supply companies levied the electricity duty pursuant to a letter from the industries, energy and labour department, 2 government of maharashtra stating that as per maharashtra electricity act, 2016, charitable institutions registered under the bombay public trusts act, 1950 (now known as maharashtra public trusts act, 1950) for the purpose of or in respect of school or college imparting education or training in academic or technical subjects are not entitled for electricity duty exemption with ..... run by the statutory university for the purpose of or in respect of education, research and training (save in respect of premises used for residential purposes); 27 (iiia) by or in respect of charitable institution registered under the bombay public trusts act, 1950, for the purpose of, or in respect of, school or college imparting education or training in academic or technical subjects (save in respect of premises used for residential purposes); that thereafter the maharashtra electricity duty ..... no.2961 of 2018, is hereby quashed and set aside and it is held that the original writ petitioners respondents no.1 to 10 herein charitable education institutions registered under the societies registration act and the maharashtra public trusts act, are not exempt from levy/payment of electricity duty levied on the consumption charges or the energy consumed even with respect to the properties used by such charitable education institutions for the purpose of or in respect of .....
Tag this Judgment!Court : Supreme Court of India
..... as per the legal position clarified through decisions of this court prior to the amendments to the 1996 act in 2015, a violation of indian public policy, in turn, includes a violation of the fundamental policy of indian law, a violation of the interest of india, conflict with justice or morality, and the existence of patent illegality in the ..... the said judgment was challenged by uhl in a petition filed under section 37 of the arbitration act that has been decided by the impugned judgment whereunder, the division bench of the high court has awarded a sum of 9,10,26,558.74 (rupees nine crores ten lakhs twenty six thousand five hundred ..... as it is, the jurisdiction conferred on courts under section 34 of the arbitration act is fairly narrow, when it comes to the scope of an appeal under section 37 of the arbitration act, the jurisdiction of an appellate court in examining an order, setting aside or refusing to set aside an award, is all the ..... further observed by this court in the aforesaid decision in paragraph 33 that when a court is applying the public policy test to an arbitration award, it does not act as a court of appeal and consequently errors of fact cannot be corrected. ..... it is, therefore, obvious that what carries under section 31 (7)(b) of the act is the "sum directed to be paid by an arbitral award" and not any other amount much less by or under the name ..... of the power of the court under section 34 of the act are too well established to require any reiteration. ..... , (1948) 1 .....
Tag this Judgment!Court : Supreme Court of India
..... the court has to keep in mind while dealing with such cases is that the common intention or state of mind and the physical act, both may be arrived at the spot and essentially may not be the result of any predetermined plan to commit such an offence. ..... the crime in furtherance of the common intention cannot conceive of some independent criminal act by all accused persons, besides the ultimate criminal act because for that individual act law takes care of making such accused responsible under the other provisions of the ..... old section 34 of ipc new section 34 of ipc when a criminal act is done by when a criminal act is done by several persons, each of such several persons, in furtherance of the 8 persons is liable for that act in common intention of all, each of such the same manner as if the act persons is liable for that act in the was done by him alone same manner as if it were by him alone19.on a comparison, one could decipher that the phrase in furtherance of the common intention ..... the essence of liability under section 34 is simultaneous consensus of the minds of persons participating in the criminal act to bring about a particular result, which consensus can even be developed at the spot as held in lallan ..... to incur joint liability for an offence there must be a prearranged and premeditated concert between the accused persons for doing the act actually done, though there might not be long interval between the act and the premeditation and though the plan may be formed suddenly. .....
Tag this Judgment!Court : Supreme Court of India
..... in the statement of the prosecution witnesses as stated during investigation and in the trial having been pointed out to them in the manner provided for in section 145 of the evidence act, and corroborated by the investigating officer, under section 157 of the evidence act lends credence to the allegation of the defence that an entirely new case was sought to be made out by the prosecution for what was essentially a different manner and sequence of ..... however, is only to say that the high court in its conduct of the appeal should and will act in accordance with rules and principles well known and recognised in the administration of justice. ..... nature of evidence given by its witnesses, did not consider it necessary to re examine them under section 137 of the evidence act or cross examine them under section 154 of the same. ..... for one year for offence under section 504 of ipc and further sentenced to undergo rigorous imprisonment for ten years each for the offence under section 3/4 of the explosive substances act, 1908 and ordered that the sentences run concurrently. ..... mahendra ram to death under sections 302/34 read with section 120b of ipc and sections 3/4 of explosive substances act, 1908, subject to confirmation by the high court. ..... said information, a case was registered at kotawali ps being case no.136/2005 dated 10thmarch, 2005 under sections 302/34, 120b of ipc and section 3/4 of the explosive substances act, 1908 (hereinafter referred to as the act ) against the accused. .....
Tag this Judgment!Court : Supreme Court of India
..... learned counsel for the assessee relied upon several decisions under the sales tax acts, central excise act and the provisions of other statutes for the contention that article includes goods and goods could be an animate object and, viewed in this light, the hatching of eggs would come within the meaning ..... the fact that such bodies including the commissions have erred or have acted in less than a responsible manner in the past cannot be a reason for a free exercise of the judicial power which by its very nature will have to be understood to be, normally, limited to instances of arbitrary or mala fide exercise ..... word, if read in the context of one provision of the act, may mean or convey one meaning and another in a different ..... strength of the meaning assigned to articles and things in the fifth schedule of the act, it was urged that hatching of chicks is also production of articles or things . ..... nevertheless, the provisions of the 1976 (sic 1974) act are applicable for the purpose of conducting examination for recruitment of judicial officers in the state ..... , special acts like ndps, the scheduled castes and scheduled tribes (prevention of atrocities) act, the prevention of corruption act, the negotiable instrument act. ..... the various provisions contained in the 1974 act deal with the method and manner in which the examinations are ..... can adopt the scaling system by invoking the power conferred under rule 51 of the 1976 amendment act in view of rule 19 contained in the niyamavali, 1951. .....
Tag this Judgment!Court : Supreme Court of India
..... category and had applied for admission in various post graduate courses, questioned the purported reduction of the quota for sc category candidates from 15%, as prescribed in section 3 of the reservation act to 2% and filed a writ petition in the high court of manipur which was disposed of by the learned single judge vide order dated 01st september, 2015, holding inter alia that ..... section 2 (ia) as 5 for short the constitution page 10 of 29 civil appeal no of2021@ slp no.34681 of 2017 specified north eastern region , have been created by the amendment act with the specific purpose of protecting the interest of sc and st candidates belonging to other north eastern states that are not tribal states and contrary to the said provision, respondent no.1 ..... learned counsel for the appellants has assailed the impugned judgment contending that the high court has erred in taking a view that the proviso inserted vide the amendment act, would be applicable to a central educational institution4 located in states falling 4 for short the cei page 9 of 29 civil appeal no of2021@ slp no.34681 ..... , which would also be the percentages of reservation for admission for the scs and sts after the amendment of the central educational institutions (reservation in admission) act, 2006 by the central educational institutions (reservation in admission) amendment act, 2012, and the institute or the manipur university cannot page 7 of 29 civil appeal no of2021@ slp no.34681 of 2017 anymore invoke clause (i) and .....
Tag this Judgment!Court : Supreme Court of India
..... subject or context - (2) "excise revenue" means revenue derived or derivable from any duty, fee, tax, fine (other than a fine imposed by a court of law), or confiscation imposed or ordered under the provisions of this act, or of any other law for the time being in force relating to liquor or intoxicating drugs; *** *** *** (3a) "excise duty" and "countervailing duty" means any such excise duty or countervailing duty, as the ..... or context - (1) "excise revenue" means revenue derived or derivable from any duty, fee, tax, fine (other than a fine imposed by a court of law), or confiscation imposed or ordered under the provisions of this act, or of any other law for the time being in force relating to liquor or intoxicating drugs; *** *** *** (3a) "excise duty" and "countervailing duty" means any such excise duty or countervailing duty, as the case ..... was under obligation to follow the terms and conditions of the licence and correspondingly, has always been under obligation to deposit the duty demanded under the provisions of the act of 1910, particularly when all the operations, including that of transfer of the liquor from pd-2 licensed area to the bottling hall and to the godown and then, ..... u.p. trade tax act, 1948, and has submitted that in the stock of imfl destroyed due to fire, neither there was any transfer of property nor there was a ..... trade tax act, 1948, and has submitted that in the stock of imfl destroyed due to fire, neither there was any transfer of property nor there was a sale; .....
Tag this Judgment!Court : Supreme Court of India
..... far as the submission on behalf of the petitioners that the agreement was prior to the insertion of sub-section (5) of section 12 read with seventh schedule to the act and therefore the disqualification under sub-section (5) of section 12 read with seventh schedule to the act shall not be applicable and that once an arbitrator - chairman started the 13 arbitration proceedings thereafter the high court is not justified in appointing an arbitrator are concerned ..... broader list of categories (as set out in the fourth schedule, and as based on the red and orange lists of the iba guidelines), the *ineligibility* 17 to be appointed as an arbitrator (and the consequent de jure inability to so act) follows from a smaller and more serious sub- set of situations (as set out in the fifth schedule, and as based on the red list of the iba guidelines).60. ..... by the impugned judgment and order has dismissed the application filed by the appellant herein under section 14 read with sections 11 & 15 of the arbitration act, 1996 and has observed that it would be open for the appellant to participate in proceedings before the arbitral tribunal constituted by the respondent as stationery ..... filed the present application before the high court being ac no.100/2019 under section 14 read with sections 11 & 15 of the arbitration act, 1996 seeking termination of the mandate of originally constituted arbitral tribunal stationery purchase committee comprising of officers of the respondent and for appointment of .....
Tag this Judgment!Court : Supreme Court of India
..... the high court further noted that merely because such refund was not permissible to the dta supplier under the 1944 act and the rules 35 supra at footnote no.22 48 framed thereunder, that would not deprive the dta supplier to avail of the ..... of 2020 claims to be hundred per cent export oriented unit8 engaged in the manufacture of goods falling under chapter 30 of the schedule to the central excise tariff act, 1985 and for that purpose, the appellant has a factory, inter alia, at plot no.8a/2, 8b/2, 8-8a/1/1, kalwe, midc, dighe, navi mumbai 400708. ..... further, the fact that the concerned entity had unsuccessfully applied for refund to the authorities under the 1944 act and the rules made thereunder, that would not denude it of its entitlement to get refund of ted under the ftp, as ..... and if the amount towards ted has been paid in cash by the dta supplier to the authorities under the 1944 act, the refund 56 of ted amount would be made by the authority implementing the applicable ftp in cash with simple interest at the rate of 6% per annum for the delay in ..... as noted earlier, since the entitlement of exemption and refund of ted flows from the provisions of 1992 act and ftp framed thereunder by the central government, which is an independent dispensation than the one provided in the 1944 act and 54 the rules framed thereunder, with the avowed purpose of promoting export and earning foreign exchange, it is the obligation of authority responsible to implement the subject ftp, to deal .....
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