Judgment Search Results Home > Cases Phrase: commercial documents evidence act 1939 section 2 statements of relevant facts in scheduled documents to be themselves relevant facts Court: supreme court of india Page 6 of about 70 results (0.333 seconds)

Sanjay Singh Vs. Union of India

Court : Supreme Court of India

..... section 123 of the evidence act in fact contemplates a situation where party seeks the production of document which is with a public authority and the public authority raises claim for privilege by contending that the document ..... way countenancing disregard of the provisions prescribed by the code, i hold that what would otherwise be relevant does not become irrelevant because it was discovered in the course of a search in which those provisions as jimutavahana with his shrewd common-sense observes-"a fact cannot be altered by 100 texts," and as his commentator quaintly remarks :"if a brahmana be slain ..... press, whether out of commercial reason or excessive competition, descends to undesirable levels and may cause positive public mischief but the difficulty lies in the fact, recognised by thomas jefferson, ..... nothing contained in this act shall apply to the intelligence and security organisations specified in the second schedule, being organisations established by the central government or any information furnished by such organisations to that government: provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub - section: provided further that in the case of ..... an omnibus statement has been made by the learned attorney that there are certain ..... the requirement that members of a democratic society should be sufficiently informed that they may influence intelligently the decisions which may affect 'themselves. .....

Manohar Lal Sharma Vs. Narendra Damodardas Modi

Court : Supreme Court of India

..... section 123 of the evidence act in fact contemplates a situation where party seeks the production of document which is with a public authority and the public authority raises claim for privilege by contending that the document ..... way countenancing disregard of the provisions prescribed by the code, i hold that what would otherwise be relevant does not become irrelevant because it was discovered in the course of a search in which those provisions as jimutavahana with his shrewd common-sense observes-"a fact cannot be altered by 100 texts," and as his commentator quaintly remarks :"if a brahmana be slain ..... press, whether out of commercial reason or excessive competition, descends to undesirable levels and may cause positive public mischief but the difficulty lies in the fact, recognised by thomas jefferson, ..... nothing contained in this act shall apply to the intelligence and security organisations specified in the second schedule, being organisations established by the central government or any information furnished by such organisations to that government: provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub - section: provided further that in the case of ..... an omnibus statement has been made by the learned attorney that there are certain ..... the requirement that members of a democratic society should be sufficiently informed that they may influence intelligently the decisions which may affect 'themselves. .....

Vineet Dhanda Vs. Union of India

Court : Supreme Court of India

..... section 123 of the evidence act in fact contemplates a situation where party seeks the production of document which is with a public authority and the public authority raises claim for privilege by contending that the document ..... way countenancing disregard of the provisions prescribed by the code, i hold that what would otherwise be relevant does not become irrelevant because it was discovered in the course of a search in which those provisions as jimutavahana with his shrewd common-sense observes-"a fact cannot be altered by 100 texts," and as his commentator quaintly remarks :"if a brahmana be slain ..... press, whether out of commercial reason or excessive competition, descends to undesirable levels and may cause positive public mischief but the difficulty lies in the fact, recognised by thomas jefferson, ..... nothing contained in this act shall apply to the intelligence and security organisations specified in the second schedule, being organisations established by the central government or any information furnished by such organisations to that government: provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub - section: provided further that in the case of ..... an omnibus statement has been made by the learned attorney that there are certain ..... the requirement that members of a democratic society should be sufficiently informed that they may influence intelligently the decisions which may affect 'themselves. .....

Dakshin Haryana Bijli Vitran Nigam Ltd. (dhbvn) Vs. M/s Navigant Techn ...

Court : Supreme Court of India

..... be made after three months have elapsed from the date on which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal: provided that if the court is satisfied that the applicant was prevented by sufficient cause from making ..... union of india,13 this court held that the phrase but not thereafter provided under section 34(3) of the act makes it evident that the statutory period of limitation for filing an application for setting aside is three months, which is extendable by ..... therefore, in order to do complete justice between the parties, invoking our power under article 142 of the constitution of india, and given the fact that there is a minority award which awards the appellant its claim based upon the formula mentioned in the agreement between the parties, we uphold the minority award ..... concept of a reasoned award by a multi-member tribunal permits a statement of different reasons if different members of the tribunal in fact hold different views. ..... ) 12 scc21018 (xv) in the treatise on international commercial arbitration authored by fouchard, gaillard, goldman, it ..... of russel on arbitration , the relevance of a dissenting opinion was explained ..... to an award need not sign it but may set out his own views of the case, either within the award document or in a separate dissenting opinion . ..... until then, any document issued by the minority arbitrator .....

Express Newspapers (Private) Ltd. and anr. Vs. the Union of India (Uoi ...

Court : Supreme Court of India

Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12

..... a gujarati daily from bombay, (ii) janmabhoomi and pravasi, a gujrati weekly from bombay, (iii) lokmanya, a marathi daily from bombay, (iv) vyapar, a gujrati weekly commercial paper from bombay, (v) fulchhab, a gujrati daily from rajkot, (vi) pratap, a gujrati daily from surat, (vii) cuttccha mitra, a gujrati daily from bhuj ..... of the press commission were intended for the betterment of the economic condition of small and medium newspapers, such as price page schedule, telescopic rates for government advertisements and their fair distribution among newspapers, statutory restrictions on malpractices so as to eliminate cutthroat competition ..... the wage board even though it discounted these profit and loss statements as not necessarily reflecting the true financial position of these ..... the industry to pay but that was brought in by the newspaper establishments themselves who answered the question in an incidental manner and could not be ..... act judicially (and subject to control by means of these orders) although there is no form of lis inter partes before it; it is enough that it should have to determine a question solely on the facts of the particular case, solely on the ..... to any one sentenced to a term of imprisonment under the relevant section of the indian penal code ..... document which initiates the proceedings; the pleadings if any; and the adjudication; but not the ..... . geneva, 1939, summarises the position as it obtains in various countries : 'as will be clear from the .....

Employees State Insurance Corporation Vs. R.K. Swamy and Others

Court : Supreme Court of India

Reported in : AIR1994SC1154; (1994)1CompLJ255(SC); JT1993(6)SC176; (1994)ILLJ636SC; 1993(4)SCALE284; (1994)1SCC445; [1993]Supp3SCR461

..... the correspondence between the government of tamil nadu and the appellants in the course of consultation under section 1(5) of the said act does not assist, in our view, even the advertising agencies in the cases from madras for, whatever the view of the appellants was before the notification was issued, it is for the courts to interpret the ..... section 1(5) entitles the appropriate government, (in these appeals, admittedly, the governments of maharashtra, tamil nadu and kerala) to extend the provisions of the said act, in consultation with the appellants (the employees' state insurance corporation) and with the approval of the central government, after giving 6 months' notice of its intention so to do by a notification in the official gazette, to any establishment or classes of establishments, industrial, commercial, agricultural or otherwise. ..... in the light of these judgments and the expanded meaning now given to the word shop, the evidence which we have reproduced above setting out the different activities of an advertising agency needs to be considered. ..... the respondents therein are directed to register themselves and make contribution under the said act as on the date from which they were first called upon so to do.20 ..... clearing documents, even it be in the custom house, was necessary for the export or import of goods ..... the relevant portion of the notification read thus:3 ..... it is convenient to take note in the judgment, as illustrative, of the facts of the case arising in bombay.4. .....

State of Rajasthan and anr. Vs. M/S D.P. Metals

Court : Supreme Court of India

Reported in : AIR2001SC3076; JT2001(8)SC328; 2001(7)SCALE14; (2002)1SCC279; [2001]124STC611(SC)

..... documents prescribed under sub-section (3) or for submission of false declaration or documents a penalty (equal to five times of the rate of tax notified under section 5 of the act, for such goods or) (30%) of the value of such goods, as may be determined by such officer (whichever is less) (provided that where the goods are being carried without proper documents as required by sub-section (3) or with any false declaration or statements ..... the course of movement of the goods through his vehicle, such vehicle may, after an opportunity of being heard has been afforded, be confiscated by the commercial taxes officer of the area in whose jurisdiction the case was detected with the prior approval in writing of the deputy commissioner (administration) have jurisdiction and ..... the goods : provided that such officer may, if he deems fit, having regard to the nature of the carrier or the goods and other relevant matters, allow such goods to be transported, on the owner of the goods or his representative or the driver or other person in charge of ..... decision in delite carriers case (supra) it is evident that he court regarded section 37 of the haryana general sales tax as being nothing ..... section 28-b and rule 87 it was held that these were machinery provisions, which did not levy any charge by themselves ..... section 2(c) and taking note of the fact that section 37 provided of the establishment of check-post or barrier and the inspection of the goods in transit, this court analysed section ..... schedule .....

Commissioner of Central Exicise Ii Bangalore Vs. Ms Osnar Chemical P.L ...

Court : Supreme Court of India

Reported in : (2012)2SCC282

..... bagaria, senior advocate, while supporting the decision of the tribunal, fervently submitted that based on the documents, evidence and materials on record, the tribunal has found, as a fact, that the process of mixing an insignificant dose of polymer with duty paid bitumen only enhanced the quality of bitumen and did not amount to manufacture and therefore, in the absence of ..... the period involved in these appeals is post substitution of clause (f) in section 2 of the act by act 5 of 1986, which gives an extended meaning to the expression manufacture by including in terms of sub-clause (ii) to clause (f), any process which is specified in relation to any goods in the section or chapter notes of the first schedule to the central excise tariff act, 1985 (5 of 1986) as amounting to manufacture, the said provision ..... and vide order-in-original, dated 23rd april 2007, held that the aforesaid process carried out by the assessee amounted to manufacture of pmb in terms of section 2(f) of the act, irrespective of the fact whether such process was carried out on their own account or on job work basis and therefore, was dutiable. ..... but it is only when the change, or a series of changes, take the commodity to the point where commercially it can no longer be regarded as the original commodity but instead is recognized as a new and distinct article that ..... the relevant tariff items read as follows:tariff item description of goods 2713 petroleum coke, petroleum bitumen and other residues of petroleum .....

M/S. Telestar Travels Pvt. Ltd. and Others Vs. Special Director of Enf ...

Court : Supreme Court of India

..... the production of the documents duly confronted to the appellants was in the nature of production in terms of section 139 of the evidence act, where the witness producing the documents is not subjected to cross examination. ..... the decision does not hold that even when a statement is founded upon consideration of the relevant facts and circumstances and also found to be voluntary, it cannot be relied upon because the same was retracted. ..... the burden is on the authority/prosecution to show that the statement sought to be relied upon was voluntary and that the court while examining the voluntariness of the statement is required to consider the attending circumstances and all other relevant facts. ..... such being the case, the refusal of the adjudicating authority to permit cross examination of the witnesses producing the documents cannot even on the principles of evidence act be found fault with. ..... the appellant- company claims that the process of purchase of tickets as aforementioned was a commercial arrangement that was legally permissible and did not involve any violation of fera. ..... , on the other, was commercial in nature which the adjudicating authority and the tribunal had failed to appreciate in its true and correct perspective. .....

M/S. Telestar Travels Pvt. Ltd. and ors. Vs. Special Director of Enfor ...

Court : Supreme Court of India

..... the production of the documents duly confronted to the appellants was in the nature of production in terms of section 139 of the evidence act, where the witness producing the documents is not subjected to cross examination. ..... the decision does not hold that even when a statement is founded upon consideration of the relevant facts and circumstances and also found to be voluntary, it cannot be relied upon because the same was retracted. ..... the burden is on the authority/prosecution to show that the statement sought to be relied upon was voluntary and that the court while examining the voluntariness of the statement is required to consider the attending circumstances and all other relevant facts. ..... such being the case, the refusal of the adjudicating authority to permit cross examination of the witnesses producing the documents cannot even on the principles of evidence act be found fault with. ..... the appellant- company claims that the process of purchase of tickets as aforementioned was a commercial arrangement that was legally permissible and did not involve any violation of fera. ..... , on the other, was commercial in nature which the adjudicating authority and the tribunal had failed to appreciate in its true and correct perspective. .....