Court : Delhi
..... of law that, save in a very exceptional class of case, the burden is on the prosecution and never shifts.25. learned counsel for cbi relies on collector of customs madras & ors. vs. bhoormul air 197.sc 85.to contend that the prosecution is not required to prove its case with mathematical precision. there is no doubt about ..... he does not know where searches were conducted and whether he examined the accused or not. pw22 r.p. kaushal states that he acquainted himself with published manual, tariffs and guidelines of insurance company and without exhibiting these documents, no finding of fake report could have been arrived at. the impugned judgment has been passed by the learned ..... under section 13(1)(d) of the pc act, is proved beyond reasonable doubt. reliance is placed on ashok tshering bhutia vs. state of sikkim crl.a. 945/2003 decided on 25th february, 2011; mamta devi vs. vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. bhoorumal air 197.sc .....
Tag this Judgment!Court : Delhi
..... of law that, save in a very exceptional class of case, the burden is on the prosecution and never shifts.25. learned counsel for cbi relies on collector of customs madras & ors. vs. bhoormul air 197.sc 85.to contend that the prosecution is not required to prove its case with mathematical precision. there is no doubt about ..... he does not know where searches were conducted and whether he examined the accused or not. pw22 r.p. kaushal states that he acquainted himself with published manual, tariffs and guidelines of insurance company and without exhibiting these documents, no finding of fake report could have been arrived at. the impugned judgment has been passed by the learned ..... under section 13(1)(d) of the pc act, is proved beyond reasonable doubt. reliance is placed on ashok tshering bhutia vs. state of sikkim crl.a. 945/2003 decided on 25th february, 2011; mamta devi vs. vijaykumar mamraj agrawal 2008 crl.l.j.970 bombay high court; collector of customs, madras vs. d. bhoorumal air 197.sc .....
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..... to the before manufacturer before proceedings before violation initiation of proceedings of the ims act and neither against it by the concerned is any safeguard provided initiating amendments. criminal authority.9. section 17- section 22 provides further no such safeguard in the safeguards-if offence provisions continue. no amendments. act committed by a company, appointed nominee to be proceeded against and not the directors ..... prevail over the rule. in this behalf, the union of india, respondent no.1 has placed reliance on the observations of supreme court in ispat industries ltd. vs. commr. of customs, (2006) 12 scc 583:- 27. in this connection, it may be mentioned that according to the theory of the eminent positivist jurist kelsen (the pure theory of law) in every .....
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..... to the before manufacturer before proceedings before violation initiation of proceedings of the ims act and neither against it by the concerned is any safeguard provided initiating amendments. criminal authority.9. section 17- section 22 provides further no such safeguard in the safeguards-if offence provisions continue. no amendments. act committed by a company, appointed nominee to be proceeded against and not the directors ..... prevail over the rule. in this behalf, the union of india, respondent no.1 has placed reliance on the observations of supreme court in ispat industries ltd. vs. commr. of customs, (2006) 12 scc 583:- 27. in this connection, it may be mentioned that according to the theory of the eminent positivist jurist kelsen (the pure theory of law) in every .....
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..... the court also notes that the plaintiff, tej shoe, did not declare the value of the goods in the airway bill, but rather, only the value for customs was declared (amounting to dm 150,152.90). furthermore, no supplementary amount was paid to the appellant in accordance with the declaration of interest. an interpretation which ..... stopping places for the route. carriage to be performed hereunder by several successive carriers is regarded as a single operation.4. except as otherwise provided in carrier s tariffs or conditions of carriage in carriage to which the warsaw rfa (os) 18/2007 page 22 convention does not apply and liability shall not exceed us $ ..... to india (1) the rules contained in the second schedule, being the provisions of the amended convention relating to the rights and liabilities of carriers, passengers, consignors, consignees and other persons shall, subject to the provisions of this act, have the force of law in india in relation to any carriage by air to which those rules .....
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..... . the detenu was interrogated almost the whole day on the 13th june, 1985 and at 6-00 p.m. he was formally arrested under section 104 of the customs act. the order of detention was made on the same night. relying upon the documents, which included the arrest memo prepared at 6-00 p.m., the court came ..... of mind.39. the scrutiny of and application of mind to the circumstantial letter; charge sheet; summary of evidence; exhibits dealing with minute statistical details; decision to amend and retyping of the charge sheet; issuance of various orders relating to the court martial, is claimed to have been completed by the convening authority on receipt of this ..... as well as the accompanying record, charge sheet, applied his mind thereto and passed the order convening the court martial, appointing the trial judge advocate as well as amending the charge sheet.38. in support of this submission that there was no application of mind by the convening authority as there was insufficient time to do so, .....
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..... emphasis by us) 140. placing reliance on the above, it is argued by mr. chandhiok that given the repugnancy between the court fees act, 1870 and the delhi court fees (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further ..... the paradigms of government. but the premium a democratic society puts on inclusiveness, equality and citizen participation cannot be fulfilled in a society that sees citizens as customers or consumers. the fewer things a community shares in common, the more money matters, and the more difference there is between those of modest means and those ..... and ors. : [1954].1scr371, a bench consisting of five judges of this court upheld a notification issued by the regional transport authority, calcutta region, fixing lower tariff for smaller taxis. the benefit of this lower fare was given to "small motor taxi cabs of w.p.(c)no.4770/2012 page 286 of 531 not .....
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..... emphasis by us) 140. placing reliance on the above, it is argued by mr. chandhiok that given the repugnancy between the court fees act, 1870 and the delhi court fees (amendment) act, 2012, the amendment act of 2012 is deemed to be still born and of no legal consequence and effect.141. on these aspects, another judicial precedent sheds further ..... the paradigms of government. but the premium a democratic society puts on inclusiveness, equality and citizen participation cannot be fulfilled in a society that sees citizens as customers or consumers. the fewer things a community shares in common, the more money matters, and the more difference there is between those of modest means and those ..... and ors. : [1954].1scr371, a bench consisting of five judges of this court upheld a notification issued by the regional transport authority, calcutta region, fixing lower tariff for smaller taxis. the benefit of this lower fare was given to "small motor taxi cabs of w.p.(c)no.4770/2012 page 286 of 531 not .....
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..... thereof.44. it is a misconception to contend that what is being taxed is intellectual input. what is being taxed under the customs act read with the customs tariff act and the customs valuation rules is not the input alone but goods whose value has been enhanced by the said inputs. the final product at the ..... the software remains with the assessee however it allows the use of copyright to the person making payment to it. as per the indian copyright act 1957 as amended in 1994 software are entitled to copyright protection. the assessee possesses copyright in the software, which it can enforce in india if any violation ..... services to mean. (a) transferring whether permanent or otherwise or (b) permitting use or enjoyment of any intellectual property right for levy of service tax. this amendment has been noticed by the cestat in araco corporation v. cce [2005]. (180) elt91(tribang). 4.8.5 by the expedient of deeming ======================================================================= fiction .....
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..... had pointed out that the petitioner failed to assist him in obtaining the requisite permission.102. the learned arbitrator commits an error in holding that the amendment on payment is same as that of nature of contract because in letter dated 1st february, 2005 written by the respondent clearly said that if any ..... hereunder for the kind reference of the court : 8. payments all payments will be made in indian rs. & offer should include all taxes and duties including customs duties of any payable on imported components of the project, nothing extra will be paid/released for successful completion of project. payment schedule shall be as under: ..... be set aside if it shocks the conscience of the court. (i) in rajasthan state mines & minerals ltd. vs. eastern engineering the arbitrator could not act arbitrarily, irrationally, capriciously or independently of the contract. a deliberate departure or conscious disregard of the contract not only manifests the disregard of his authority or misconduct .....
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