Court : Supreme Court of India
..... first respondent filed a writ petition before the high court of orissa seeking a declaration that section 17(5)(d) of the cgst act and the corresponding provisions of the orissa goods and services act, 2017 do not apply to the construction of immovable property intended for letting out on rent ..... writ petition (c) no.1030 of 2022 containing similar prayers submissions on behalf of assessees6 very detailed submissions have been made by the parties to the civil appeals, intervenors and parties to the writ ..... reliance was placed on this behalf in the case of sneh enterprises ..... the tax charged in respect of such supply has been actually paid to the government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: provided further that where a recipient fails to ..... page 38 of 91 one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be paid by him along with interest payable under section 50, in such manner as may be prescribed: provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him to the supplier of the amount towards the value of supply of goods or services or .....
Tag this Judgment!Court : Supreme Court of India
..... , 1976; section 22, gujarat habitual offenders act, 1959; section 22, bombay habitual offenders act, 1959; section 21, himachal pradesh habitual offenders act, 1969; section 23, jammu and kashmir habitual offenders (control and reform) act, 1956; section 18, karnataka habitual offenders act, 1961; section 18, kerala habitual offenders act, 1960; section 12, orissa restriction of habitual offenders act, 1952; section 14, rajasthan habitual offenders act, 1953 302 section 6, andhra pradesh habitual offenders act, 1962; section 6, goa, daman and diu habitual offenders act, 1976; section 6, gujarat habitual offenders act, 1959; section 6, bombay habitual offenders act, ..... galanter noted: from the early days of the british legal system a group of matters that might roughly be described as family law - marriage and divorce, adoption, joint family, guardianship, minority, legitimacy, inheritance, and succession, religious endowments - were set aside and left subject to ..... time while awaiting trial; (d) examine prison registers and records, except secret records and records pertaining to accounts; (e) hear and attend to all representation and petitions made by or on behalf of the prisoners; (f) direct, if deemed advisable, that any such representation or petition be forwarded to the government; (g) suggest new avenues for improvement in ..... in prisons. it noted that while women, young offenders, criminal lunatics, and prisoners suffering from infectious diseases and even prisoners with .....
Tag this Judgment!Court : Karnataka
..... this petition, coming on for orders, this day, order was made therein as under: coram: hon'ble mr justice m.nagaprasanna oral order the petitioner / accused no.14 in crime no.250 of 2024 registered for offences punishable under sections 302 and 201 of the ipc is knocking at the doors of this court calling in question an order dated 27-08-2024 passed by the xxiv additional chief judicial magistrate, bengaluru, directing transfer of the petitioner, an under-trial ..... case, is unsustainability of the order of shifting of the petitioner/accused no.14 from bangalore, central prison to belagavi, central prison, as it is done without any basis as there was no allegation against the petitioner that he had indulged in certain acts making himself the reason for such transfer, and is in violation of the principles laid down by the apex court in the case of saeed sohail (supra).12. ..... down the following test: (kb p.205) wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially, act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. ..... , could be varied some of which may lead to the conclusion that certain functions discharged by the courts are not judicial such as award of costs, award of sentence to prisoners, removal of trustees and arbitrators, grant of divorce to petitioners who are themselves guilty of adultery, etc. .....
Tag this Judgment!Court : Karnataka
..... 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, 322, 324, 324(1), 324(2), 324(3), 335, 336, 338 and section 340 - of the bharatiya nyaya sanhita, 2023 and other applicable provisions of law, in the interest ..... . petition from sri t.j.abraham seeking grant of sanction for prosecution of shri siddaramaiah, hon ble chief minister of karnataka for commission of offences under sections 7, 9, 11, 12 and 15 of the prevention of corruption act, 1988 ( pc act ) ad sections 59, 61, 62, 201, 227, 228, 229, 239, 314 316(5), 318(1), 318(2), 318(3), 319, 322, 324, 324(1), 324(2), 324(3), 335, ..... becomes necessary to direct the learned sessions judges/special court who would entertain complaints against public servants filed by private persons alleging offences punishable under the provisions of the prevention of corruption act, 1988 even if it is an amalgam not to entertain such complaints if they do not comply with the following: (i) the complaint should narrate that the complainant has made his ..... terms of section 17-a but when it comes to the relief sought in the writ petition, there was no relief claimed in this behalf.119. ..... . fifthly, the submission advanced on behalf of the respondents, that the exercise of discretion under article 163 .....
Tag this Judgment!Court : Supreme Court of India
..... section 80 and section 87-b of the code of civil procedure, 1908; section 77 of the railways act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1956; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life (protection) act, 1972; the proviso to section 33(2)(b) of the industrial disputes act, 1947 (as amended in 1956); section 10-a of the medical council act, 1956 (as amended in 1993), and similar ..... of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence: provided further ..... no court shall take cognizance of any offence (i) under chapter iii without the previous sanction of the central government or any officer authorised by the central government in this behalf; (ii) under chapter iv and vi without the previous sanction of the central government or, as the case may be, the state government, and where such offence is committed against the government of ..... the order of sanction, extrinsic evidence may be placed before the court in that behalf. .....
Tag this Judgment!Court : Supreme Court of India
..... this 6 company appeal (at) no.222 of 2018, decided on 25.03.2019 7 (2023) 4 scc209 26 court held that the role of sebi as a regulator could not be circumvented by applying for rectification under section 111-a of the act of 1956 and that, such an approach would be impermissible as scrutiny and examination of a transaction allegedly conducted in violation of the regulations has to be processed through the rules and remedies provided in the regulations ..... and others1, the short question for consideration was framed thus by this court: whether in the proceedings under section 155 of the companies act, 1956, the court has exclusive jurisdiction in respect of all the matters raised therein or has only summary ..... this would mean that the national company law tribunal exercising jurisdiction under section 59 of the act of 2013 has to examine 28 the factual issues to ascertain the substance of the issue before it after removing the cloak of the form of ..... (supra) that the jurisdiction 2 (2006) 6 scc9423 exercised by a company court under section 155 of the companies act, 1956 (section 111, thereafter), was somewhat summary in nature and that, if a seriously disputed question of title arose, the company court should relegate the parties to a suit, which was the more appropriate remedy for ..... and 4 were not even in the country on the date in question, the nclt noted that none had appeared on their behalf and they had not chosen to file any counter in support of the stand taken by them. .....
Tag this Judgment!Court : Karnataka
..... who is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india; or (d) spouse of foreign origin of a citizen of india or spouse of foreign origin of an overseas citizen of india cardholder registered under section 7a and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this ..... section: provided that for the eligibility for registration as an overseas citizen of india cardholder, such spouse shall be subjected to prior security clearance by a competent authority in india: provided further that no person, ..... , following is held and declared, (i) the rights of the petitioner as oci cardholder registered under section 7a of the citizenship act, 1955, shall be governed, for the purpose of admission to the professional courses, in accordance with notifications of the central government issued under section 7b(1) of the 1955 act, and as per the interpretation attached thereto it by the supreme court in anushka rengunthwar (supra) ..... (para50) 3.9.3 noticeably, the submission on behalf of the petitioners that sub-section (2) of section 7b of 1955 act does not exclude right under article 14 of the constitution and that this article is available to be invoked ..... [(1869) .....
Tag this Judgment!Court : Karnataka
..... day, order was made therein as under: coram: hon'ble mr justice m.nagaprasanna oral order the petitioners are before this court calling in question registration of a crime in crime no.48 of 2022 registered for offences punishable under sections 323, 498a, 504, 506 and 149 of the ipc pending before the civil judge and jmfc, kushalnagar.2. ..... on 08-09-2022, the 2nd respondent registers a complaint alleging offences punishable under section 376 of the ipc barely after 15 days of the aforesaid meeting and blooming of the relationship. ..... he would submit that all documents are placed on record depicting crimes so registered by the 2nd respondent against several other persons including the 1st petitioner for offences punishable under section 498a of the ipc that is now alleged. .....
Tag this Judgment!Court : Karnataka
..... fact that the report of the government analyst is required to be sent to the person whose details were furnished under section 18a of the act presupposes that the drugs inspector has to have this information in his/her possession by the time he receives the report ..... of 2018 cav order1 this criminal petition is filed opposing the criminal proceedings initiated against the petitioners for the offence punishable under section 27d of the drugs and cosmetics act, 1940 ( the act ) in criminal case no.273 of 2016, relatable to the subject samples of a drug called regunac na+ sr100(slow diclofenac ..... this is necessary because the moment (s)he receives the test/analysis report from the government analyst under section 22 of the act, (s)he is required to send one copy to the person from whom the drug sample was obtained and, more importantly, send the second copy to the person ..... for this reason, henceforth, the inspectors under the act are directed to ensure that they secure information relating to: (a) the person from whom the drug was acquired (as provided under section 18a of the act); and (b) the place where the drug was manufactured (as provided under section 24 of the act) at the same time that they send the drug sample ..... , the drugs inspector proceeded to present the complaint (dated 24.08.2016) under section 200 of the criminal procedure code, 1973 ( the crpc ) for offence punishable under section 27(d) of the act for the manufacture of two batches of drugs, which were not of standard .....
Tag this Judgment!Court : Supreme Court of India
..... woman, of full age, shall, by virtue of this act, have power, as if she were unmarried, by a non-testamentary instrument, to appoint an attorney on her behalf, for the purpose of executing any non testamentary instrument or doing any other act which she might herself execute or do; and the provisions of this act, relating to instruments creating powers-of-attorney shall apply thereto. ..... )no.3981/2023 3.3 much thereafter, the complainant lodged fir no.32 of 2021 dated 15th january, 2021, under section 406 ipc pertaining to the return of the jewellery which he had given to his daughter at the time of her marriage as stridhan , but entrusted it to her-in laws (present-appellants) 3.4 it is necessary to record the complainant s version ..... initiated for securing possession of the articles and ornaments after a passage of more than 20 years since the date of marriage and five years after the settlement of all marital issues at the time of divorce and that too, not by the former wife, i.e. ..... his daughter and son-in-law got their divorce in the year 2016, after 16 years ..... state of uttarakhand 6, wherein a decree of divorce stood passed inter se the parties on 18th october 2014, and fir was filed on 6th april 2015, the appellant s request for the respondent to pay a sum of rs.10 lakhs in full and final settlement of all ..... the marriage was unsuccessful and after a period of approximately 16 years, the complainant s daughter on 14th august, 2015 filed for divorce in the united states of america. .....
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