Court : Karnataka
..... cannot be heard to deviate there from when the revenue itself lays down the monetary limits. a harmonious construction of sub-section (1) of section 260a of the 1961 act, and sub-section (1) of section 268a of the 1961 act would inevitably lead to the conclusion that the revenue can prefer an appeal, if a case raises a substantial question ..... high court in the case of cwt versus john l. chackola (2011) 337 itr 385 (ker) and the chattisgarh high court in the case of cit versus navbharat explosives co., pvt, ltd., (2011) 337 itr 515 (chattisgarh), have held that:- the maintainability of appeals/references at the instance of the revenue is to be considered on ..... , therefore, be deemed to have been done away with, after the inclusion of section 268a into the 1961 act. after the introduction of section 268a into the 1961 act, section 260a of the 1961 act cannot be read independently. sections 260a and 268a of the 1961 act will now have to be interpreted reading the two harmoniously, so as to give .....
Tag this Judgment!Court : Karnataka
1. petitioners are accused in crime no.218/2011 registered by kadur police, chiekmagalur. for the offences punishable under sections 9. 39. 40, 44, 50, 51 of wild life (protection) act, 1972 r/w section 429 of ipc r/w sec. 4, 5, 9b(b) of explosives act. 2. police on investigation has filed the charge sheet. these accused are in judicial custody for a considerable time and all the accused belong to tribal area. 3. having regard to the same. i find that the petitioners could be enlarged on bail. accordingly, the petition is allowed. petitioners are enlarged on bail subject to the following conditions: hi the petitioners shall execute personal bond for 25.000/- each with two solvent sureties for the like sum to the satisfaction of the trial court. (i) they shall regularly attend the court on hearing dates. (ii) they shall not. tamper with the prosecution witnesses.
Tag this Judgment!Court : Karnataka
..... by nelamangala police, bangalore city. he has been charge sheeted for the offence punishable under sections 143, 147, 148, 341, 307, 302, 109, 120(b), 506 read with 149 of ipc further read with sections 25 and 27 of indian arms act and sections 3 and 4 of explosive substances act.2. the incident had occurred on 3.7.2010. and on the same night, complaint .....
Tag this Judgment!Court : Karnataka
..... were registered and investigated and charge sheeted. four of the arrested gang members were convicted to death sentence by the supreme court. he recovered more than 3 tonnes of explosives and 126 fir arms. fortitude, courage, gallantry, investigation, intelligence and leadership skills, displayed by him in this operation are exemplary and unprecedented in the annals of the ..... force from the front against the gang in a number of encounters. the gang which was having more than 150 members, 135 firearms and 3 tonnes of explosives in 1993 was decimated to 5 members by april 1996. under his leadership, 60 gang members were killed in various encounters and 126 gang members and harbourers were ..... 1993 to 28.2.1996. these complaints pertain to the period anterior to that and as such it is barred by time by virtue of section 36 of the protection of human rights act, 1993. as already set out, the committee report does not pertain only to twenty complaints. it has taken into consideration all the human .....
Tag this Judgment!Court : Karnataka
..... those of the security forces, have resulted in the violation of the human rights of innocent citizens of the country, and not least of its most vulnerable sections, these acts must be scrupulously enquired into; further, when the results of enquiry so require, it must be ensured that appropriate compensation or other remedies are provided.43 ..... and investigated and charge sheeted. four of the arrested gang members were convicted to death sentence by the supreme court. he recovered more than 3 tonnes of explosives and 126 fir arms. fortitude, courage, gallantry, investigation, intelligence and leadership skills, displayed by him in this operation are exemplary and unprecedented in the annals of ..... from the front against the gang in a number of encounters. the gang which was having more than 150 members, 135 firearms and 3 tonnes of explosives in 1993 was decimated to 5 members by april 1996. under his leadership, 60 gang members were killed in various encounters and 126 gang members and .....
Tag this Judgment!Court : Karnataka Dharwad
..... revenue had field an application for condonation of delay of 1942 day in filing the appeal (vide misc.cvl.109896/2010 filed under section 5 of limitation act read with section 206(a) of the act). in view of huge tax liability as well as public interest and in the light of the ratio laid down by the honble ..... itr 244(mad)), kerala (see commissioner of wealth tax vs. john l.chackola ((2011) 337 itr 385 (ker)), and chattisgarh (see commissioner of income tax vs. navabhrat explosives company private limited ((2011) 337 itr 515 (chhattisgarh)), have held that the boards instruction dated 15.05.2008 is prospective. in the case of commissioner of income tax vs. ..... construction company((2011)331 itr 449 (p and h)), high court of punjab and haryana has held that there is no scope for reading the circular issued under section 268a of the act as being applicable to pending appeals. whereas the high courts, viz., bombay (see commissioner of income tax vs. pithwa engineering works ((2005) 276 itr 519 ( .....
Tag this Judgment!Court : Karnataka
..... with the privilege of going on strike, particularly having regard to the fact that the petitioner is handling highly explosive substance i.e. petroleum product. 11. even assuming that the provisions of section 22(1)(d) of the i.d. act are not applicable to the contract workmen and that they may go on strike ignoring the provisions of ..... the inaction of the contractors. if it is so, the 1st respondent - union could have gone on strike, if in their opinion, the provisions of section 22(1)(d) of the id act are not applicable, in front of the offices of respective contractors. in any event, the members of the 1st respondent - union may not be entitled ..... to go on strike. 6. before proceeding further, it is relevant to note certain provisions of the i.d. act and the contract labour (regulation and abolition) act, 1970 {'contract labour act' for short). section 22(1) of the i.d. act reads thus: 22. prohibition of strikes and lock-outs: (1) no person employed in a public utility service shall .....
Tag this Judgment!Court : Karnataka
..... cases against this appellant on the same day. crime no.172/2004 resulted in the present proceedings and crime no.179/2004 for an offence punishable under section 5 of the explosives act, 1884 and a large number of witnesses 19 cited in both the cases were the same witnesses. it is stated that the case in crime no.179/2004 ..... .c.no.933/2005 on the file of the presiding officer, fast track court-ix, the appellant/accused no.5 for the offence punishable under section 3 punishable with section 25 of arms act and etc; these criminal appeals having been heard and reserved on 12.09.2014 and coming on for pronouncement of judgment this day, the court ..... pistol, single barrel country made gun and 2 magazines, 3 cartridges without holding license in this behalf as per the provisions of arms act and thereby violated the provisions of section 3 punishable under section 25 of the arms act?. in the meanwhile, accused no.2 - athush, who had jumped bail, was produced before the court and the split up charge .....
Tag this Judgment!Court : Karnataka
..... against this appellant on the same day. crime no. 172/2004 resulted in the present proceedings and crime no. 179/2004 for an offence punishable under section 5 of the explosives act, 1884 and a large number of witnesses cited in both the cases were the same witnesses. it is stated that the case in crime no. 179/2004 was ..... 2005 on the file of the presiding officer, fast track court-ix, at bangalore - convicting the appellant/accused no.5 for the offence punishable under section 3 punishable with section 25 of arms act and etc;) 1. these appeals are heard and disposed of by this common judgment. 2. the facts leading up to these appeals are as follows:- ..... pistol, single barrel country made gun and 2 magazines, 3 cartridges without holding license in this behalf as per the provisions of arms act and thereby violated the provisions of section 3 punishable under section 25 of the arms act? " in the meanwhile. accused no.2 - athush, who had jumped bail, was produced before the court and the split .....
Tag this Judgment!Court : Karnataka
..... , bangalore, karmika bhavan, dairy circle, bannerghatta road, bangalore - 29, has lodged a private complaint before the same court in c.c.ne.468/2011 for the offences under section 92 of the factories act, making the above said allegations against the occupier of the said premises sri sheikh bhasheer, accused no.4 in the police fir and the said case was ended ..... of the factory by name m/s,hexagon bio-pharma pvt. ltd., one sri arun kumar was discharging his duty in the ii shift. at that time, there was an explosion of fuse as a result of which he suffered injury to his stomach. on the way to the hospital, he succumbed to the injuries. on the same day, at about ..... accused no.4 was prosecuted. the order sheet of the trial court discloses that the accused no.4 herein (petitioner no.4) was convicted for the offences under section 92 of the factories act and sentenced to pay fine of rs.25,000/- for the said offence and in default to under go simple imprisonment for two days. 6. learned counsel for .....
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