Court : Karnataka
Decided on : Apr-21-2011
..... the revenue against the impugned order is maintainable u/s.35 g of the act before the high court. finance act 1994: 9. chapter v of the finance act 1994 for the first time provided for law of service tax. the said chapter was made applicable to taxable services provided on or after the commencement of ..... wilson kirkpatrick (india) private limited the assessee is providing taxable services under the category of consulting engineer service and are duly registered under the finance act, 1994. the assessee entered into a contract agreement captioned as project coordinating consultancy services for karnataka state highways improvement project. in pursuance of the said ..... the said chapter. service tax was defined as tax chargeable under the provisions of this chapter as per .....
Tag this Judgment!Court : Telecom Disputes Settlement and Appellate Tribunal TDSAT
Decided on : Jan-05-2011
..... one fact, regard the other as proved, and shall not allow evidence to be given for the purpose of disproving it. section 5 contained in the chapter ii of the said act states that the evidence may be given in respect of facts in issue and relevant facts. it reads as under : 5. evidence may be given ..... coercion, undue influence, fraud, misrepresentation or mistake. section 15 which reads as under : 15. coercion defined.coercion is the committing, or threatening to commit, any act forbidden by the indian penal code (xlv of 1860), or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention ..... arjun v. i. shankaraiah) air 1977 jandk 61(dewan chand barbar vs. m/s jay pee finance) we, therefore, are of the opinion that both evidentiary admission and judicial admission would come within the purview of the evidence act in terms of its provisions, as noticed heretobefore. in regard to the filling of proof, the allahabad .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Jan-10-2011
..... on the order of a competent court to any form of punishment recognised by any existing law shall not be a contravention of the provisions of this chapter. (the said chapter iii refers to fundamental rights) let us now join article 105(2) to article 16: 105(2) all courts, tribunals and institutions created and established ..... chief justice for minister of justice as being empowered to nominate the bench of the supreme court at bar. most of the other provisions of the original act were preserved which included a restricted admissibility of confessions made to police officers, statements made in the course of investigation and such other provisions and in ..... of constitutional governance in sri lanka, summarizes bribery commissioner v ranasinghe in the following terms: the basic issue before the privy council was whether the bribery amendment act- which was passed by a simple majority- was constitutional and was therefore valid, in the light of articles 53 and 55 of the constitution. at pg 120 .....
Tag this Judgment!Court : US Supreme Court
Decided on : Jan-10-2011
..... at 463 465, and n. 26 (concluding that the challenged law was analogous to the wiretapping provisions of title iii of the omnibus crime control and safe streets act of 1968, notwithstanding the lack of a warrant requirement ). footnote 9 state and lower federal courts have offered a number of different interpretations of whalen and nixon over the years. ..... . s. 347 (1967); camara v. municipal court of city and county of san francisco, 387 u. s. 523 (1967); and terry v. ohio , 392 u. s. 1 (1968)).[ footnote 8 ] the court announced the decision in nixon in the waning days of october term 1976. since then, the court has said little else on the subject of an ..... may bear on suitability for government employment or a security clearance. ibid . all responses to sf 85 and form 42 are subject to the protections of the privacy act. the act authorizes the government to keep records pertaining to an individual only when they are relevant and necessary to an end required to be accomplished by law. 5 u. s .....
Tag this Judgment!Court : Chennai
Decided on : Jan-12-2011
..... termination is due to some other cause, he would be entitled to one month's notice. she pointed out that the said chapter specifically refers to the applicability of the industrial disputes act. paragraph 1501 defines who are all temporary railway servants and it specifically excludes casual labour, including casual labour with temporary status, the ..... pandian, learned counsel appearing for the railway administration relied on the following decisions:(i) air 1964 sc 1854 (champaklal chimanlal shah v. the union of india);(ii) air 1968 sc 1089 (the state of punjab and another v. sukh raj bahadur);(iii) (1994) 2 scc 323 (m.venugopal v. divisional manager, life insurance corporation of ..... the protection of article 311(2) of the constitution of india. thus, the decisions relied on by the learned counsel appearing for the second respondent reported in air 1968 sc 1089 (the state of punjab and another v. sukh raj bahadur), air 1964 sc 1854 (champaklal chimanlal shah v. the union of india), (1994) .....
Tag this Judgment!Court : Delhi
Decided on : Jan-14-2011
..... were for determination of the mutual claims of the appellant and the respondent arising out of the contract contained in the acceptance of tender dated july 16, 1968. the question whether any amounts were payable by the appellant to the respondent under other contracts was not the subject matter of the arbitration proceedings. the court ..... been bestowed on the court under the 1940 act. in sundaram finance ltd. vs- nepc, (1999) 2 scc 479, the hon'ble supreme court, while distinguishing the provisions of 1940 act from the a&c; act, observed thus the 1996 act is very different from the arbitration act, 1940. the provisions of this act have, therefore, to be interpreted and construed ..... the status quo albeit with protection. russell on arbitration, 21st edition, in chapter 7-128 opined that the power to grant a mareva injunction or a mandatory injunction is available to the court in light of section 44 of the english arbitration act, 1996. it seems to us that there is a general consensus of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-14-2011
..... 25. pw2 shri sudhir bhathla, director of bathla & company ltd. has stated that in june, 1997 they had approved loan application of mr. b.b.sabharwal and had agreed to finance him for rs.20 lakhs. ex. p5/1 is the copy of the application approved by them in this regard. he further stated that heena sabharwal, daughter of mr. b ..... sure. she, thereafter, stated that whatever permissions required to be sought, were to be obtained by her lawyer and she was not aware whether her lawyer had obtained permission under chapter xxii of the income tax act. it is, thus, quite obvious that the defendant did not apply for requisite income tax clearance under section 230a of the income tax ..... leads to inevitable dismissal of the suit. the view taken by the privy council was approved by supreme court in premraj vs. dlf housing and constriction pvt. ltd. air 1968 sc 1355.21. in his affidavit by way of evidence, plaintiff no.1 shri b.b. sabharwal has stated that at the relevant time he held 240 equity shares of .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2011
..... .11.1989 was executed between the parties. various permissions were to be obtained by the parties from different departments and authorities including the appropriate authority under chapter xx-c of the income tax act, 1961, dda and the rbi for enforcement of the agreement to sell. 5. the above-said appropriate authority i.e the income tax department by ..... to be set up.34. in andhra sugars ltd. and anr. v. state of andhra pradesh, air 1968 sc 599, the supreme court has observed that the compulsion of law is not coercion as defined in section 15 of the contract act, 1872. 35. in siddheshwar sahakari sakahar karkhana ltd. v. cit,(2004) 12 scc 1, the supreme ..... the appropriate authority duly granted the no objection certificate' vide its order dated 24.03.1993. the requisite permission was obtained from the appropriate authority under chapter xx-c of the income tax act.(ii) permission from rbi on 29.04.1987, an application was made by the defendants to the rbi under section 31(1) of the fera, .....
Tag this Judgment!Court : Delhi
Decided on : Jan-21-2011
..... the case of males.the property of a male hindu dying intestate shall devolve according to the provisions of this chapter (a) firstly, upon the heirs, being the relatives specified in class i of the schedule; (b) secondly, if there is no heir of class i, then upon ..... on plot no.45 at sant nagar, new delhi, by using his retirement fund for this purpose along with the loans taken from relatives, friends and sahara investment and finance company. regarding the agricultural land in ropar, it has been alleged in the written statement of defendant no.1 that the aforesaid ancestral land was divided between him, his ..... husband of the plaintiff acquired any share in the aforesaid agricultural land merely by virtue of his being a son of defendant no.1. section 8 of hindu succession act, which deals with succession of the properties left by a male hindu dying intestate is relevant in this regard and reads as under:-general rules of succession in .....
Tag this Judgment!Court : Gujarat
Decided on : Jan-24-2011
..... pretext of providing relief to the affected persons, banned militant organizations established contacts with the religious leaders and other leaders of the community and for providing finance and other help, a conspiracy to terrorize a particular community was hatched. one of the objects of such offence was to purchase weapons and to ..... appellant. the enquiring officer was a high-ranking police officer and it is surprising that simply because he was technically not exercising powers under chapter xiv of the criminal procedure code in that a formal first information report had not been lodged he overlooked or deliberately over-stepped the limits of investigation ..... , home department, gandhinagar for sanction u/s.50 of pota.exh.234pw-36ms. urmila dhansukhlal patel, district magistrate granting consent under the explosive substance act to prosecute in cases of vejalpur and kagdapith police stations.exh.273pw-37hareshkumar prafulchandra agrawat, p.i. crime branch and investigating officer of all the cases .....
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