Court : Supreme Court of India
..... united arab emirates, was purportedly approached by the respondents to finance a telecommunication project undertaken by telesuprecon nigeria limited (tnl). accordingly, the memorandum of understanding (mou) which forms the basis of the petition under section 11(6) of the arbitration and conciliation act 19961 was executed on 1 june 2004. tnl was represented ..... claim is barred by limitation lies 3 ap15of 2023 ordinarily within the domain of the arbitral tribunal. however, a court exercising jurisdiction under section 11(6) of the act may reject ex facie non-arbitrable or dead claims, to protect the other party from being drawn into a protracted arbitration process,2 ..... civil) no.10 of202314 the companion arbitration petition, namely (arbitration petition no.15 of 2023) has 7 section 21, arbitration and conciliation act, 1996. 8 section 46(1), arbitration and conciliation act 1996; article 55 of the schedule, limitation act, 1963. 9 sri krishna agencies v. state of a.p., (2009) 1 scc69 para 7. .....
Tag this Judgment!Court : Supreme Court of India
..... school is established.29. the state of himachal pradesh, respondent 3 in this appeal, is thus empowered to make rules under sub- section (3) of section 23 read with section 38(2)(l) of the 2009 act prescribing the salary and allowances payable to, and the terms and conditions of service of, teachers. article 39(d) of the ..... be maintainable against (i) the government; (ii) an authority; (iii) a statutory body; (iv) an instrumentality or agency of the state; (v) a company which is financed and owned by the state; (vi) a private body run substantially on state funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii ..... against (i) the state (government); (ii) an authority; (iii) a statutory body; (iv) an instrumentality or agency of the state; (v) a company which is financed and owned by the state; (vi) a private body run substantially on state funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii .....
Tag this Judgment!Court : Supreme Court of India
..... the retail sale price is fixed by the state government in terms of the 1967 rules. the margin would depend upon various factors. 4.5. section 206c was inserted in the income tax act by the finance act, 1988 with effect from 01.06.1988. it casts an obligation on the seller of alcoholic liquor etc. of deducting tax at source (tds ..... to time with prior approval of the government and the same shall be communicated to the persons concerned.13. from the above conspectus, we find that under section 17 of the excise act, the state government grants lease of right to any person for manufacture etc. of liquor, arrack in this case. the licencing authority i.e. excise ..... of licenses) rules, 1967 (already referred to the 1967 rules hereinabove) have been framed by the government of karnataka in exercise of the powers conferred by section 71 of the excise act. rule 2 of the 1967 rules deals with selling of arrack of prescribed strength etc. by the licensee. rule 2(1) says that every licensee 20 .....
Tag this Judgment!Court : Karnataka
..... date, the lands in respect of which the petitioner-company claimed occupancy rights, stood transferred to and vested in the state government with the consequences mentioned in sub-section 920 of section 44 of the act. we accordingly record and our finding on point no.1. this finding would be sufficient to dismiss writ appeal no.1867 of 1989. (d) to us, ..... of some are bound to be effective one way or the other... the right of the state to have the tenanted land vested in it in terms of section 44(1) of 1961 act, thus has been lost to the advantage of the appellants.-. 36 - w.a. no.4312 of 2017 in the above circumstances, this appeal being meritorious, succeeds; ..... the state by operation of law; appellants are wrong in arguing that these findings do not suffer res judicata since in any claim for occupancy in terms of sec.48a of the 1961 act, only three questions are involved viz., whether land is agricultural, whether it is tenanted and whether it was tenanted as on the cut off date; all these .....
Tag this Judgment!Court : Karnataka
..... additional state public prosecutor would vehemently refute the submissions to contend that filing of additional or supplementary charge sheet is available in law for the prosecution under sub-section (8) of section 173 of the cr.p.c. he would further emphasize on the fact that the prosecution perhaps was not aware of the order of discharge in favour ..... police, and immediately the police came to the spot and questioned the persons present there and it was revealed that the aforesaid subramani had indulged in such illegal act, and he started to make certain claims for which the police asked him to bring all the documents in his custody to the police station the next day. ..... & 16.12.2019 on the basis of the aforesaid documents and also taking advantage of the that i am aged 79 years, they have indulged in the above acts. further, when i visited my property, certain unscrupulous persons again came near my property and threatened me with dire consequences if i did not sell the property and .....
Tag this Judgment!Court : Karnataka
..... , this court considered the material on record and framed the following substantial question of law: whether the courts below have considered the mandate under section 20 of specific relief act, 1963 in the light of the evidence on record?. 5. the counsel appearing for the appellants during the course of his argument would vehemently ..... of cpc and 11 not exercised the discretion properly. the counsel also would vehemently contend that the first appellate court not properly appreciated the section 20 of specific relief act and only a formal discussion was made in the paragraph no.34 and not discussed the evidence available on record with regard to the exercising ..... would be giving a premium to the dishonest conduct on the part of the defendant/executant of the agreement to sell. even the discretion under section 20 of the act is required to be exercised judiciously, soundly and reasonably. the plaintiff cannot be punished by refusing the relief of specific performance despite the fact that .....
Tag this Judgment!Court : Karnataka
..... his known sources of income i.e. his salary. those will be matters specially within the knowledge of the public servant within the meaning of section 106 of the evidence act, 1872. section 106 reads: when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. in this connection ..... acquisition of the aforesaid properties and hence, it is proved by the prosecution that accused is guilty of committing the offence punishable under section 13(1)(e) read with section 13(2) of pc act.77. therefore, in my considered view, the prosecution has been able to establish the guilt of the accused beyond all reasonable doubt. ..... possessed by the public servant. this burden is on the accused as the said facts are within his special knowledge. section 106 of the evidence act applies. the explanation to section 13(1)(e) is a procedural section which seeks to define the expression known sources of income as sources known to the prosecution and not to the accused. .....
Tag this Judgment!Court : Karnataka
..... accordingly repelled. i am in respectful agreement with what the learned single judge of the high court of madhya pradesh has held, interpreting sub-section (2) of section 14 of the act. principles of natural justice, is trite cannot be stretched to unlimited extent. but, it is equally trite that when consequences thereof are grave, ..... to issuance of a show cause notice but a personal hearing in the peculiar facts of the case owing to the peculiarity of sub-section (3) of section 14 of the act must have been afforded to the petitioner. non-affording of personal hearing to the petitioner has rendered the order unsustainable and the unsustainability ..... ) receiving domestic funds into its utilization accounts. (v) utilization of foreign contribution for personal gain by transfer of vehicle; and (vi) misuse of foreign contribution to finance wild kaapi llp . the reply submitted by the petitioner thereto, again as averred in the petition, can be broadly classified as follows: (i) the petitioner has .....
Tag this Judgment!Court : Karnataka
..... transaction amount should be stalled on account of the company being wound up. the entire statutory fulcrum of the lis, lies in section 446 of the 14 companies act. section 446 of the companies act, reads as follows: 446. suits stayed on winding up order.- (1) when a winding up order has been made ..... of the company would not get stalled or absolved on an order being passed under section 446(1) of the companies act. a three judge bench of the apex court in a judgment rendered in the case of ajay kumar radheyshyam goenka v. tourism finance corporation of india limited2, has held as follows: . . .104. in indorama ..... synthetics (i) ltd. v. state of maharashtra [indorama synthetics (i) ltd. v. state of maharashtra, 2016 scc online bom 2611]. , the question that arose before the bombay high court was whether the 2 (2023) 10 scc54522 expression suit or other proceedings mentioned in section 446(1) of the companies act .....
Tag this Judgment!Court : Karnataka
..... for issuance of writ of certiorari to set aside the impugned order at annexure-'a' dated 26.12.2023, whereby the appeal filed under section 107(11) of the kgst/cgst act, 2017 ('the act' for brevity) was dismissed on the ground that the appeal was filed beyond time and the delay was such that it would be ..... beyond the time that was condonable under section 107(4) of the act.2. the facts on record would indicate that the refund order of the petitioner came to be rejected on 03.03.2022 which order was served ..... bengaluru - 560 058 (represented by arindam lahiri head of taxation) incorporation under rule29of the companies act petitioner (by sri. syed m. peeran, advocate, sri rohan karia, advocate and sri nischal k.m., advocates) and:1. state of karnataka through its principal secretary finance department vidhana soudha bangalore - 560 001 2. the commissioner of commercial taxes vanijya therige karyalaya .....
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