Court : Supreme Court of India
..... money- laundering. the nature of process or activity has now been elaborated in the form of explanation inserted vide finance (no.2) act, 2019. on establishing these foundational facts in terms of 14 section 24 of the 2002 act, a legal presumption would arise that such proceeds of crime are involved in money-laundering. the fact that the ..... against him. (emphasis supplied) the three-judge bench in vijay madanlal choudhary (supra) has apart from article 20(3) also adverted to section 25 of the evidence act. section 25 of the evidence act reads as under:- 25. confession to police officer not to be proved.- no confession made to a police officer shall be proved as ..... 24 26. four decades ago, v.r. krishna iyer, j.in his inimitable style, speaking for this court in nandini satpathy vs p.l. dani and another, (1978) 2 scc424observed as under:- 50. we, however, underscore the importance of the specific setting of a given case for judging the tendency towards guilt. equally emphatically, we stress .....
Tag this Judgment!Court : Supreme Court of India
..... submitted that following the government circulars dated 11th march, 2002 and 29th march, 2003 10 issued by the government of karnataka, the ministry of finance(department of financial services)(welfare section), government of india had also issued a letter dated 17th august, 2005, to the chairman and managing director, state bank of mysore with ..... castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes, and special backward category (regulation of issuance and verification of) caste certificate act, 2000 , which was a special enactment specific to the state of maharashtra. no such enactment exists in the state of karnataka, which, in contrast, had ..... of joining herein of caste service certificate 1. k. nirmala/appellant no.6th february, 26th december, 1 1978 1978 2. k.v. shankar/appellant 17th march, 1978 20th july, 1981 no.23. d.k. prabhakar/appellant 17th march, 1978 24th march, 1981 no.34. s. suresh/appellant no.4 2nd march, 1981 23rd march, 1981 .....
Tag this Judgment!Court : Supreme Court of India
..... government of india for grant of sanction to prosecute mr. yogendra tripathi (ias), managing director, kpcl and mr. r. nagaraja, director (finance) of kpcl and nominee director on the board of kecml under section 19 of the pc act. however, the board of kpcl, which was the sanctioning authority, refused sanction for prosecution of mr. r. nagaraja by passing a detailed ..... and discussed at some length in the arun kumar aggarwal(supra) in the following words: 60. the audit of the union and the states is under section 13 of the act. the scope of the audit extends to the audit of all expenditure so as to ascertain whether the monies shown in the accounts as having been 84 ..... 16th july, 2004 s.o. 824(e) - in exercise of the powers conferred by item(4) of subclause (ill) of clause (a) of sub-section (3) of section 3 of the coal mines (nationalisation) act, 1973 (26 of 1973) the central government hereby specifies as an end use the supply of coal from the coal mines of kiloni, manoradeep and baranj .....
Tag this Judgment!Court : Supreme Court of India
..... in terminating the allotment of the respondent and forfeiting the deposits.11. the ncdrc allowed the complaint holding the respondent to be a consumer under section 2 (7) of the act, relying upon the decisions of this court in lilavati kirtilal mehta medical trust vs. unique shanti 5 developers and others3 and crompton greaves limited ..... ,80,526/- (rupees twenty eight crores eighty seven lakhs eighty thousand five hundred twenty six only) within 30 days.6. the respondent tried to arrange necessary finance for the purpose through financial institutions but failed. the respondent, through the correspondence with the financial institutions, came to know that the flat allotted to him, ..... appellant as latest by 31.12.2018 but was advanced to the first quarter of 2017. thus, in order 10 to make finance arrangements, respondent entered into negotiation with the finance company whereupon it was revealed that the said flat stood already reserved/allotted in favour of one mr. nakul arya. the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
..... were not statutory in nature because the ssd fund is a voluntary contribution made by the sff employees. the tribunal found that the ssd fund was financed by voluntary contributions from sff employees and hence the services rendered therein did not qualify as government service.9. the appellants challenged the tribunal s order by ..... acknowledged that the terms and conditions, including the pay and allowances payable to ssd fund staff, were fixed in march 1978 in accordance with those applicable to the ministerial staff employed in the accounts section of ssf hq estt. no.22. the extension of assured carrer progression (acp) and alignment of terms and conditions with ..... limitations and obligations of the state. it is this strong statutory flavour and clear indicia of power 21 constitutional or statutory, and its potential or capability to act to the detriment of fundamental rights of the people, which makes it an authority; though in a given case, depending on the facts and circumstances, an .....
Tag this Judgment!Court : Supreme Court of India
..... amount towards settlement charges. the respondent paid the said amount. on 07.12.2009, sebi4passed the consent order disposing of the proceedings under section 11(4) and 11b of the sebi act, 1992.9. it is at this stage that the respondent approached the high court by filing writ petition no.406 of 2018 under ..... the basis of a similar complaint. this time, it pertained to the fraudulent activities committed in the initial public offering (ipo) of the shares of infrastructure development finance company ltd. (idfc), which opened for subscription from 15.07.2005 to 22.07.2005. in this first information report (hereinafter referred to as the fir ), ..... bombay which sets out the jurisdiction of single judges and benches of the high court. rule 2(ii)(h), reads as under:- (h) all applications under section 482 of the code of criminal procedure including applications challenging an order for issuing process in a private complaint, except:- i) applications seeking review, modification or setting .....
Tag this Judgment!Court : Supreme Court of India
..... /2017 disposed of on 03.01.2019 and the observations made therein, the parliament has 5 w.p. (c) no.706/2020 amended section 80dd of the act in terms of section 21 of the finance act, 2022. consequently, on attaining the age of 60 years or more by an individual subscriber or a member of an huf, the payment or ..... .1107/2017 (the earlier writ petition), this court disposed of the contempt petition for the reason that the respondent-union of india had amended section 80dd of the act via budget 2022-2023 finance act and therefore, the grievance of the persons like the petitioner had stood addressed though with prospective effect.10. we have also considered the proclamation on ..... copy thereof is furnished along with the return of income. 4 w.p. (c) no.706/2020 by virtue of the finance act, 2022, section 80dd was amended with effect from 01.04.2023, in the following terms: (i) in sub-section (2), for clause (a), the following clause shall be substituted, namely: (a) the scheme referred to in clause .....
Tag this Judgment!Court : Supreme Court of India
..... trial court, after perusing the evidence on record and hearing the parties, passed judgment dated 16.08.2010 whereby it convicted the accused for the offence under section 138, n.i. act and sentenced him to undergo one year simple imprisonment and to pay a fine of rs.38,00,000/- (rupees thirty eight lakhs) as compensation to the ..... receipts shown by the respondent as part re-payment of the loan amount, the contention of the appellant is that one relates to a transaction by one shri laxmi finance and the rest are not genuine due to there being omissions of signature of the cashier, manager, etc. this aspect, it is submitted, has been brushed aside.11 ..... of the appellate court requires interference.15. this court in dashrath rupsingh rathod v state of maha- rashtra, (2014) 9 scc129held that an offence under section 138 of the negotiable instruments act, 1881 is committed no sooner a cheque drawn by the accused on an account being maintained by him in a bank for discharge of debt/liability is .....
Tag this Judgment!Court : Karnataka Dharwad
..... the land, which shall thereupon vest absolutely in the state and there cannot be any restriction on khb.17. it is important to note that section 38 of the khb act is very clear that khb may retain, lease, sell, exchange or other dispose of, any land, building or other property vesting in it ..... in order to prevent arbitrariness or favoritism. however, there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finance of the state. it is expected to protect the financial interest of the state. there can be no question of infringement of article 14 if the ..... of 2016 and1 the commissioner, karnataka housing board, cauvery bhavan, bengaluru.2. assistant executive engineer, karnataka housing board, chanukyapuri, hubballi, dist: dharwad.3. assistant revenue officer, allotment section, karnataka housing board, chanukyapuri, hubballi, dist: dharwad. respondents (by sri. basavaraj v. sabarad, sr. counsel for sri. h.r. gundappa, adv. for r1-r3) this .....
Tag this Judgment!Court : Supreme Court of India
..... and does not involve any page 5 of 25 service to the state in terms of promotion or marketing under the explanation to section 65(19)(ii) of the finance act, 1994 as amended by the finance act, 2008. the tickets sold were mainly for lotteries organized by the states of kerala and sikkim as well as the government of ..... sought to levy service tax on the premise that the activity which the appellants were/are carrying on was a business auxiliary service within the definition of section 65(19) of the finance act, 1994 and therefore, chargeable to service tax. the same was resisted by these appellants by filing writ petitions before the high courts. 3.9 ..... the main provision which defines business auxiliary service and also contrary to the judgment of this court in sunrise associates and having regard to clause (50) of section 65 of the finance act, 1994. no doubt the explanation was omitted with effect from 01.07.2010. however, these cases pertain to the period prior to 01.07.2010. therefore .....
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