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 constitution ..... 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) ..... .k. varshney v. principal, our lady of fatima higher secondary school, (2023) 4 scc539 in the civil appeal no.8783-8784 of 2003 dated july 19, 2007, in which the dispute was one relating to the retirement age of a teacher working in an unaided institution. this court, while dismissing the appeal preferred by the employee .....
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 restrict those operations in the hands of state government companies or undertakings, such as, mysore sales and mysore sugar company limited (appellant in civil appeal no.2169/2007 which was dismissed for non-prosecution by this court on 12.10.2023). thus, mysore sales and mysore sugar were entrusted with the task of 6 bottling arrack ..... ) no.12524 of 2006 was preferred. after leave was granted on 23.04.2007, the same came to be registered as civil appeal no.2168 of 2007.6. sh. avishkar singhvi, learned aag appearing for the appellant submits that section 206c of the income tax act is not applicable in respect of mysore sales which is a public sector undertaking .....
Tag this Judgment!Court : Karnataka
..... 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) ..... is set at naught; appellants w.p.no.1859/2008 (lr) having been favoured, a writ of certiorari issues quashing deputy commissioner s order dated 21.08.2007 coupled with a writ of mandamus to restore appellants names to the revenue records within an outer limit of three months. costs made easy. this court places ..... whatever adverse observations on that point would not bar the appellants from re-agitating the said question; they hasten to add that deputy commissioner s order dated 21.08.2007. this is vociferously controverted by the learned aga. therefore, we need to examine both legal & factual matrices. (b) the land tribunal declined occupancy to the .....
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
..... 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 ..... 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 ..... consideration of the entire matter that the offer of the appellants was rejected. this is evident from the detailed order passed by sebi on 30-4-2007. the letter indicates precisely the exceptional circumstances mentioned by the appellants seeking to withdraw the public announcement. each and every circumstance mentioned was considered by .....
Tag this Judgment!Court : Karnataka
..... is before this court calling in question an order dated 11-11-2014 passed by the xxviii additional chief metropolitan magistrate, bengaluru, in c.c.no.19781 of 2007 registered for offences punishable under sections 138, 141 and 142 of the negotiable instruments act,1881 ( the act for short) and has sought a further direction to expeditiously dispose of c.c.no.19781 of ..... of directors 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 .....
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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