Court : Chennai
..... alleged offence under sections 120-b r/w 420 ipc and section 13(1)(d) of the prevention of corruption act, 1988. 2-3. the main allegation against the accused persons is that during the period from 2009-2011, the petitioner herein (a2) criminally conspired with the 1st accused, who is working as licensing authority-cum-controlling authority ..... granted by the 1st accused for new drugs. for grant of approval/permission for manufacturing a new drug, a sum of rs.50,000/- should be remitted to the central government towards fees; but, in the instant case, no fee was remitted, which resulted in loss to the government of india. 4. the allegation against the petitioner ..... his contention that principal cannot be held responsible for every at done by an agent. but, i find that the said judgment was delivered under the companies act (special act) and in that case, the petitioner therein resigned from the directorship of the company and he also executed a power of attorney in favour of one gopalakrishnan, .....
Tag this Judgment!Court : Chennai
..... a suit against any person denying or interested to deny his title to such right, for a declaration of his rights under chapter vi of the specific relief act, 1963 (central act 47 of 1963); and the entry in the patta pass-book shall be amended in accordance with any such declaration." 19. in view of the proviso to ..... this connection, it is useful to refer the decision of the hon'ble division bench of this court reported in vishwas footwear company ltd. v. the district collector and others, 2011 (5) ctc 94 (db) cited supra ..... ***** ***** ***** ***** 22. in view of the categorical pronouncements made by the hon'ble division bench of this court as cited ..... 15. the learned counsel for the petitioner, in support of his submissions, has placed reliance on the decision in sabesan chettiar v. the district revenue officer reported in 2011 (5) ctc 241. 16. per contra, mr.r.govindasamy, learned special government pleader appearing for the respondents 1 and 2 has invited the attention of this court .....
Tag this Judgment!Court : Chennai
..... one. 57. the aforesaid reference was answered by the division bench of this court in k. rajamanickam and others vs. state of tamil nadu, inspector general and superintendent, central prison, [2015 (3) mwn (cr.) 379(db)] (for brevity rajamanickam ) which agreed with the interpretation of the said expression by janarthanam, j. and held ..... has been affirmed by a division bench of this court in r.ramachandran v. the principal secretary to government, home department, secretariat, chennai and 2 others [2011 scc online mad 883] (for brevity ramachandran ) and therefore, this court cannot refuse to follow the judgment of the supreme court in sakiri vasu. 13. ..... do not register an fir, the magistrate can initiate prosecution against the station house officer under section 21 read with section 44 of the district police act before the chief metropolitan magistrate or the chief judicial magistrate. such a prosecution can also be launched by the complainant before the chief metropolitan magistrate or .....
Tag this Judgment!Court : Chennai
..... wrong. it is a social wrong and it has immense societal impact. it is an accepted principle of handling of finance that whenever there is manipulation and cleverly conceived contrivance to avail of these kind of benefits it cannot be regarded as ..... already in the final stage. 28. also, this court aptly points out the decision of the hon'ble supreme court in central bureau of investigation v. maninder singh reported in 2016 (1) supreme court cases at page 389 and at special page 394, ..... this court worth recalls and recollects the decision of the hon'ble supreme court in gian singh v. state of punjab and another [2011 (2) mlj (crl.) 201 (sc)], whereby and whereunder, it is observed that 'non compoundable offences cannot be permitted to be ..... mortgaged property of both land and building at no.22 havelock road, ooty and no.547 anna salai, chennai under sarfaesi act and appropriated the proceeds of the sale by 'auction' and recovered their dues owed by the petitioners/accused. however, this .....
Tag this Judgment!Court : Chennai
..... state may, by law, provide. 50. the main thrust of argument of the learned senior counsel for the petitioners is that vide the above amendment acts, the 2011 census having been given a go-by and the 2001 census having been directed to be followed for the current elections to the local bodies, it ..... court feels that the state election commission may try and identify the vulnerable areas/polling booths/localities throughout the state and in those places, try to induct central government employees as polling officers and observers so that the sanctity of the election is not questioned. further, such an exercise would also avoid multiplicity of ..... a writ of mandamus directing the respondent to (1) appoint independent district election officers who are not working under the state government such as officials of central government or public sector undertakings or deputes from out-states exclusively for local body election to conduct free and fair election instead of the present district collectors; .....
Tag this Judgment!Court : Chennai
..... such authority to apply to the collector (appeals) for the determination of such points arising out of the decision or order as may be specified by the collector of central excise in his order and there is a further right of appeal to the department. the position now, therefore, is that, if any order passed by an assistant ..... in support of his contention, the learned counsel for the petitioner produced the following decisions:- (i) union of india vs. kamalakshi finance corporation reported in 1991(55) elt 433 sc. (ii) w.p(md)no.24495 of 2011 in m/s supra bio tech vs. the chief commissioner of customs. (iii) w.p.no.9284 of 2006 (pushpanjali silks private ..... export be reducing the redemption fine and personal penalty. it appears that the department has not accepted the order and has filed revisions under section 129dd of the customs act, 1962. however the proof of filing such revision has not been readily placed before this court though it has been stated that the date of filing of the .....
Tag this Judgment!Court : Chennai
..... for the determination of such points arising out of the decision or order as may be specified by the board in its order. under subsection (2) the collector of central excise, when he comes across any order passed by an authority subordinate to him, if not satisfied with its legality or propriety, may direct such authority to apply ..... in support of his contention, the learned counsel for the petitioner produced the following decisions:- (i) union of india vs. kamalakshi finance corporation reported in 1991(55) elt 433 sc. (ii) w.p (md)no.24495 of 2011 in m/s supra bio tech vs. the chief commissioner of customs. (iii) w.p.no.9284 of 2006 (pushpanjali silks ..... export be reducing the redemption fine and personal penalty. it appears that the department has not accepted the order and has filed revisions under section 129dd of the customs act, 1962. however the proof of filing such revision has not been readily placed before this court though it has been stated that the date of filing of the .....
Tag this Judgment!Court : Chennai
..... and desirable to compensate the states for the proportionate loss of sales tax incurred by them. thus, even before section 15 was brought into force, the central government decided to pass an act to provide for the levy and collection of additional duties of excise on certain goods and for the distribution of a part of the net proceeds thereof among ..... 1st march 2001], the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts the goods ..... chapters 1 to 99 in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962) and in supersession of the notification of the government of india in the ministry of finance (department of revenue), no.17/2001-customs, dated the 1st march 2001 [g.s.r.116(e), dated the .....
Tag this Judgment!Court : Chennai
..... such transaction as a whole having far-reaching effect on the economy of the country cannot be ignored, purely restricting it to individual transactions, more particularly when financing is through banks and financial institutions utilizing the money for the people in general, namely, the depositors in the banks and public money at the disposal of ..... bank also invited the attention of this court to the decisions of the hon'ble apex court in narayan chandra ghosh vs. uco bank and others reported in (2011) 4 scc 548 and standard chartered bank vs.dharminder bhohi and others reported in (2013) 15 scc 341, and submitted that the interim order of this ..... to entertain writ petitions. at this juncture, we wish to state that the scheme of the act, which envisages, a final fact finding authority, the tribunal should not be dysfunctional, because of the fact that, there is no presiding officer. central government should take steps to appoint a suitable person, otherwise high court would be burdened. .....
Tag this Judgment!Court : Chennai
..... credit. it further appears that the assessee are liable for penal action under rule 15 of the cenvat credit rules, 2004 read with section 78 of the finance act, warranting invocation of suppression and wilful mis-statement of taxable value of services." 9. the petitioner submitted their reply to the show-cause notice vide letter dated ..... period of limitation is invocable in the instant case. 5. firstly, it has to be pointed out that the question of limitation in these matters, especially, in central excise and service tax matters is not essentially a pure question of law, but a mixed question of fact and law. therefore, question whether extended period of ..... quash the same as arbitrary and illegal.) 1. heard mr.s.joseph prabakar, learned counsel appearing for the petitioner and mr.n.senthilkumar, junior standing counsel for central excise, accepting notice on behalf of respondents. with the consent of the learned counsel on either side, the writ petition itself is taken up for disposal. 2. .....
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