Court : Karnataka
Decided on : Jul-22-2014
..... expressly or by necessary intendment, applies the said provisions to the subsequent act." (emphasis supplied) 21. in that case, the position was that the prevention of corruption act, 1947 adopted the definition of public servant from section 21 of the indian penal code. the question was whether the subsequent amendments made in 1958 and 1964 to section 21 of the penal code enlarging the ..... definition of "public servant", could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of "criminal misconduct", while .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-22-2014
..... expressly or by necessary intendment, applies the said provisions to the subsequent act." (emphasis supplied) 21. in that case, the position was that the prevention of corruption act, 1947 adopted the definition of public servant from section 21 of the indian penal code. the question was whether the subsequent amendments made in 1958 and 1964 to section 21 of the penal code enlarging the ..... definition of public servant , could be read into the prevention of corruption act, 1947. though it was held that the 1947 act dealt with a specific offence of criminal misconduct , while .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-22-2014
..... been convicted by the court of additional sessions judge, azamgarh under sections 147, 148, 149 read with sections 302, 120b of the indian penal code (45 of 1860) (hereinafter referred to as ipc ) and section 7 of criminal law (amendment) act, 2013 and they have been awarded sentence of imprisonment for life with fine. altogether seven accused have been convicted; however bail is granted ..... to show cause has been satisfied. the provisos to section 389 were introduced mainly pursuant to the 154th report of the law commission of india submitted in 1996. the amendments were introduced by act 25 of 2005 and they have come into effect from 23.06.2006. the law commission recommended for addition of two provisos. the recommendation reads as follows: 47 .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-22-2014
..... equipments safety equipments, safety masks etc. the suppliers of trading goods of the company both foreign as well as domestics. the clients of the company include indian ordinance authorities, drdo barc apart from other private corporate. during the scrutiny proceedings in the past assessment years as well as pending scrutiny proceedings for assessment year ..... well as the status of additions made in the past assessment years, it was decided to undertake action u/s. 133a of the i.t. act to find out further evidences strengthening the bogus purchase transactions. the result of survey clearly brings out findings supporting and strengthening the evidences regarding the bogus ..... of opinion was considered in the following manner. (extracted portion of the order) "accordingly, in the course of statements recorded u/s.131 of the it act, 1961, some of the parties denied of having any transaction with the assessee and admitted of issuing bogus purchase bills by passing the accommodation entires in .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-23-2014
..... concluded outside india. we are as such of the opinion that even without the amendment introduced by the finance act, 2010, the liability of the foreign resident to taxation under the indian laws was there. the amendment introduced by the finance act, 2010 has specifically been made with retrospective effect from 1st june, 1976. these ..... are clarificatory amendments. they always have a retrospective effect. they have been made retrospective. place. in this case expressly in the ..... that the explanation under sub-section (2) of section 9 of the income tax act was inserted by the finance act, 2010 albeit with retrospective effect from 1st june, 1996. he contended that the assessee could not have foreseen the amendment to be made in the year 2010. the transaction, in fact, took place .....
Tag this Judgment!Court : Delhi
Decided on : Jul-23-2014
..... discretionary power under the proviso of section 376(2) of indian penal code.23. it is imperative to mention that the legislature through the criminal law (amendment) act, 2013 has deleted this proviso in the wake of increasing crimes against women. though, the said amendment will not come in the way of exercising discretion in this ..... state of haryana 2013 (10) scale595wherein the issue involved was whether the high court of punjab & haryana was justified in taking recourse to section 376(2) ipc to impose the sentence less than the prescribed minimum. while summarising the law on the subject, the apex court had also commented on the circumstances of the victim ..... be quashed. we order accordingly. 14. in yogesh handa s case (supra), the high court of punjab & haryana quashed the fir under sections 376/506 ipc for the reason that petitioner had solemnised the marriage with the victim and they were happily living together, therefore, the continuation of fir and criminal proceedings emanating .....
Tag this Judgment!Court : Chennai
Decided on : Jul-23-2014
..... any interference at the hands of this court. 7.i have considered the above submissions. 8.under section 47-a of the act, which was inserted by means of a local amendment by the tamil nadu act 24 of 1967, in the event, the registering officer has reason to believe that the market value of the property of which ..... no such power at all. in order to substantiate his contention, the learned counsel has taken me through the provisions of the indian stamp act, 1989, (hereinafter referred to as ".the act".) more particularly section 47-a of the act and the tamil nadu stamp (prevention of undervaluation of instruments) rules, 1968 (hereinafter referred to as ?.the rules?.).the learned counsel ..... refer to the rules. rule 3(2-a) of the rules states that if the market value of the property, as required by sub section 27 of the indian stamp act, is not set forth in the instrument, where the property dealt with therein is a single item or the statement coming market value of each property separately as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-23-2014
..... view, providing for a period of one year makes the restriction reasonable. . while repelling the challenge to the provisions of section 25-o of the act, which stood incorporated by the amendment act no.46 of 1982, it was held that merely because genuineness and adequacy of the reasons stated by the employer could not mean that permission to close ..... decided on its own facts on the basis of circumstances prevailing at the relevant time while upholding the amended section 25-o of the act. the relevant observations read thus:- 18. we also see no substance in the contention that the amended section merely deals with the procedural defects pointed out in excel wear's case and does not ..... deal with the substantive grounds set out in excel wear's case. in our view amended section 25- o is .....
Tag this Judgment!Court : Rajasthan Jodhpur
Decided on : Jul-23-2014
..... legal profession. 38. considering the traditionally recognised role of counsel in the common law system, and the evil sought to be remedied by parliament by the c.p.c.(amendment) act, 1976, namely, attainment of certainty and expeditious disposal of cases by reducing the terms of compromise to writing signed by the parties, and allowing the compromise decree to ..... the view that the words 'in writing and signed by the parties', inserted by the c.p.c.(amendment) act, 1976, must necessarily mean, to borrow the language of o.iii, r. 1, c.p.c.: any appearance, application or act in or to any court, required or authorized by law to be made or done by a party in ..... the question, unless the court, for reasons to be recorded, 5 thinks fit to grant such adjournment.].[explanation.- an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872).shall not be deemed to be lawful within the meaning of this rule.]. . from a bare reading of the above provision, it is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2014
..... matters of contempt, it shall be open to the court to permit a defence of justification by truth.3. the government has been advised that the amendments to the contempt of courts act, 1971 to provide for the above provision would introduce fairness in procedure and meet the requirements of article 21 of the constitution.4. section 13 of ..... pretext that the commission did not have the power to call them this in the face of clear judgments to the contrary; then invoking a section of the indian evidence act which applies to a person making a dying declaration; ignoring the fact that the man who is said to have been benefited has lost rs.55 lakh ..... petition (crl.) no.11 of1990dr. subramanian swamy petitioner vs. arun shourie respondent with contempt petition (crl.) no.12 of1990judgment r.m. lodha, cji. in the issue of indian express of august 13, 1990, an editorial was published bearing the caption if shame had survived . the editorial reads as under: if shame had survived the legal opinion that .....
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