Court : Karnataka
Decided on : Apr-11-2014
..... anr. v. state of karnataka and ors. [air 2006 scw 4132], the hon'ble supreme court, on noting the preamble of the act, statement of objects as well as the reasons of the amending act, observed that the object of the act is to secure establishment of industrial areas and orderly development of industries therein and to create facilities which contribute to the development ..... on consideration of definition of "applicable acts" in clause (ia) of section 2 of the act. "applicable acts' means factories act, 1948, boilers act, 1923, contract labour (regulation and abolition) act, 1970, employees state insurance act, 1948, minimum wages act, 1948, payment of bonus act, 1965, payment of wages act, 1936, maternity benefit act, 1961, gratuity act, 1972, equal remuneration act, 1976 and karnataka shops and commercial establishments act, 1961. a reading of the names .....
Tag this Judgment!Court : Patna
Decided on : May-16-2014
..... undergo rigorous imprisonment for a period of three years each. similalry, the appellant sipahi koeri has also been convicted for offence under section 323 of the indian penal code and sentenced to undergo rigorous imprisonment for one year. all the appellants however in view of committing their respective offence in course of same transaction ..... trial no. 270/61 of 1978/1985, whereby and whereunder, the appellant ram sanehi mishra and basgit koeri have been convicted under section 302 of the indian penal code for committing offence of murder of baliram mishra while the remaining appellants, namely, raja mishra, gobardhan koeri, aliyar koeri and sipahi koeri were convicted ..... the form of injured eyewitness claiming not only the presence of appellant ram saehi mishra at the place of occurrence but also ascribing him with specific overt act cannot be disbelieved. 59. thus, the presence of the appellant ram sanehi mishra at the place of occurrence and his participation in the occurrence upon .....
Tag this Judgment!Court : Delhi
Decided on : Aug-14-2014
..... is any scope therefor. a clarification may be made where the same is needed.30. we will assume that despite the amendments made by the code of civil procedure. (amendment) act, 1976, amendment of pleadings being procedural in nature, the same should be liberally granted but as in all other cases while exercising discretion by ..... an inconsistent plea which would displace the plaintiff completely from the admissions made by the defendants in the written statement cannot be allowed. if such amendments are allowed in the written statement plaintiff will be irretrievably prejudiced by being denied the opportunity of extracting the admission from the defendants. in that case ..... dated 7th april 1967 the plaintiff worked as their stockist-cum-distributor. after three years the defendants by application under order vi rule 17 sought amendment of written statement by substituting paragraphs 25 and 26 with a new paragraph in which they took the fresh plea that plaintiff was mercantile agent-cumpurchaser .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-04-2014
..... no.4274 of 2010) before the high court of delhi, the amount calculated towards the tax liability is the aggregate of :- (a) an amount of inr177424,866 (indian rupees one hundred and seventy- seven million four hundred and twenty four thousand eight hundred and sixty six only) towards service tax chargeable and payable to the government of ..... in section 65(105)(zzzz). thereafter section 65 (105)(zzm) of the finance act, 1994 was amended with effect from 01.07.2010 and section 65 (105) (zzzz) of the finance act, 1994 was also amended with retrospective effect from 01.06.2007. in view of the amended clause 65 (105) (zzzz), service tax was levied retrospectively from 01.06.2007 ..... licence fee and also a share of the gross revenue generated by various products categories which were to be sold at the duty free shops.3. the finance act, 2007 introduced the levy of service tax on services in relation to renting of immovable property through the introduction of section 65(90)(a). the charge of service .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-30-2014
..... p. nagrath, j.the appellant and two others were tried of the charge under section 15 of narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and section 353 of the indian penal code (ipc) for having assaulted the members of police party at the time of their apprehension. the trial court acquitted the accused persons under ..... balwinder singh @ billi were acquitted of the charge under section 15 of the act whereas the appellant stood jitender kumar 2014.07.03 16: ..... section 353 ipc by holding that none of the police officials had in fact suffered injuries in the scuffle. co-accused satpal and .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-10-2014
..... of bihar, 1995 scc(cri) 60 while interpreting the provisions of section 120-a and 120-b of the ipc holding that criminal conspiracy envisages an agreement between two or more persons to commit an illegal act or an act which by itself may not be illegal but the same is done or executed by illegal means. while placing reliance ..... trial court which has fell into an error by misconstruing and misreading evidence proved on record. though the accused had been charged for commission of offence under section 387 ipc for extortion. however, having regard to the fact that under this extortion, the accused have murdered the deceased and being aggravated form of extortion the case falls ..... except that there is difference in the degree of the crime, no prejudice is likely to be caused to the accused. thus we convict them under section 386 ipc instead. certainly the main findings of acquittal qua surinder singh son of ishwar singh, surinder pehalwan son of dalip singh, tiwana dalbir singh 2014.02.20 17:05 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-12-2014
..... how he came in possession of said 12 bore country made pistol. these facts were within the special knowledge of the accused. therefore, under section 106 of the indian evidence act, the burden of explaining the said fact was upon the accused. learned counsel for the appellant has vehemently argued that it is not proved that 12 bore country made ..... 815-db of 2008 -15- the crime beyond all reasonable doubts. the courts are also to consider the presumption, which can be raised against the accused under the indian evidence act and other enactments, where the accused is required to explain certain facts or circumstances of the case. the court can also examine the facts as to whether the ..... at surinder geong in order to kill him. he was apprehended at the spot and fir no.511 dated 22.11.2004 under sections 307/34 ipc and section 25 of the arms act was registered at police station city, kaithal. when the accused was arrested in the court premises at kaithal after shoot out, his search had resulted .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Feb-19-2014
..... as it may, there can be no dispute that the provisions of rule 6-a onwards of order 8, c.p.c. were inserted by the code of civil procedure (amendment) act, 1976 w.e.f. 1-2-1977 while the provisions of rule 1 of order 8 were substituted by the code of civil procedure ..... (amendment) act, 2002 w.e.f. 1-7-2002. it is well settled by now that the provision of rule 1, order 8, is directory and not mandatory and it can be ..... to the case of rani kusum vs. kanchan devi and others, (2005)6 s.c.c. 705 wherein the apex court has stated that order 8, rule 1, after the amendment casts an obligation on the defendant to file the written statement within 30 days from the date of service of summons on him and within the extended time falling within .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-2014
..... , i.a.s., secretary to government. to all collectors/additional collectors, district revenue officers. sir, sub: land acquisition act, 1894 central act i of 1894) as amended by land acquisition (amendment) act, 1984 (central act 68 of 1984) authorisation of officers to approve valuation statements and awards upto and above 20/- lakhs - instructions issued. ..... obtained. appendix notification under the first proviso to sub-section (1) of section 11 of the land acquisition act, 1894 (central act i of 1984), as amended by the land acquisition (amendment) act, 1984 (central act 68 of 1984), the governor of tamil nadu hereby authorises,- (i) the commissioner of land administration to ..... by the government, wherein, the government have authorised certain officers, to approve the awards, under the land acquisition act, 1894 (central act i of 1894) as amended by land acquisition (amendment) act, 1894 (central act 68 of 1984). g.o.ms.no.2003, revenue, dated 13.12.1984, reads as follows: authorisation of .....
Tag this Judgment!Court : Chennai
Decided on : Aug-26-2014
..... tension line can be carried. the respondent board contended that the petitioners cannot place reliance upon section 12(2) of the indian electricity act, since the 1910 act was repealed by section 185 of the electricity act, 2003 and the only right that the petitioners have is to claim compensation and that the question of consent did not arise ..... that public interest is always superior to the interest of an individual and when the corporation exercises powers under section 164 of the electricity act, 2003 read with section 10 of the indian telegraph act, they are not acquiring the land, but they are only making use of the land for the purpose of laying electric lines. ..... was approved and there was no alternative place was found feasible. further, it is contended that in terms of section 13 of the telegraphic act, 1885 read with section 51 of the indian electricity act, 2003, no notice is required to be issued to the owner of the lands before erecting towers nor consent is required. further, .....
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