Court : Punjab and Haryana
Decided on : Mar-28-2014
..... through wide hawala network, searches were conducted under the provisions of section 37 of fema1999read with section 132 of the income tax act,1961 at various places and as a result thereof, indian currency, foreign currency and certain documents and articles were recovered and seized in the months of september and november, 2009. it ..... document high court, chandigarh crl. w.p. no.58 of 2014 3 business which he was doing during his stay at dubai including arranging foreign exchange for indian parties. manoj garg, puran chand sharma and the petitioners, namely, bimal jain and sat pal jain were other members of syndicate actively associated with naresh kumar ..... similar submission: may be that the detenu is a smuggler whose tribe (and how their numbers increase!) deserves no sympathy since its activities have paralysed the indian economy. but the laws of preventive detention afford only a modicum of safeguards to persons detained under them and if freedom and liberty are to have any .....
Tag this Judgment!Court : Meghalaya State Consumer Disputes Redressal Commission SCDRC Shillong
Decided on : Feb-25-2014
..... 7.b applicable on themno. private and public service providers are not telegraph authority. further, only central govt. can appoint arbitrator under section 7b of indian telegraph act. b.can private and public service providers as telecom authority appoint arbitrators for arbitration of disputes yours faithfully,sd..misha bajpaiassistant director general phptel.23036027 e. ..... for providing specified public telecommunication services. 2. ea. licensor means the central government or the telegraph authority who grants a licence under section 4 of the indian telegraph act, 1885 13 of 1885. 2. j. service provider means the government as a service provider and includes a licensee. if bsnl were to claim to ..... also a telegraph authority. in view of the definitions of telegraph line and telegraph authority as contained in sections 3 4 and 3 6 of the indian telegraph act, 1885, which we have quoted above, it can therefore be said that the dispute was in respect of a telegraph line besides also being .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Sep-11-2014
..... and 227 of the constitution. (2) interlocutory orders, passed by the courts subordinate to the high court, against which remedy of revision has been excluded by the cpc amendment act no. 46 of 1999 are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court. (3) certiorari, under ..... arise before the high courts. we sum up our conclusions in a nutshell, even at the risk of repetition and state the same as hereunder:- (1) amendment by act no.46 of 1999 with effect from 01.07.2002 in section 115 of code of civil procedure cannot and does not affect in any manner the jurisdiction ..... has almost obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may not only .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-03-2014
..... subject matter of an appeal before the stat; and (ii) was decided in appeal by the stat. the effect of the amendment, by act 21 of 2011, is that there is no longer any bar on the exercise of the revisional jurisdiction when the issue or ..... by the appellate tribunal under section 33. section 20(2-a) of the apgst act and the proviso to section 32 of the ap vat act, prior to its amendment by act 21 of 2011 with effect from 15.09.2011, disabled the revisional authority from exercising ..... works contract would constitute the measure for imposition of the tax; keeping in view the legal fiction introduced by the forty sixth amendment to the constitution whereby the works contract, which are entire and indivisible, are deemed to have been divided into two contracts ..... to the main provision which is foreign to the main provision itself. (j.k.industries ltd.v.chief inspector of factories & boilers ; cit v. indo mercantile bank ltd.).a proviso cannot be torn apart from the main provision nor can it be used to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-16-2014
..... resident of village kapardia, tehsil behrod, district alwar, rajasthan, has sought temporary release from jail under section 3(1) (d) of the haryana good conduct prisoner's (temporary release) amendment act 2012, for a period of four weeks' on the ground that he has to perform his marriage on april 18, 2014. 2. the petitioner is a convict in a case ..... fir no.329, dated 01.08.2007 under sections 302, 120-b ipc and 201 ipc, registered at police station dlf, sector 29, gurgaon. 3. a report from the state of haryana was sought. in response to which affidavit of sh. ramesh kumar, ..... ceremonies of the petitioner are fixed as mentioned in the invitation card. 4. no doubt, a case was registered bearing fir no.106/2012, under sections 223/224 of the indian penal code at police station bhondsi, as the petitioner allegedly escaped, the matter is still pending, in which, he is already on bail. 5. since the marriage of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-22-2014
..... haryana & ors.crl. writ petition no.2104 of 2012, decided on 14.12.2012. it has been contended that the division bench has considered the amendment in section 5-a of the principal act and the petitioner is not entitled to any concession. it was also urged that the request for release on agricultural parole was made in december 2012, ..... . on the basis of that report, the superintendent of police noted that the petitioner was undergoing sentence in case fir no.444 dated 04.10.1993, under section 302 ipc, police station city, bhiwani and there were five other cases registered against him, the details of which are contained in annexure r-1. apart from that, the petitioner ..... out agricultural pursuits. the brief facts are that the petitioner was tried in fir no.444 dated 04.10.1993, under sections 302 and 307 read with section 34 ipc, police station city, bhiwani and was convicted to life imprisonment. the petitioner was released on emergency parole for a period of three weeks upto 30.11.1998, but .....
Tag this Judgment!Court : Kolkata
Decided on : Jan-10-2014
..... vi rule 17 did not apply to the present suit in view of section 7 read with section 16(2)(b) of the code of civil procedure (amendment) act, 2002. none of the supreme court decisions cited on behalf of the defendant helps it. the hon ble supreme court in vidyabai & ors.(supra) considered ajendraprasadji n. ..... commencement of section 16 of the code of civil procedure (amendment) act, 1999 and section 7 of the code of civil procedure (amendments) act, 2002. the present suit was of 1998 and, therefore, the amended order vi rule 17 had no role to play. consequently, according to him, the decisions cited on ..... . the plaintiff was seeking to introduce a new cause of action by the proposed amendments. in reply mr.chakroborty for the plaintiff submitted that sections 7 and section 16(2)(b) of the code of civil procedure (amendment) act, 2002 specified that the amended order vi rule 17 would not be applicable to pleadings which were filed before the .....
Tag this Judgment!Court : National Green Tribunal Principal Bench New Delhi
Decided on : May-01-2014
..... process of taking any steps to establish any industry, operation or process immediately before the commencement of the water (prevention and control of pollution) amendment act, 1988, for which no consent was necessary prior to such commencement, may continue to do so for a period of three months from ..... storage facilities, residential colony, administrative block, canteen etc. which generate utility waste water and domestic waste water. 77. main sources of air pollution are boilers(s), thermo pack and diesel generator(s) which generate gaseous pollutants such as suspended particulate matter (spm), sulphur di oxide gas, oxide of nitrogen gas ..... enacted various laws like the air (prevention and control of pollution) act, 1981, water (prevention and control of pollution) act, 1974 and the wildlife (protection) act, 1972, the forest (conservation) act, 1980, the indian forest act, 1927 and the biological diversity act, 2002 and other legislations with the primary object of giving wide dimensions .....
Tag this Judgment!Court : Delhi
Decided on : Aug-12-2014
..... arguments have been countered. learned counsel for the respondent points out that the order dated 03.02.2004 seeking amendment of charge wherein also the petitioner had sought framing of additional charge under section 302 of the ipc had been dismissed way back on 03.02.2004 and that order has since become final. the same matter on ..... 173(8). therefore , the high court was in error in holding that the state government in exercise of the power of superintendence under section 3 of the act lacked the power to direct further investigation into the case. in reaching this conclusion we have kept out of consideration the provision contained in section 156(2). that ..... the petitioner/complainant seeking framing of additional charge under sections 302/468/471/201 of the indian penal code (ipc) against the accused stood dismissed.2. writ petition crl.25/2013 has been preferred by the accused. he is aggrieved by the act of the department of health and family welfare who vide its letter dated 21.05. .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-29-2014
..... h.kapadia for the supreme court opined as follows:- on going through the changes, quoted above, made to section 147 of the act, we find that, prior to the direct tax laws (amendment) act, 1987, reopening could be done under the above two conditions and fulfilment of the said conditions alone conferred jurisdiction on the assessing ..... officer to make a back assessment, but in section 147 of the act (with effect from 1st april, 1989).they are given a go ..... ground for the income tax department to contend that income had escaped assessment and proceed to invoke the extraordinary provisions of section 147 and 148 of the act. considering all the decisions there is considerable merit in the submissions of mr.sen that the initiation and prosecution of the sections 147/148 proceedings were without .....
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