Court : Patna
Aftab Alam, J. 1. Whether in the case of a Company, one of the Company's Directors alone can be recognised as the Occupier of the factory owned by it in terms of the amended Section 2(n) of the Factories Act or is it still open to a company to designate (by completely transferring to him the ultimate control of the factory) any of its employees, other than a Director as the Occupier of the factory? This is the question raised in these two writ petitions filed on behalf of Indian Oil Corporation (Petitioner No. 1) and one of its employees posted as the Senior Depot Manager, Namkum Depot (Petitioner No. 2). 2. On September 26, 1996, the judgment in this case was reserved after it was heard on three days. In course of hearing Mr. Arijit Choudhary, learned counsel appearing on behalf of the petitioners, brought to our notice a number of decisions of the different High Courts on this point. He fairly cited not only the decisions (of the High Courts of Bombay, Orissa, Karnataka, Calcutta,...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1963AP314; 1963CriLJ121
Krishna Rao J. 1. Twenty eight accused persons were tried by the Sessions Judge, Hyderabad and Secunderabad, on a charge under Section 400, I. P. C. The charge was that in June, 1953, they belonged to a gang of persons associated for the purpose of habitually committing dacoity and committed dacoities, from July, 1953 to October, 1954, in the districts of Medak, Hyderabad, Mahboobnagar, Karimnagar and Raichur. The learned Sessions Judge acquitted accused 5, 9, 10, 12, 16, 20, 22, 25, 26 and 28 and convicted the remaining 18 accused either under Section 400, or under Section 395 I. P. C. He convicted accused 1, 2, 6, 14, 19, 21, 23, 24, and 27 under Section 400 Indian Penal Code and sentenced them to imprisonment for life. Accused 3, 4, 7, 8, 11, 13, 15, 17 and 18 were convicted under Section 395 I. P. C. and awarded rigorous imprisonment for seven years and fines of Rs. 50/- each. The 18 convicted accused have each preferred a separate appeal.2. The case for the prosecution is briefly ...
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)138PLR126
Hemant Gupta, J.1. The plaintiff is in revision petition against the order passed by the learned trial Court whereby the defendant-respondent was permitted to amend the written statement filed by his mother Mukhtiar Kaur.2. The plaintiff-petitioner filed a suit for declaration to the effect that he is the owner in possession of l/3rd share of suit land against his mother. Smt. Mukhtiar Kaur filed written statement admitting the claim of the plaintiff but before the Court could pass a decree on the basis of such admission, Smt. Mukhtiar Kaur died. The respondent herein is his son impleaded as her legal representative who filed an application under Order 6 Rule 17 of the Code of Civil Procedure for withdrawing the admission written statement filed on behalf of Mukhtiar Kaur alleging therein that the plaintiff has manipulated admission of defendant fraudulently and against the interest of Mukhtiar Kaur. It was also alleged that Mukhtiar Kaur could not make this admission and such admissio...
Tag this Judgment!Court : Chennai
Reported in : AIR1994Mad252; (1994)IMLJ260
ORDERMishra, J. 1. The instant application by a retired Judge of this Court is sadly, but pointedly bringing into focus how the status of the constitutional functionaries such as the Judges of the High Court is viewed and how the High Court Judges are treated by the executive wing of the State of Tamil Nadu. Before the facts, we feel, and like to speak about how pre-Constitution and post-Constitution Judges of the High Courts in India have been treated by the Constitution and the law and how they stand in discharge of their constitutional functions.2. In pre-Constitution days a High Court Judge appointed under the Government of India Act, 1935 held a civil post under the Crown, but Section 253 thereof was not applied to him. When the Constitution of India came into force and India became a Sovereign Democratic Republic after breaking with the bonds of the Crown. Article 395 of the Constitution specifically repealed the Government of India Act and under Article 376, the Judges of a High...
Tag this Judgment!Court : Delhi
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on:26. h May, 2017 Pronounced on:03. d July,2017 + W.P.(CRL) 856/2016 & Crl.M.A. Nos. 4702/2016, 4704/2016, 10527/2016, 12181/2016 VIRBHADRA SINGH & ANR ........ Petitioners Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Mayank Jain, Mr. Madhur Jain and Mr. Parmatma Singh, Advocates versus ENFORCEMENT DIRECTORATE & ANR ........ RESPONDENTS Through: Mr. Sanjay Jain, ASG with Mr. Amit Mahajan, CGSC, Mr. Kunal Dutt, Ms. Karnika Singh and Mr. Vignaraj Pasayat, Advs. + W.P.(CRL) 2044/2016 & Crl.MA. Nos.10657-58/2016 CHUNNI LAL CHAUHAN ........ Petitioner Through: Mr. Dayan Krishnan, Sr. Advocate with Mr. Mayank Jain, Mr. Madhur Jain and Mr. Parmatma Singh, Advocates versus ASSISTANT DIRECTOR, ENFORCEMENT DIRECTORATE & ANR. ........ RESPONDENTS Through: Mr. Sanjay Jain, ASG with Mr. Amit Mahajan, CGSC, Mr. Kunal Dutt, Ms. Karnika Singh and Mr. Vignaraj Pasayat, Advs. WP(C) 856/2016 & connected matters Page 1 of 101 + W.P.(CRL) 2862/20...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CRIMINAL) No.4634 OF2014VIJAY MADANLAL CHOUDHARY & ORS. ...PETITIONER(S) VERSUS UNION OF INDIA & ORS. ...RESPONDENT(S) WITH SPECIAL LEAVE PETITION (CIVIL) No.28394 OF2011SPECIAL LEAVE PETITION (CIVIL) No.28922 OF2011SPECIAL LEAVE PETITION (CIVIL) No.29273 OF2011SPECIAL LEAVE PETITION (CRIMINAL) NO.............OF2022(@ DIARY No.41063 OF2015 SPECIAL LEAVE PETITION (CRIMINAL) No.9987 OF2015SPECIAL LEAVE PETITION (CRIMINAL) NO.10018 OF2015SPECIAL LEAVE PETITION (CRIMINAL) No.10019 OF20152 SPECIAL LEAVE PETITION (CRIMINAL) No.993 OF2016TRANSFER PETITION (CRIMINAL) No.150 OF2016TRANSFER PETITION (CRIMINAL) NOS.151-157 OF2016WRIT PETITION (CRIMINAL) No.152 OF2016SPECIAL LEAVE PETITION (CRIMINAL) No.11839 OF2019SPECIAL LEAVE PETITION (CRIMINAL) No.2890 OF2017SPECIAL LEAVE PETITION (CRIMINAL) No.5487 OF2017CRIMINAL APPEAL No.1269 OF2017CRIMINAL APPEAL No.1270 OF2017CRIMINAL APPEAL NOS. 1271-1272 O...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.21762 OF2017ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) APPELLANT(S) VERSUS AHMEDABAD URBAN DEVELOPMENT AUTHORITY RESPONDENT(S) WITH C.A. No.8193/2012; C.A. No.5057/2012; C.A. No.5058/2014; C.A. No.9974/2018; C.A. No.5056/2012; C.A. No.4196/2015; C.A. No.4374/2015; C.A. No.9380/2017; C.A. No.13071/2017; C.A. No.12058/2017; C.A. No.16375/2017; C.A. No.12869/2017; C.A. No.17527/2017; C.A. No.21845/2017; C.A. No.5719/2018; C.A. No.9886/2018; C.A. No.9200/2018; C.A. No.9860/2018; C.A. No.10114/2018; C.A. No.1643/2019; C.A. No.3596/2018; C.A. No.6762/2018; C.A. No.3972/2018; C.A. No.3343/2018; C.A. No.3359/2018; C.A. No.3971/2018; C.A. No.3347/2018; C.A. No.6489/2018; C.A. No.10598/2018; C.A. No.7643/2018; C.A. No.8321/2018; C.A. No.8554/2018; C.A. No.9172/2018; C.A. No.10406/2018; C.A. No.11259/2018; C.A. No.11884/2018; C.A. No.226/2019; C.A. No.170/2019; C.A. No.2047/2019; C.A. No.2335/2019; C.A....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.889 of 2007 Arup Bhuyan .. Appellant Versus State of Assam & Anr. .. Respondents With Review Petition (Criminal) No.417/2011 In Criminal Appeal No.1383/2007 With Review Petition (Criminal) No.426/2011 In Criminal Appeal No.889/2007 With Special Leave Petition (Crl) No.5971/2019 With Special Leave Petition (Crl) No.5964/2019 With Criminal Appeal No.1383/2007 2 With SLP(Crl.)...CRLMP No.16637/2014 With Special Leave Petition (Crl.) No.5643/2019 With Special Leave Petition (Crl.) No.6270/2019 JUDGMENT M. R. Shah, J.1. Present reference to the larger Bench is made against the judgment and order in the case of Arup Bhuyan vs. Union of India, (2011) 3 SCC377as well as State of Kerala vs. Raneef, (2011) 1 SCC784 pursuant to the order passed by this Court dated 26.08.2014, reported as (2015) 12 SCC702 Background of the Reference 2. That the Division Bench of this Court in the case of Raneef (supra) wh...
Tag this Judgment!Court : Supreme Court of India
Reportable 2023 INSC1058IN THE SUPREME COURT OF INDIA ORIGINAL WRIT / APPELLATE JURISDICTION Writ Petition (Civil) No.1099 of 2019 IN RE: ARTICLE370OF THE CONSTITUTION With Writ Petition (C) No.871 of 2015 With Writ Petition (C) No.722 of 2014 With SLP (C) No.19618 of 2017 With Writ Petition (C) No.1013 of 2019 With Writ Petition (C) No.1082 of 2019 With Writ Petition (C) No.1068 of 2019 1 With Writ Petition (C) No.1037 of 2019 With Writ Petition (C) No.1062 of 2019 With Writ Petition (C) No.1070 of 2019 With Writ Petition (C) No.1104 of 2019 With Writ Petition (C) No.1165 of 2019 With Writ Petition (C) No.1210 of 2019 With Writ Petition (C) No.1222 of 2019 With Writ Petition (C) No.396 of 2017 With Writ Petition (C) No.756 of 2017 With Writ Petition (C) No.398 pf 2018 With 2 Writ Petition (C) No.924 of 2018 With Writ Petition (C) No.1092 of 2018 With Writ Petition (C) No.1162 of 2018 With Writ Petition (C) No.1048 of 2019 With Writ Petition (C) No.1268 of 2019 And With Writ Petition (...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
1. This appeal arises from Order-in-Appeal No. 136/05 dated 14.6.2005 confirming demands of Service Tax on the appellant. The order in Original proceeded to confirm Service Tax under the category of "Consulting Engineer" services. The appellant is a foreign based company in California, USA. They had entered into a Contract/Letter of Intent dated 11.7.1997 for design, detailed engineering and preparation of drawings/specifications for Hot Water Generation System of M/s.JPOCL's Air Separation Plant, Development of Process and designing of Complete Engineering System, including layout, General Agreement of equipment, piping and instrumentation diagram, preparation of specifications equipment and piping plus instrumentation, bill of material including specification, piping schematics process description, start-up, testing and commissioning procedures to be installed at M/s. JPOCL. They had not registered themselves under the Service Tax, hence after due investigation, proceedings were ini...
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