Court : Supreme Court of India
..... in conclusion, we find that the charges levied against the accused, i.e., under sections 148, 302 read with 149, 307 read with 149, ipc, and sections 4/5 of the explosive substance act, 15- [cr. a no.1578 of2012 1908, and the sentence corresponding thereto as awarded by the trial court and confirmed by the high court, ..... as can be appreciated from the various decisions7 of this court, are:19. 1 it is not part of the general exceptions under the ipc and is instead a rule of evidence under section 11 of the indian evidence act, 1872. 6 (1997) 1 scc2837 dhananjoy chatterjee v. state of w.b., (1994) 2 scc220 binay kumar singh (supra) ..... . the convict-appellants stand convicted of having committed an offence punishable under sections 148, 302 read with 149, 307 read with 149, indian penal code, 18601 and sections 4/5 of the explosive substance act, 1908 under which the sentence awarded varies from rigorous imprisonment for 3 years to life imprisonment, all to run concurrently. background4 facts, .....
Tag this Judgment!Court : Supreme Court of India
..... the workmen s compensation act, 1923 (now known as employee s compensation act, 1923) (in short, the 1923 act). (ii) the indian railways act, 1890 (in short the 1890 act ). (iii) the railways act, 1989 (in short the 1989 act ). (iv) railway protection force act, 1957 (in short, the 1957 act ). relevant provisions of the 1923 act 22. the preamble of the 1923 act reads thus: an act to provide for the ..... person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, (d) a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or ..... person recruited as driver, helper, mechanic, cleaner or in any other capacity in connection with a motor vehicle, (d) a person recruited for work abroad by a company, and who is employed outside india in any such capacity as is specified in schedule ii and the ship, aircraft or motor vehicle, or .....
Tag this Judgment!Court : Supreme Court of India
..... insurance which did not attract liability to income tax but the revenue earned from miscellaneous policy business was taxable. the position was compared to a shareholder of a railway company who buys a ticket to travel by train; for this purpose, he is merely an outsider. 8.9.8 the aforesaid analysis of rowlatt j.was affirmed ..... cost of producing it and rendering it fit for sale, it has earned profits which are, subject to the provisions of the taxing act, taxable profits. given the deep-rooted common law tradition, indian jurisprudence has had a rich engagement with the principle of mutuality, especially in the context of taxation. 368.8 a constitution bench of ..... and in the context of the definition of service under the finance act, 1994, it was observed that from 2005 onwards, the finance act, 1994 does not purport to levy service tax on members clubs in the incorporated form. that the judgment in young men s indian assn. made no distinction between a club in the corporate form and .....
Tag this Judgment!Court : Supreme Court of India
..... . non-production of a physical evidence would lead to a negative inference within the meaning of section 114(g) of the indian evidence act, 1872 (hereinafter referred to as the evidence act). the procedure contemplated through the notification has an element of fair play such as the deposit of the seal, numbering the ..... and list of samples drawn with certification by magistrates would constitute as a primary evidence. therefore, when there is non-compliance of section 52a of the ndps act, where a certification of a magistrate is lacking any inventory, photograph or list of samples would not constitute primary evidence.6. the obvious reason behind ..... , as soon as may be, allow the application. (4) notwithstanding anything contained in the indian evidence act, 1872 (1 of 1872) or the code of criminal procedure, 1973 (2 of 1974), every court trying an offence under this act, shall treat the inventory, the photographs of narcotic drugs, psychotropic substances, controlled substances or conveyances .....
Tag this Judgment!Court : Supreme Court of India
..... parties to this contract .. (emphasis supplied) 5. it is in the above-referred context that the applicant, being a foreign company, filed the present application under section 11(6) of the act before this court.6. submissions: mr. ramakrishnan viraraghavan, learned senior advocate, along with mr. shayam d. nandan, aor appearing ..... and the court upheld the nomination inter alia noting that empaneling of such retired persons was intended to utilise their technical expertise.15 in central organisation of railway electrifications (supra) this court relied on the aforementioned judgment to state that: 27. ... as held in voestalpine schienen gmbh [voestalpine schienen gmbh v. ..... arbitration agreements in government contracts which provide for arbitration by a serving employee of the department, are valid and enforceable. while the supreme court, in indian oil corp. ltd. v. raja transport (p) ltd., 2009 8 scc520carved out a minor exception in situations when the arbitrator was the controlling or .....
Tag this Judgment!Court : Supreme Court of India
..... the period after the date of winding up. the payment of such dues for pre-liquidation period shall be settled as per the provisions of the companies act, 1956. however, dues, taxes, cess, if any applicable on the sale of assets shall be paid by the purchaser. (emphasis supplied) 245. in accordance with ..... ,91 a three-judge bench of this court held that a compulsory acquisition of property can constitute a transfer within the meaning of section 12b(1) of the indian income tax act 1962. it rejected the argument that the word transfer must be construed ejusdem generis with the preceding words sale , exchange , relinquishment . on the wide amplitude ..... constitute a charge on property and can be recovered from a subsequent transferee.110. reliance by the auction purchasers on the decisions in india cement ltd (supra) or indian council of legal aid and advice (supra) render little assistance to their cause. the question in india cement ltd (supra) was whether the state legislature had competence .....
Tag this Judgment!Court : Supreme Court of India
..... ambit of the legislative and executive power of nctd is that nctd does not have its own state public services: further, the union territories cadre consisting of indian administrative service and indian police service personnel is common to union territories of delhi, chandigarh, andaman and nicobar islands, lakshadweep, daman and diu, dadra and nagar haveli, puducherry and ..... the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state.55. justice hidayatullah writing for the constitution bench rejected the argument that the amended definition of state under general clauses ..... was adopted, the states of the indian union were classified into part a, part b, and part c states. delhi was a part c state and was governed by the government of part c states act 1951. the act provided for a council of ministers and a legislature of elected representatives for delhi with the power of making .....
Tag this Judgment!Court : Supreme Court of India
..... to the other pre-liquidation creditors if such post-liquidation liabilities are given preference over other liabilities; and reference to section 529a and 530 of the companies act do not carry any relevance and do not make out any case for interference. the provisions contained in sections 529a and 530 essentially relate to overriding ..... taxes claimed for a period of approximately six years. the official liquidator has rejected the proof of debt on his interpretation of the various provisions of the companies act and 7 the company (court) rules framed thereunder and in particular section 528, 529a and 530 and rule 154 of the rules. **** **** **** the contention on behalf ..... or gross negligence. being a question depending on the behaviour of a reasonably prudent man, the courts have to consider it in the background of indian conditions. courts in india should, therefore, be careful and cautious in seeking assistance from english precedents which should not be blindly or too readily followed .....
Tag this Judgment!Court : Supreme Court of India
..... that various whatsapp calls were intercepted, revealing the names of other persons, who stand arrayed as co- accused. the appellant is associated with shivd- hara buildcon, a construction company involved in several land development projects in jamnagar. it was alleged by secret witness 11 (hereinafter re- ferred to as sw11 ) that in order to pay rs.16,00 ..... conclusion:8. having examined the rival contentions, the court does not consider it necessary to go into the legal as- pect pertaining to the applicability of the gctoc act in praesenti, as the current appeal has been filed only for the purpose of seeking bail during the pendency of the trial.9. had there been no other case ..... (4) and 3(5) and 4 of the gujarat control of terrorism and organised crime act, 2015 (here- inafter referred to as the gctoc act ) read with sections 386, 387, 506(1) and 506(2) of the indian penal code, 1860 (hereinafter referred to as the ipc ). the present appellant is arrayed as ac- cused no.8 in the said fir.4 .....
Tag this Judgment!Court : Supreme Court of India
..... 15.07.2021; rejected the resolution plan so approved by the nclt; declared the resolution applicant ineligible in terms of section 88 of the indian trusts act, 188211 and disqualified in terms of section 164(2)(b) of the companies act, 201312; and issued directions to the resolution professional to proceed with cirp from the stage of publication of form g while inviting eoi ..... plan and attain any financial advantage or gain is barred by section 88 of the indian trusts act. the said provision is extracted hereunder for ready reference.22 *** *** *** 21 prospective resolution applicant. 22 "section 88. advantage gained by fiduciary. where a trustee, executor, partner, agent, director of a company, legal adviser, or other person bound in a fiduciary character to protect the interests .....
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