Court : Supreme Court of India
..... was submitted that the statement of prafulbhai patel being in the nature of hearsay and in the absence of any material to bring it under section 6 of the indian evidence act, there is no basis for the allegation against the respondent-accused and the learned single judge rightly held that there is no ground for proceeding ..... the term interlocutory order used in the code of criminal procedure has to be given a very liberal 19 construction in favour of the accused in order to ensure complete fairness of the trial and the revisional power of the high court or the sessions judge could be attracted if the order was not purely interlocutory but intermediate or quasi-final. ..... proceeded to examine the case as if it is a simple case of submission of forged bills of entry by observing that the instant case is not related to any import or export of diamonds but relating to submitting forged bills of entry for making remittance . . ..... it was alleged that m/s ra distributors prepared false and bogus signature and stamp of custom officers and knowing fully well that those bills of entry are bogus, fraudulently submitted the same as if they are true and genuine and produced them in icici bank ..... necessary evidence during the investigation conducted in compliance with the provisions of the criminal procedure code and in accordance with the rules of investigation. ..... the respondent contended that the receipt of over rs.16,00,00,000/- by the respondent- accused was business income from the sale of diamonds . .....
Tag this Judgment!Court : Supreme Court of India
..... in an appeal from a conviction, an appellate court can exercise power under section 386(b), which is to the following effect:- (b) in an appeal from a conviction- (i) reverse the finding and sentence and acquit or discharge the accused, or order him to be re- tried by a court of jurisdiction subordinate to such appellate court or committed ..... submitted that it is lapse that the second trust deed and resolution, which were basis for entering into mou with complainant for sale of trust land could not be proved, whereas they were referred to and were part of the record and proved in other ..... in the other criminal case, which was on the same allegations and which were also based on same mou regarding sale of agricultural land, where amount of rs.75,600/- was also paid by shri fateh singh, on the same date, the trust deed was filed and proved relying on which acquittal of the ..... the case, which are necessary to be noted for deciding this appeal are:- 3.1 a regimental welfare trust relating to the scinde horse regiment of indian army was registered on 27.06.1959. ..... an agreement has been advanced, that stamp paper could not be encashed after a lapse of six months can in no way be attributed dishonest intention to cause harm or injury to respondent no.2 and that is also not the basic ..... cannot be allowed to make any capital of such ..... roshanlal to act in the name of the trust and on behalf of the trustees to sell the trust farm land alongwith buildings thereon situated in villages bichaie .....
Tag this Judgment!Court : Supreme Court of India
..... offences alleged in the zero fir lodged at pimpri police station on 02.01.2018 (now cr.case no 2/2018), and the fir42018 lodged at vishrambagh police station on 08.01.2018, and all other related matters and allegations, to be carried out by an independent agency which shall be monitored directly by this hon ble court through regular filing of status reports of the investigation by the ..... fir dated 2nd january, 2018, at pimpri police station (rural) for offences punishable under sections 307, 143, 147, 148, 149, 295(a), 435, 436 of ipc, sections 3(2)(v) & 3(1)(10) of the scheduled castes scheduled tribes act and section 4(25) of the arms act of the maharashtra police act,1989, was registered against the hindutva right wing leaders milind ekbote and sambhaji rao bhide, based ..... issuing a direction to the cbi to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such power should be exercised but time and again it has been reiterated that such an order is not to be passed as a matter of routine or merely because ..... have any grievance or apprehension about the same, he is free to make that request before the jurisdictional court, which can be considered at the ..... , shake the foundation of the rule of law and render the ..... which was being investigated in regard to the illegal manufacture and sale of pan masala and gutkha containing tobacco and/or nicotine ..... primarily under the indian penal code, 1860, the arms act, 1959 .....
Tag this Judgment!Court : Supreme Court of India
..... (regulation of the promotion of construction, sale, management and transfer) act, 1963 (hereinafter referred to as the maharashtra act ) in section 3 provides for the general liabilities of ..... disputes having arisen, respondent no.3 is stated to have terminated the power of attorney and the development agreement on 12.5.2008 and, on the very next day, suit no.1628/2008 was filed by respondent no.3 for inter alia declaration that the said power of attorney and the development agreement had been validly terminated. ..... (1) notwithstanding anything contained in this act, there shall be no obligation to give any citizen, xxxx xxxx xxxx xxxx (d) information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; xxxx xxxx xxxx xxxx (j) information which relates to personal information the disclosure of ..... , we may usefully refer to section 74 of the indian evidence act, 1872, defining public documents as ..... the said act is apparent from section 6 of the said act, which provides for the manner of making a request ..... is communications inter se the appellant and public authorities, approvals granted by the corporation, compliances, occupation certificate, application submitted to authorities, revenue records, documents pertaining to stamp duty, agreement with prospective flat buyers, etc. .....
Tag this Judgment!Court : Supreme Court of India
..... . both the government and uidai are fully empowered to make rules and regulations under sections 53 and 54 of the aadhaar act respectively and exclusions have to be taken care by exercising the power under section 53 by the central government and under section 54 by the uidai to remedy such shortcomings and denial ..... it was argued that by the substitution of 2 naya paisas (the new currency) in place of 3 pies (the old currency) as tax, there was a change in the tax imposed by the mysore sales tax act, which could only have been done by passing a money bill under articles 198, 199 and 207 of the constitution and since no money bill was introduced or passed for the enhancement of the tax, the ..... rights and freedoms of citizens are set forth in the constitution in order to guarantee that the individual, his personality, and those things stamped with his personality shall be free from official interference except where a reasonable basis for intrusion exists. ..... for example, section 73 of the indian evidence act, 1872 which allows the taking of handwriting samples only if necessary for the purposes of any (specific ) investigation , or in order to compare writing or writ petition (civil) no.494 of 2012 & c onnected matters page 290 of 567 signature that appears in relation to the facts of a particular case. .....
Tag this Judgment!Court : Supreme Court of India
..... acts prejudicial to maintenance of harmony) or section 17ie (offence of bribery) or section 17if (offence of undue influence or personation at an election) or sub-section (1) or sub-section (2) of section 376 or section 376a or section 376b or section 376c or section 376d (offences relating to rape) or section 498a (offence of cruelty towards a woman by husband or relative of a husband) or sub- section (2) or sub-section (3) of section 505 (offence of making statement creating or promoting enmity, hatred or ill-will between classes or offence relating to such statement in any place of worship or in any assembly engaged in the performance of religious worship or religious ceremonies) of the indian ..... relating the commission shall act in conformity with, not in violation of such provisions but where such law is silent article 324 is a reservoir of power to act for the avowed purpose of, not divorced from pushing forward a free and the commission shall be responsible to the rule of law, act ..... prohibition of the withholding from sale of any essential commodity ordinarily kept for sale; (b) "drug" has the meaning assigned to it in the drugs and cosmetics act, 1940 (23 of 1940); (c) "essential commodity" has the meaning assigned to it in the essential commodities act, 1955 (10 of 1955); ..... making nominations; and (e) forms a and b are signed, in ink only, by the said office bearer or person authorised by the party: provided that no facsimile signature or signature by means of rubber stamp .....
Tag this Judgment!Court : Supreme Court of India
..... by shri viswanathan, referred to and relied upon section 3(c) of the indian stamp act, 1899, and held that an instrument mentioned in the schedule which is executed out of india, being a foreign award, would relate 18 to a matter or thing done or not to be done in india, and that, therefore, stamp duty would be payable on such an award ..... by notification in the official gazette, declare to be parties to the convention set forth in the second schedule, and of whom the other is subject to the jurisdiction of some other of the powers aforesaid; and (c) in one of such territories as the central government being satisfied that reciprocal provisions have been may by like notification, declare to be territories to which the said convention applies, and ..... article iii of the new york convention would make it clear that stamp duty, being in the nature of fees or charges for recognition and 4 enforcement of a foreign award, can be enforced in accordance with the rules of procedure of the territory in which ..... cases where, but for this exemption, the government would be liable to pay the duty chargeable in respect of such instrument; (2) any instrument for the sale, transfer or other disposition, either absolutely or by way of mortgage or otherwise, of any ship or vessel, or any part, interest, share or property of or in any ship or vessel, registered under the merchant shipping act, 1894, or under act 19 of 1938, or the indian registration of ships act, 1841 (10 of 1841) as amended by subsequent .....
Tag this Judgment!Court : Supreme Court of India
..... the respondent no.1 would now be the sole arbitrator to decide the disputes between the parties, called upon justice palshikar to adjudicate the disputes between the parties.8) an application under section 16 of the arbitration and conciliation act, 1996 was then filed before the sole arbitrator by the appellant and respondent no.2, in which they argued that there was no arbitration clause entered into by way of agreement ..... agreement is expected to be signed within 30 days of the issue of this letter of award.15) under section 7 of the indian contract act, 1872 in order to convert a proposal into a promise, the acceptance must be absolute and unqualified. ..... the authority, its employees and advisors make no representation or warranty and shall have no liability to any person, including any applicant or bidder under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost or expense which may may arise from or be incurred or suffered on account of anything contained in this rfp ..... concession agreement with each page initialled by the person signing b) power of attorney for signing of bid in the prescribed format ..... in the documents or furnished by or on behlaf of the authority relating to any of the matters referred to in clause 2.5.1 above; d ..... 76) meanwhile, some problems as to the exact stamp duty between the parties cropped up, and since there was delay in signing the concession agreement, respondent no.2 ..... sale .....
Tag this Judgment!Court : Supreme Court of India
..... , it has been decided to amend the said acts and also to make consequential amendments in the indian stamp act, 1899 and the depositories act, 1996. ..... new delhi & anr.310) contrasting the provisions of section 6 with section 6a of the act, it is argued that proviso to section 6a categorically makes a provision to the effect that the presiding officer appointed before the commencement of finance act, 2017 shall continue to be governed by the provisions of section 184 of the finance act, 2017 as if the said provisions had not ..... since the petitioner was continuing under detention from november 10, 1971 during the investigation, enquiry and trial of the case against him, the petitioner contended that by reason of section 428 of the new code of criminal procedure, which came into force from april 1, 1974, the period of detention from november 10, 1971 upto july 16, 1973 was liable ..... the tribunal appointed after the commencement of part xiv of chapter vi of the finance act, 2017, shall be governed by the provisions of section 184 of that act: provided that the presiding officer appointed before the commencement of part xiv of chapter vi of the finance act, 2017, shall continue to be governed by the provisions of this act, and the rules made thereunder as if the provisions of section 184 of the finance act, 2017 had not come into force. ..... tribunals, to be known as the debts recovery tribunal, to exercise the jurisdiction, powers and authority conferred on such tribunal by or under this act. .....
Tag this Judgment!Court : Supreme Court of India
..... consideration; (c) establish child protection mechanisms whereby no child is at risk of, or subjected to, medical abuse; (d) ensure protection of persons of diverse sexual orientations and gender identities against unethical or involuntary medical procedures or research, including in relation to vaccines, treatments or microbicides for hiv/aids or other diseases; informed consent of 86 to identity or personhood (e) review and amend any health funding provisions or programmes, including those of a development- assistance nature, which may promote ..... this court, while observing that morality and decency on the basis of which reasonable restrictions can be imposed on the rights guaranteed under article 19 should not be amplified beyond a rational and logical limit, ruled that even though the constitutional freedom of speech and expression is not absolute and can be subjected to reasonable restrictions on grounds such as `decency and morality' among others, yet it is necessary to ..... amendment made in uk in relation to a provision which was in pari materia with section 118 of indian succession act, observed (scc p. ..... no law, and to whatever extent a vague expressions, to that extent it abdicates its functions, and resigns the power of making law to the courts of justice. ..... of choice by a statutory penal provision and giving of stamp of approval by a two-judge bench of this court to the said penal provision, that is, section 377 of the indian penal code, in suresh kumar koushal and another v. .....
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