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Sasmita Investments Ltd. Vs. Appropriate Authority and Others

Court : Mumbai

1. By an order dated 29th January, 2013 passed by this court, three issues were framed as preliminary issues under the provisions of order XIV rule 2 of Code of Civil Procedure, 1908 which are set out hereinafter and are answered in the later part of the judgment. By the said order dated 29th January, 2014 this court clarified that the parties shall advance their submissions on these three preliminary issues and settlement of remaining issues was accordingly postponed till decision of this court on those three issues was rendered. Sr.NoISSUESFINDING1Whether the jurisdiction of the Hon'ble Court to try, entertain and dispose of the present suit is barred under Section 269UN of the Income Tax Act, 1961 as pleaded in paragraph 1 of the Written Statement and/or Section 293 of the Income Tax Act, 1961?In the affirmative2Whether the law of limitation bars the present suit?Need not be answered3Whether the plaintiff has the locus standi to maintain the present suit as pleaded in paragraph 11 o...

Hsbc Pi Holdings (Mauritius) Limited Vs. Avitel Post Studioz Limited a ...

Court : Mumbai

..... the reports submitted by economic office wing so far. 92. in my view dr tulzapurkar learned senior counsel is right in his submission that opinion of the police officer making investigation is not binding on the magistrate and notwithstanding the opinion of the magistrate to the contrary, the magistrate can order further investigation. similarly ..... supreme court in case of hope plantations ltd.(supra), bhanu kumar jain (supra), ishwar dutt (supra), arjun singh (supra) and this court in case of indo-pharma pharmaceutical works private limited has considered this issue at length, relevant paragraphs thereof are highlighted in earlier part of this judgment. it is held that principles of ..... in this proceedings filed by the petitioner under section 9 of the act. 11. dr. tulzapurkar placed reliance on the judgment of this court in case of indo-pharma pharmaceutical works private limited vs. pharmaceutical company of india reported in 1977 (80) bom.l.r. 73 in support of his submission that issue of .....

N. Scmasekhar Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1992KAR754

..... ) the learned state prosecutor also relied upon a decision of the madras high court in s. dharmar and ors. v. state by the inspector of police, thiipuvottiyur police station and ors., 1986 madras law journal 75 regarding non-mention of the name of the accused in the f.i.r. the madras high court ..... public justice is to be promoted, mechanical detention should be demoted'. further, 'fleeing justice must be forbidden but punitive harshness should be minimised'. again, 'police exaggerations of prospective misconduct of the accused, if enlarged, must be soberly sized up lest danger of excesses and injustice creep subtly into the discretionary curial technique ..... factors apart from others.' in gudikanti narasimhulu and ors. v. public prosecutor, high court of andhra pradesh, : 1978crilj502 the supreme court held thus: 'police exaggerations of prospective misconduct of the accused, if enlarged, must be soberly sized up lest danger of excesses and injustice creep subtly into the discretionary curial .....

T. Subramanya Bhatta Vs. A. Krishna Bhatta

Court : Kerala

Reported in : AIR1978Ker111

..... taken against the person accused. if, therefore, a complainant does not go beyond giving what he believes to be correct information to the police, and the police without further interference on his part (except giving such honest assistance as they may require), think fit to prosecute, it would be improper to make him ..... pillai (i. l. r. (1903) 26 mad 362), it was observed by a division bench that if the defendant merely filed a complaint before the police and the police, after investigation, thought fit to prosecute the plaintiff (in the action for malicious prosecution), it could not be said that the defendant was a prosecutor; nor could ..... its application to the particular case was no doubt justified; but in the opinion of their lordships, it is not of universal application. in india, the police have special powers in regard to the investigation of criminal charges, and it depends very much on the result of their investigation whether or not further proceedings are .....

C.Balakrishnan Lr.S. and Others Vs. Thittakavi Anantha Padmanabhamoort ...

Court : Chennai

..... and an outhouse in adi seshayya street, satyanarayanapuram, vijayawada, andhra pradesh. (2) a house site of about four grounds in plot no.a4a, ashok pillar road, ist avenue, (next to police quarters), kodambakkam, madras. (3) a house site of about 520 sq. yds. in yellareddiguda, hyderabad, lying to the east of smt.suryakantham's house. (4) about 1/3rd acre of ..... magistrate and also observed that the encroachment was made by mr.veda arun nagarajan or any other third party in the subject premises shall be removed by the commissioner of police greater chennai within two weeks. 20(b). the purchaser filed a civil suit in c.s.no.699 of 2009 before this court praying interim injunction against the respondents 2 .....

J.V. Gokal Charity Trust and Others Vs. Contrex Pvt. Ltd. and Others

Court : Mumbai

CONTENTS A. INTRODUCTION.................................................... 4 B. FACTS..................................................................... 6 C. MAINTAINABILITY...............................................12 D. LIMITATION..........................................................78 E. RELIEFS AND ORDER...........................................87 A. INTRODUCTION 1. The facts of the case are straightforward. The issues they raise, though narrow, are not. A very great deal of learning has been cited on both sides of the debate: some of the precedents are very old indeed. Counsel have argued that later decisions effectively upturn the older ones, even if they do not say so in so many words. There are two principal issues of law: first, limitation; and, second, whether the jurisdiction of a civil court is ousted in claim such as this because of the statutory provisions of the Maharashtra Public Trusts Act, 1950 ( MPTA ) (Earlier the Bombay Public Trusts Act, 1950 (Act 29 ...

Amish Devgan Vs. Union Of India

Court : Supreme Court of India

..... established by leading evidence showing the relationship between the speech and the resultant public disorder . in other cases where public disorder has not occurred due to police, third party intervention, or otherwise, the clear and present danger or imminent lawless action tests are of relevance and importance. freedom and rational dictum ..... aspects. however, our observations on the factual matrix of the present case in this decision should not in any manner influence the investigation by the police who shall independently apply their mind and ascertain the true and correct facts, on all material and relevant aspects. similarly, the competent authority would independently ..... the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 crpc. no such .....

Sita Soren Vs. Union Of India

Court : Supreme Court of India

..... functions. for the application of laws, particularly, the provisions of the lokayukt act and the prevention of corruption act, 1988, the jurisdiction of the lokayukt or the madhya pradesh special police establishment is for all public servants (except the speaker and the deputy speaker of the madhya pradesh vidhan sabha for the purposes of the lokayukt act) and no privilege is ..... that in view of the special expertise that is necessary for this type of inquiry the committee of privileges do not provide an investigative machinery comparable to that of a police investigation. (emphasis supplied) 113. therefore, we hold that clause (2) of article 105 does not grant immunity against bribery to any person as the receipt of or agreement to receive .....

Union of India Vs. Shri Yaswanth G V

Court : Karnataka

1 W.P.NO.44696/2014 R IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE27H DAY OF OCTOBER, 2014 PRESENT THE HON'BLE MR. JUSTICE K.L.MANJUNATH AND THE HON'BLE MR. JUSTICE A.V.CHANDRASHEKARA WRIT PETITION NO.44696 OF2014(S-CAT) BETWEEN UNION OF INDIA MINISTRY OF PERSONAL, PUBLIC GRIEVANCES & PENSIONS NORTH BLOCK NEW DELHI-110001 REPRESENTED BY ITS SECRETARY ... PETITIONER (BY SRI ARUN M I, ADV.) AND1SHRI YASWANTH G V S/O R VINAY KUMAR AGED ABOUT29YEARS C/O CHENDRASHEKAR NO.54/4, GURUVAPPA STREET FIRST FLOOR, SKV GAYATHRI FLAT AYANAVARAM, CHENNAI-600023 2.THE MINISTRY OF SOCIAL JUSTICE & EMPOWERMENT DEPARTMENT OF DISABILITY AFFAIRS GOVERNMENT OF INDIA SHASTRI BHAWAN2W.P.NO.44696/2014 NEW DELHI-110001 REPRESENTED BY ITS SECRETARY3THE DIRECTOR GENERAL OF HEALTH SERVICES NIRMAN BHAVAN, NEW DELHI-110011 REPRESENTED BY ITS DIRECTOR GENERAL4CHIEF COMMISSIONER FOR PERSONS WITH DISABILITIES SAROJINI HOUSE, 6 BHAGAWAN DASS ROAD NEW DELHI-110001 REPRESENTED BY ITS CHIEF COMMISSIONER5THE UN...

Parents Involved in Community Schools Vs. Seattle School Dist. No. 1

Court : US Supreme Court

..... 4 percentage in 50 100% nonwhite schools northeast 62 66.8 69.9 72.5 79.9 75.4 77.5 78.3 border 100 69 71.6 67.2 60.1 59.2 58.0 64.8 67.0 south 100 100 80.9 55.3 54 ..... 2000 percentage in 90 100% nonwhite schools northeast 40 42.7 46.9 51.4 48.7 49.8 50.2 51.2 border 100 59 60.2 54.7 42.5 37.0 33.7 39.7 39.6 south 100 100 77.8 24.7 22 ..... other. governmental use of race-based criteria can arise in the context of, for example, census forms, research expenditures for diseases, assignments of police officers patrolling predominantly minority-race neighborhoods, efforts to desegregate racially segregated schools, policies that favor minorities when distributing goods or services in short supply, ..... state shall determine for itself, subject to the observance of the fundamental rights and liberties guaranteed by the federal constitution, how it shall exercise the police power . and in no field is this right of the several states more clearly recognized than in that of public education (quoting briggs v. .....