Court : Delhi
Reported in : 132(2006)DLT500; 2006(204)ELT161(Del)
..... regulation) act, 1992 (hereinafter `the act') and certain notifications issued there under arise for consideration in this writ petition. the cause for this invitation to judicial determination is a cross-border transaction that requires the petitioners before us to export 30,000 metric tonnes (mt) of chick peas from this country to her neighbour, pakistan.2. for those needing proof that ..... of public interest in getting our citizens to honour their commitments in the course of international trade. what is at stake is not merely the money involved in the trans border transactions but the reputation of our traders that they will be able to deliver as assured. that is the very purpose of the elaborate documentation that accompanies such transactions in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC80; 2006(1)BomCR661; [2005(107)FLR1006]; JT2005(9)SC506; 2006(1)MhLj1; 2006MPLJ1(SC); 2005(8)SCALE202; (2005)8SCC351; 2006(1)SLJ303(SC)
Arijit Pasayat, J.1. Appellant calls in question legality of the judgment rendered by a Division Bench of the Bombay High Court (Nagpur Bench) dismissing the writ petition filed by him holding that the order of compulsory retirement passed by the authorities was in order.2. The background facts leading to the passing of the order of compulsory retirement are as under:-Appellant was appointed to the permanent Commission as a Pilot Officer in the Logistics Branch of Indian Air Force on 14th April, 1973. Prior to his posting at Nagpur vide order dated 17th November, 1990 he was posted at Trivandrum since 28th October, 1987. During tenure of his service in the Indian Air Force, the appellant was posted at Leh in Laddakh, Nal in Rajasthan and few other places.3. Appellant was married to Mrs. Roopa Malhotra on 19th October, 1973 as per Hindu rites. The marriage was also registered with the Registrar of Marriage on 5th September, 1974. On 21st March, 1992, Mrs. Roopa Malhotra lodged a complai...
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(2)MPHT193
..... bhutia and lepeha origin deserve special treatment. it was held that departure from applying the doctrine of proportionate representation was necessary to admit such section of population of the strategies border state into the union. the following observations of venkatachaliah, j., in sikkims case expressing the majority opinion are pertinent :'the departures are not such as to negate fundamental principles of ..... for the backward tracts will not be discharged merely by securing to them protection from exploitation and by preventing those outbreaks which have from time to time occurred within their borders. the principal duty of the administration is to educate these peoples to stand on their own feet, and this a process which has scarcely begun.'(underlining by the court for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1995]84CompCas70(SC); JT1995(3)SC42; 1995(2)SCALE162; 1995Supp(3)SCC81; [1995]2SCR482
S.P. Bharucha, J.1. Leave granted.Facts2. This is an appeal from the judgment and order of the Company Law Board which raises an interesting question as to the exclusive jurisdiction of the Special Court constituted under the provisions of the Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992. The Company Law Board (CLB) has held that its jurisdiction to deal with matters relating to securities, provided by the Companies Act, 1956, is not affected by the Special Court Act.3. The question arose in these circumstances. The Canara Bank (the appellant) had made an application before the CLB under Section 111 of the Companies Act seeking relief against the Nuclear Power Corporation of India Ltd. (the first respondent), which had refused to register in its books in the name of the Canara Bank bonds of the Nuclear Power Corporation purchased by the Canara Bank. The Standard Chartered Bank (the fourth respondent) had also claimed ownership of the said bonds. Th...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)217CTR(SC)1; 2008(120)ECC141; 2008(156)LC141(SC); 2008(226)ELT679(SC); JT2008(6)SC451; 2008(8)SCALE290; (2008)8SCC413; (2008)3SCC(Cri)507.
V.S. Sirpurkar, J.1. Leave granted.2. The challenge in these appeals is to the common judgment of the learned Single Judge of the Madras High Court whereby the High Court has dismissed the Criminal Revision Case No. 538 of 2005 and Criminal O.P. No. 21636 of 2005 filed by the appellant herein.3. Following facts will highlight the controversy involved.4. One Dr.S. Balakrishnan, purchased the Toyota Lexus Car which was sent by Ship to Madras Port in July, 1994. His son Yogesh Balakrishnan presented certain documents for getting clearance of the said car from the Customs Department. One such document was a letter dated 8.9.1994 authored by the appellant herein Shri M. Natarajan who is the publisher of a magazine called 'Tamilarasi' which publication had commenced in the year 1992. He is also the author of bi-monthly magazine 'Pudiya Paarvai' which surfaced in the year 1993. One Baskaran was said to be assisting the appellant being the incharge of these publications. The said letter dated ...
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)
..... an agreement with the deductee, htil, in stipulation of future consideration of certain 'potential claims'. normally, in an agreement of this type, which are essentially cross border agreements, such liabilities are predetermined under the due diligence determination test and possibly that could been the reason why certain material agreements have been withheld from this hon ..... to file an application before the assessing officer under those provisions.175. in this behalf, the following observations of the hon'ble supreme court in the case of indo asahi glass company ltd. and anr. v. i.t.o. and ors. : [2002]254itr210(sc) , would be relevant:the aforesaid show-cause notice was ..... section.84. mr. parasaran also relied on the following decisions which would be relevant in support of the proposition that court would not interfere in these circumstances:a) indo asahi glass company ltd. and anr. v. ito and ors. : [2002]254itr210(sc) equivalent to 2002 (10) scc 444;the aforesaid show-cause notice was .....
Tag this Judgment!Court : Supreme Court of India
..... , authoritative articles written by eminent authors etc. before examining the same, let us first examine the legal status of a corporate structure, its usefulness in cross- border transactions and other legal and commercial principles in use in such transactions, which are germane to our case. part - ii corporate structure / general principles (national and ..... are owned directly or indirectly by one or more individual residents of a controlling state. lob clause also finds a place in india- singapore dta. indo mauritius treaty does not restrict the benefit to companies whose shareholders are non- citizens/residents of mauritius, or where the beneficial interest is owned by non ..... short trc) issued by the mauritian authorities has to be respected and in the absence of any limitation on benefit (lob clause), the benefit of the indo- mauritian treaty is available to third parties who invest in india through mauritius route. 39. mr. salve also argued on the extra territorial applicability of .....
Tag this Judgment!Court : Allahabad
Reported in : 2001CriLJ1765
..... ssection 173 or, in any case, harmoniously together therewith.... however, the law not only visualises but mandates a further investigation, where necessary, and consequential further police report or police reports....(5) in muzaffar abbas v. state of u.p., 1989 llj 68 : (1989 all lj 429), this court has held that the provisions of ..... therefore, inserted. ordinarily conceivable occasion for an additional charge-sheet would be the disclosure of some new material and so, while acknowledging and recognising the police officer's right to submit a fresh charge-sheet. those conceivable circumstaces are put on the statute. however, those circumstances are enumerative and not exhaustive ..... and in the interest of comity of the various agencies and institutions entrusted with different stages of such administration, it would ordinarily be desirable that the police should inform the court and seek formal permission to make further investigation when fresh facts come to light. (para 20 of scc) : (para .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT770
..... under official secrets act for handing over to any suspect or any source pak or own.i have never even seen major r.k. midha physically crossing indo-pak international border. i have never even seen him any where going beyond the prescribed limits of our area of operation.i had known about existence of maj. khan of ..... . talwar ordered the commander to arrest the operational area and directed that the appellant shall be arrested blind folded, handcuffed and was handed over to corps of military police at the headquarters of 26 inf. division. the appellant was kept in detention. the appellant was locked in a cell. the representation made by the appellant to ..... later, col. t.s. grewal, deputy director, military intelligence rang up the appellant and ordered that the body of the late hav. should be collected from the police mortuary and everything should be done without the knowledge of his relatives. the appellant was firm and did not agree, col. grewal threatened the appellant by stating that if .....
Tag this Judgment!Court : Supreme Court of India
..... same was also dismissed. 44. the appellate court, while dismissing the suit of surat singh, referred to the pleadings made in the plaint, that on 29-2-1992, police officials along with the officials of dda visited the site and proceeded to demolish inter alia the boundary wall of the disputed land. clearly, therefore, the cause of action ..... of kanungo and shri kulwant singh (pw-3), assistant zonal inspector. on behalf of the dda, prem chand (tehsildar) was examined as dw-1, constable prabhu singh of police station vasant kunj was examined as dw-2 and khem chand (patwari) as dw-3. 9. after considering the pleadings of the parties and evidence produced by them, the ..... jurisdiction of the corporation and the dda to take action for demolition of the structures, the officials went away with the threat that they will come again with the police force and demolish the same. paragraph 10 of the plaint and prayer (a), which have bearing on the decision of this appeal are reproduced below: 10. that .....
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