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Jindal Strips Limited and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (2008)12VST149(P& H)

..... of freedom of trade and commerce is not addressed merely against prohibitions, complete or partial; it is addressed to tariffs, licensing, marketing regulations, price-control, nationalisation, economic or social planning, discriminatory tariffs, compulsory appropriation of goods, freezing or standstill orders and similar other impediments operating directly and immediately on the freedom of ..... as a class.11. the petitioners have filed affidavits dated december 4, 2006 and march 2, 2007, wherein apart from pointing out that the petitioner-company is not individually given any service, it has been argued that the services envisaged in the affidavits of the state did not make the impugned levy ..... , examined the issue with reference to the provisions of the bihar taxes on entry of goods into local areas for consumption, use or sale therein act, 1993 (act 16 of 1993) as adopted by the state of jharkhand vide notification dated december 15, 2000 and as amended vide jharkhand tax on entry of .....

Sundeep Kumar Bafna Vs. State of Maharashtra and anr

Court : Supreme Court of India

..... will also be germane to briefly cogitate on the fasciculous captioned section 438 of the code of civil procedure, as amended by the code of criminal procedure (amendment) act, 2005 of the 203rd report of the law commission. although, the law commission was principally focused on the parameters of anticipatory bail, it had reflected on niranjan ..... restraint. the provisions relating to the anticipatory bail may not be attracted in such a case . an amendment was proposed to the provisions vide crpc (amendment) act, 2005 making the presence of the applicant seeking anticipatory bail obligatory at the time of final hearing of the application for enlargement on bail. the said amendment has ..... topicality:- 19 besides, if and when the occasion arises, it may be possible for the prosecution to claim the benefit of section 27 of the evidence act in regard to a discovery of facts made in pursuance of information supplied by a person released on bail by invoking the principles stated by this court in .....

P. Rama Gopal Varma Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Hyderabad

..... national thermal power v. cit (1998) 229 itr 383 (sc). in support of his alternate contention, the decisions in pondicheiiy railway co. ltd. v. cit 5 itc 363 (pc), kedarnath jute mfg. co. v. cit (1971) 82 itr 363 (sc) and cit v. s.c. kothari (1971) 82 itr 794 (sc) among various other rulings are relied.14. in ..... context where we are examining the deeming provision contained in section 69c.19. it is because of this peculiarity that section 69c is inserted in chapter vi of the act which deals with "aggregation of income and set off or carry forward of loss". the chapter deals with the aggregation of different income already computed under different contexts and ..... of the assessee are that the seized paper contained only preliminary estimates for some part of film production and those jottings in a loose sheet of paper could not be acted upon as evidence for the purpose of making additions.34.3. we considered the matter in detail. the ao has considered the matter in detail in paragraphs 082b, .....

Fenoplast Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (1998)(62)ECC730

..... and that it was merely a question of classification of product. the above para 17 is reproduced for convenience of reference: 17. next queston raised by the respondent company is regarding the demand being hit by limitation inasmuch as no show cause notice of demand has been issued by the department. we are unable to deal with ..... . in gokak patel vokkart ltd. v. collector of central excise, belgaum has held that the provisions of section 11a(1) and (2) of central excises and salt act act. 1944 make it clear that the statutory scheme is that in the situations covered by sub-section (1), a notice of show cause has to be issued and sub ..... demand for differential duty for past period--demand issued straightaway subsequently not regardable as being in continuation of earlier show cause notice--section 11a(1) of central excises and salt act, 1944.--any proceeding under section 11a involves three stages: (i) issue of a show cause notice, (ii) adjudication by competent authority, and (iii) issue of a .....

Bush Vs. Vera

Court : US Supreme Court

..... the possibility that the court will require gingles districts (or districts substantially close 1070 to them) when compliance with 2 of the voting rights act is an object of districting would render a state's districting obligation more definite only by eliminating its ability to apply the very districting principles ..... shape itself. second, there is evidence that the districts were intentionally drawn with consciousness of race in an effort to comply with the voting rights act. third, the plurality dismisses two raceneutral considerations (communities of interest and incumbency protection) that appellants advanced as race-neutral considerations that led to the ..... drawing of districts. in such circumstances we should take particular care in questioning the legislature's motives and, if in doubt, presume that the legislature has acted appropriately. see post, at 1058-1062 (souter, j., dissenting). lowe require state legislatures to ensure that populations, from district to district, are "as .....

r.s. Dahiya vs.state (Through Nct of Delhi)

Court : Delhi

..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....

Sher Singh vs.govt. Of Nct of Delhi

Court : Delhi

..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....

Anil Kumar vs.state

Court : Delhi

..... . we may also note that pw-1 did not initially have the courage to go to the police station in the first instance and had sought the company of idris. hence, to say that the natural conduct would have been to approach the higher officials is a fallacy.122. we proceed to appreciate the ..... to record it. 106. the law commissioner in its 152nd report relating to custodial crimes while reiterating the recommendation of inclusion of section 114b in the evidence act, further recommended legislative changes penalizing the refusal of officers recording information regarding cognizable offence and also recommended the formation of an alternative judicial crl.a. 54/2004, ..... the two offences are different, thereby demanding appreciation of evidence from the perspective relevant to such ingredients. the trial court in that view of the matter acted mechanically for it framed an additional charge under section 302 ipc without adverting to the evidence adduced in the case and simply on the basis of the .....

Kotak Mahindra Bank Ltd. Vs. A. Balakrishnan

Court : Supreme Court of India

..... the corporate debtor of the amount demanded. the kmbl further issued a winding up notice dated 6th may, 2008 under sections 433 and 434 of the companies act, 1956 to the corporate debtor. 46. aggrieved by the continuous default of payment by the corporate debtor and the borrower entities, kmbl filed three applications under ..... ibc was brought into force, the recovery certificate holders lost their right to use their certificate as a decree for initiating winding up proceedings under the companies act. shri viswanathan relied on the judgment of the tripura high court in the case of subhankar bhowmik vs. union of india and another5 in support of ..... decree or order of the court for the purposes of initiation 55 of winding up proceedings against a company registered under the companies act, 2013 (18 of 2013) or limited liability partnership registered under the limited liability partnership act, 2008 (9 of 2008) or insolvency proceedings against any individual or partnership firm under any law .....

Deputy Commissioner of Income Tax Vs. Electropack [Alongwith Misc.

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Reported in : (2005)94TTJ(Ahd.)973

..... the block assessments : (ii) during the course of search and seizure operation at the residential premises of shri shailesh bhandari, joint managing director of the assessee-company and shri pukhraj b. shah, a close business associate of electrotherm group, following documents containing evidence of bogus purchases from various bogus parties had been found and ..... (2). the learned departmental representative in support of his contention relied upon the decision of the calcutta high court in the case of cit v. kelvin jute co. ltd. (1980) 126 itr 679 (cal).5. the learned departmental representative submitted that the amendment which came into operation later must in view ..... accordingly.12. in the result, for statistical purposes, all the three miscellaneous applications of the revenue are allowed.reference under section 255(4) of the it act, 1961 2 as there is a difference of opinion between the members of the bench who heard these miscellaneous applications, the following point of difference, .....