Judgment Search Results Home > Cases Phrase: konkan passenger ships acquisition act 1973 section 14 penalties Year: 2005 Page 1 of about 64 results (0.349 seconds)

Ashok Gyanchand Vohra Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 2006CriLJ1270; 2006(3)MhLj163

V.G. Palshikar, Acg. C.J.1. The above writ petitions were heard by us and the judgment was reserved. Then I prepared the judgment of the Bench in November, 2005 and circulated it to my learned colleagues on the Bench. However to my dismay, I was informed by both my colleagues that they do not agree with the view taken by me on the presumption that they agree with me. I then read the majority view rendered by Hon'ble Shri Justice D.B. Bhosale. Having given my anxious consideration to the views expressed I found it impossible to agree with the majority view. Hence this opinion.2. I regret my incapacity to convince my learned colleagues to the view that I propagated. In my humble opinion, the majority view has the result of virtually destroying the safeguards provided under the MCOC Act. The majority view reads several things into the Act which are not legislated. It has the effect of permitting the Special Court under the Act not only to take cognizance of private complaint alleging comm...

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457;

K.G. Balakrishnan, J.(Editor: Majority opinion by K.G. Balakrishnan, Arun Kumar, D.M. Dharmadhikari, JJ.)1. Leave granted.2. The appellant in Civil Appeal No. 1748 of 1999 filed a writ petition before the High Court of Bombay challenging various notices issued to them under Section 50 read with Section 51 of the Foreign Exchange Regulation Act, 1973 (for short, the FERA Act) and contended that the appellant company was not liable to be prosecuted for the offence under Section 56 of the FERA Act. In this appeal filed against the judgment of the Division Bench of the Bombay High Court, dated 7th November, 1998, the appellant contends that no criminal proceedings can be initiated against the appellant-company for the offence under Section 56(1) of the FERA Act as the minimum punishment prescribed under Section 56(1)(i) is imprisonment for a term which shall not be less than six months and with fine. Section 56 of the FERA Act, 1973 reads as follows :'56. Offences and prosecutions - (1) Wi...

Technip S.A. Vs. Sms Holding (Pvt.) Ltd. and ors.

Court : Supreme Court of India

Reported in : III(2005)BC56(SC); [2005]125CompCas545(SC); (2005)4CompLJ385(SC); 2005(4)CTC209; JT2005(5)SC506; (2005)5SCC465; [2005]60SCL249(SC)

..... s letter that they were ultimately planning to take over coflexip and they 'were on this merger, passing through a number of necessary stages: which included 'the acquisition of 30% of coflexip in april 2000...'(vi) 'isis has its nominees on the board of technip. isis has its nominees of coflexip. ..............thus in a ..... 'person acting in concert'. we are concerned with sub-section (i) which says that it comprises 'persons who, for a common objective or purpose of substantial acquisition of shares or voting rights or gaining control over the target company, pursuant to an agreement or understanding (formal or informal), directly or indirectly co-operate by ..... control over coflexip and therefore seamec treating seamec as the target company. the emphasis is on the target company whether the case is of direct or indirect acquisition under the regulations. thus regulation 2(b) of the regulations defines 'acquirer' as meaning any person who, directly or indirectly, acquires or agrees to acquire .....

Shin-etsu Chemical Co. Ltd. Vs. Aksh Optifibre Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)

..... to refuse a reference to arbitration if it 'finds' that the arbitration agreement is 'null and void, inoperative or incapable of being performed'.4. this court in konkan railways corporation ltd. and ors. v. mehul construction co. : air2000sc2821 pointed out that parliament had clearly indicated that the act had substantially adopted the model law ..... .'90. the court after examining the documents and taking into account the commercial reality of the situation came to the conclusion that the plaintiffs, i.e., shipping company has made out a 'strongly arguable case' in support of the existence of an arbitration agreement. the court further observed that 'obviously it has not ..... to examine in detail the documents since the parties failed to produce the document containing the authorization given to the broker to act on behalf of the shipping company. therefore, the court has referred to the commercial reality as well as the affidavits of the parties to arrive at the conclusion that there was .....

Karnataka State Road Transport Corporation, Rep. by Its Managing Direc ...

Court : Karnataka

Reported in : ILR2005KAR1605

..... the services to the maximum possible extent in view of the recommendation of the planning commission report, the contract carriage acquisition act has been repealed in the interest of passengers comfort and safety. this has paved way for operation of contract carriage service throughout the state.from the above, what ..... national development, and the socialistic pattern of society as the national objective required that public utility services should be in the public sector. the acquisition of road transport undertakings by the state, therefore, undoubtedly served the public purpose.'without taking away the effect of the said judgments, the amended ..... karnataka motor vehicles taxation and certain other law (amendment) act, 2003, (hereinafter referred to as 'the amendment act') by which the karnataka contract carriages (acquisition) act, 1976 (hereinafter referred to as 'kcca act') has been repealed, the constitutional validity of it was upheld by the constitutional bench and another decision .....

Sant Lal Tek Chand Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2005]142STC135(P& H)

G.S. Singhvi, J.1. The Sales Tax Tribunal, Haryana (for short, 'the Tribunal') has referred the following questions for the opinion of this Court:'(i) Whether in the facts and circumstances of the case, the Tribunal was justified in upholding the penalty under Section 48 of the Haryana General Sales Tax Act, 1973 ?(ii) Whether in the facts and circumstances of the case, the Tribunal was justified in inferring deliberateness in filing the third quarterly return by ignoring the explanation of the petitioner?(iii) Whether in the facts and circumstances of the case, the Tribunal was justified in confusing the words 'withholding' with the words 'evasion of tax' and was right in law in upholding the penalty when the turnover for the whole of the year as returned by the petitioner in the return of paddy has been accepted and the assessment made for the whole of the year?' (In the original reference order as well as statement of case sent to this Court, the Tribunal has, by mistake used the wo...

Mohd. Mustafa Ahmed Alvi and ors. Vs. Union of India (Uoi) and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD749; [2007]137CompCas815(AP); [2006]68SCL462(AP)

ORDERB. Seshasayana Reddy, J.1. This writ petition has been filed by the petitioners, who are five in number, with a prayer to call for the file of Union of India represented by the Secretary to Government, Department of Revenue, Ministry of Finance and Company Affairs, New Delhi-1st respondent in SO 308(E), dated 20.3.2003 and the consequential proceedings issued by the Commissioner of Customs, Custom House, Chennai-3rd respondent in File Nos.T-4/3-M/95/SCN(1), T-4/3-M/95-SCN-II, T-4/4-M/95-SCN-1, and T-4/4-M/95-SCN-II/Comr/Exp/Enf/15/ 2003 dated 20-8-2004 and declare the same to be illegal, arbitrary and without jurisdiction.2. The Director of Directorate of Enforcement, New Delhi-2nd respondent registered cases against the petitioners for contravention of Sections 9(1)(a), 9(1)(b), 9(1)(d), 9(3) and 64(2) of Foreign Exchange Regulation Act, 1973 (hereinafter called as FERA). Show-cause notices to the petitioners were issued on 22.2.1995 followed by call notices on various dates and ...

Chief Executive Officer, Zilla Parishad Vs. C.V. Narasimha Rao and ors ...

Court : Andhra Pradesh

Reported in : 2006(1)ALT516

..... have approached this court, for a direction that the action of the respondents is illegal and also for further direction to the respondents to initiate the land acquisition proceedings for acquisition of the said lands and to pay compensation.this matter came up for hearing on 25-6-1999 and the learned government pleader for panchayat raj department took ..... any counter. the respondents have laid a road on the petitioners' private land and therefore, the respondents are under an obligation to initiate the proceedings under the land acquisition act to acquire the same and pay compensation. otherwise, the respondents have no right over the private lands of the petitioners to lay a road. it is stated ..... against the order in w.p.no. 12815/99 dated 27-12-1999.no doubt, in w.p.no. 12815/99, direction was given to initiate land acquisition proceedings. it is needless to say that these writ appeals cannot be disposed of at this stage on merits for the reason that the appeal preferred by the government .....

Lalu Prasad @ Lalu Prasad Yadav and Rabri Devi Vs. State of Bihar Thro ...

Court : Patna

..... 1996-97 declaring her false income from dairy farming and agriculture, in order to aid her husband sri lalu prasad to account for his unexplained pecuniary resources in the acquisition of aforesaid assets. the income-tax authorities have found that smt. rabri devi did not have any such income of her own from dairy farming prior to the assessment ..... and agriculture, which were found to be an afterthought in order to aid and enable her husband sri prasad to account for his unexplained pecuniary resources invested on the acquisition of the said assets. smt. rabri devi did not have any such income of her own from dairy farming prior to the assessment year 1993-94, nor had ..... patna; the valuation of the land has been made without any basis and ignoring the fact that the lands in question were not developed at the time of their acquisition; sri prasad has not claimed any right in his ancestral house and there is no material to show that he spent any amount on its development but the prosecution .....

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

..... tea association v. ajit kumar barat, : (2000)illj809sc ]several similar actions having far reaching consequences have been held administrative, for instance, an order of acquisition or requisition of property; an order making an appointment to a civil post, an order granting sanction to prosecute a public servant; etc.it cannot be gainsaid ..... (2000)9scc406 ; ouseph mathai and ors. v. m. abdul khadir; : air2002sc110 ]in state of orissa and ors. v. gokulananda jena, : air2003sc4207, relying upon konkan railway corporation ltd. ii, the high court of orissa held that since the order passed by the chief justice was administrative, it was not amenable to writ jurisdiction under ..... before a two-judge bench, an order was passed directing the registry to place the papers before hon. the chief justice for passing appropriate orders. konkan railway corporation ltd. i was thus placed before a constitution bench of five judges. the constitution bench, : [2002]1scr728 considered the relevant provisions .....