Court : Chennai
..... that contention also. counsel laid great emphasis on the expression for which he cannot satisfactorily account used in clause (e) of section 5(1) of the act. he argued that that term means that the public servant is entitled to an opportunity before the investigating officer to explain the alleged disproportionality between assets and the ..... court comes within the definition of public servant and consequently, they can be prosecuted for the commission of offence under the provisions of the prevention of corruption act, 1947. argument was also advanced before the hon'ble supreme court of india as to the entitlement of a public servant to an opportunity before an ..... complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned. obviously, he is not expected to act in a mechanical manner and in all cases to arrest the accused as soon as the report is lodged. in appropriate cases, after some investigation, the investigating .....
Tag this Judgment!Court : Supreme Court of India
..... interference and the present letter dated 05.05.2011 intending to cause embarrassment to the applicant and detract him from the ongoing investigation is clearly an act of interference that would jeopardize the ongoing investigation and thus hamper the petitioner from carrying out the directions of this hon ble court. 12 that ..... input, the directorate of enforcement had initiated discreet enquiries against m/s. sahara corporation and m/s. sahara india for alleged violation of foreign exchange management act, 1999. this investigation is handled by the present applicant, who made several enquiries with number of banks by issuing directives on 23.07.2010 and 28 ..... initiates the contempt proceedings in exercise of the powers conferred under article 129 read with article 142 of the constitution, irrespective of the provisions of the act and the rules to regulate proceedings for contempt of the supreme court, 1975. learned senior counsel placed considerable reliance on the judgment of this court in .....
Tag this Judgment!Court : Punjab and Haryana
..... untrue. without this, it is not possible to impeach his credibility. this view accords with the statutory provisions enshrined in section 138 of the evidence act, 1872 (evidence act, for short), which enable the opposite party to cross-examine a witness as regards information tendered in evidence by him during his examination in chief, ..... arranged a separate residence for the parties to the petition and their children; after few days the respondent resumed her violent and reckless behaviour and started acting discourteously, insultingly and insolently and threatened that in case the appellant did not transfer his property in her name and did not give entire earnings from ..... ', for short), vide judgment and decree dated may 16, 2001 (here-in-after referred to as, the impugned judgment and decree), having dismissed hindu marriage act petition no.29 of april 15, 1996 and thereby rejecting his plea for dissolution of his marriage with the respondent on the ground of cruelty, the unsuccessful .....
Tag this Judgment!Court : Chennai
..... hon'ble supreme court pointed out number of financial services rendered by non-banking financial companies in respect of hire purchase agreements and in the act of temporary transfer or permitting use or enjoyment of copyright of cinematographic film to another, no services are rendered by the producer/ distributor or ..... clearing and forwarding agencies, credit rating agencies, customs house agents, practising charted accountants, cost accountants, real estate agents, security agencies etc. the finance act has been amended year after year in order to bring more services into the tax net, as well as to insert certain new provision found necessary. ..... uthamar gandhi salai, nungambakkam, chennai-600 034. .. respondents w.p.no.3144 of 2012: ------------------- mediaone global entertainment ltd., a company registered under the companies act, 1956 having its registered office at no.59, vijayaraghava road, t.nagar, chennai-600 017 rep. by its managing director surya rajkumar. .. petitioner vs. 1 .....
Tag this Judgment!Court : Chennai
..... was dealt with by the division bench in the judgment reported in 2012 (4) lw89and correct interpretation was given to section the tamil nadu court-fees and suits valuation act, 1955, and the same can be upheld.10. heard the learned counsel appearing for the parties.11. as stated supra, by reason of the enhancement of pecuniary ..... the same logic when words in an earlier statue have received an authoritative exposition by a superior court, use of same words in similar context in a later act will give rise to a presumption that parliament intends that the same interpretation should also be followed for construction of those words in the later statute. the rule ..... the court of first instance for a finding and extends even to collateral proceedings and subsequent suits.". the learned judge accepted the air commentaries on the court-fees act and suits valuation act (2nd edition) page 871 and extracted the same in the judgment as follows:- ".to sum up: (1) where the objection has not been taken in .....
Tag this Judgment!Court : Chennai
..... for nearly 20 years, the family has pulled on, apparently without any difficulty. in this background, it must be held that the central administrative tribunal acted illegaly and wholly without jurisdiction in directing the authorities to consider the case of the respondent for appointment on compassionate grounds and to provide him with an ..... if the right itself does not survive and either expressly or by necessary implication it stands abrogated, the question of applicability of section 6 of the general clauses act would not arise at all. (see banisdhar vs. state of rajasthan, reported in (1989) 2 scc557and thyssen stahlunion gmbh vs. steel authority of india ltd. ..... is relevant to extract paragraph 71 of the above said judgment:- 71. the expression unless a different intention appears contained in section 6 of the general clauses act, thus, in this case, would be clearly attracted. a right, whether inchoate or accrued or acquired right, can be held to be protected provided the .....
Tag this Judgment!Court : Chennai
..... judgment are extracted hereafter: "....3. on the contrary, shri p. radhakrishnan, ld. departmental representative submitted that the assessee claimed deduction u/s 57 of the act for all the three assessment years towards travelling and other expenses. during the course of assessment, the assessing officer asked the assessee to produce supporting materials for ..... the deduction claimed u/s 57 of the act. the assessee explained before the assessing officer that no records were maintained, accordingly, it was offered for taxation voluntarily. therefore, according to the ld. dr, ..... inaccurate particulars of her income. 14.1. it was, essentially, a case, where, an untenable claim for deduction of travel expenditure under section 57 of the act had been made and that too based on the advise of a professional, i.e., an accountant. 15. therefore, we are of the view that no .....
Tag this Judgment!Court : Chennai
..... of question being asked without reasonable grounds), 151 (indecent and scandalous questions) and section 152 (questions intended to insult or annoy) of the indian evidence act, 1872. disposition: 44. on a careful consideration of respective contentions, this court, bearing in mind the entire conspectus of the attendant facts and circumstances of ..... the applicant/1st respondent submits that the 1st respondent/election petitioner has taken a new stand with reference to 10a of the representation of the people act, 1951 11. the learned senior counsel for the applicant/1st respondent refers to the handbook for candidates of election commission of india, 2009 (reprint ..... register before the district electoral officer, chennai district viz., the commissioner of corporation of chennai, under rule 88 of the rules under representation of people act. 7. the learned senior counsel for the applicant/1st respondent projects an argument that as far as the election expenditure of the election petitioner is .....
Tag this Judgment!Court : Karnataka
..... p. and others reported in air 1986 sc 319 whereunder it has been held that where a route is nationalized under chapter vi-a of the act (mv act, 1939), scheme totally prohibit private operators from plying stage carriages on route. it is also held that such private operator cannot ply on part of ..... parliamentary affairs or the secretary to government, transport department authorized by the minister concerned would be the authority to hear the objections under section 100 of the act. 13. sri. p.r.ramesh, learned counsel appearing for the respondent / corporation has contended that petitioners have been operating their services based on illegal ..... karnataka state transport appellate tribunal, bangalore orders are under challenge: (second set) table historical background: 2. in exercise of the power vested under section 68d of mv act, 1939 state government approved certain schemes during 1960, 1961, 1968 and on various other dates which are known and called as "bts scheme, bellary scheme, kolar .....
Tag this Judgment!Court : Karnataka
..... were responsible for the conduct of the business of the company. (iii) vicarious liability can be inferred against a company registered or incorporated under the companies act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make the accused therein vicariously ..... learned magistrate/special court (economic offences) bengaluru, after recording sworn statement of the complainant, has taken cognizance for the offence punishable under section 447 of the act of 2013 and issued summons.4. sri. k. g. raghavan, learned senior counsel appearing for the petitioners submits that on bare perusal of the complaint, it ..... the president of india is a major share holder holding 54.03% equity shares by investing public money. he appoints the board of directors under the companies act, articles of association and memorandum of association of beml ltd. company (for short company ). the board of directors of the company recommended 25% of the .....
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