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Showing 1 to 20 of 9640 Records

  • 2018 (1) TMI 1002 - MADRAS HIGH COURT

    V.G.P. Housing Private Limited Versus The Special Commissioner & Commissioner of Land Reforms, The Assistant Commissioner, Urban Land Tax, (Alandur) , The Special Tahsildar ULT Collection

    Validity of assessment order - levy of Urban Land Tax - Held that - the authority on facts concluded that the contention of the petitioner that the land is agricultural in nature is not tenable. Referring to Section 2(13) of the Act which states that no Urban Land Tax can be levied in respect of the land which is not capable of being used as a house site. But the petitioner themselves have admitted that the land is used for recreational and comme....... + More

  • 2018 (1) TMI 921 - SUPREME COURT OF INDIA

    Maharashtra State Electricity Distribution Company Ltd. Versus M/s. Datar Switchgear Limited And Ors.

    Constitution of an Arbitral Tribunal - arbitration proceedings culminated in the Arbitral Award dated June 18, 2004 - works order - contract for installation of Low Tension Load Management Systems (LTLMS) at various locations - it was alleged that the appellant did not supply the list of locations where the contract objects had to be installed - also, the appellant did not renew the LC through which the lease rentals were being paid for the insta....... + More

  • 2018 (1) TMI 828 - DELHI HIGH COURT

    Kamal Kapoor And Ors. Versus Kulvinder Kaur Chatwal & Anr.

    Demand of various electronic transfers made by the Plaintiffs to the Defendants - cheque was returned with the remarks Funds Insufficient - Section 138 of the Negotiable Instruments Act, 1881 - Held that - In the present appeal, on 23rd May 2016, an option was given to the Defendants to deposit the decretal amount. However, since the Defendants did not avail of the said option, this Court directed that execution petition would be proceeded with. ....... + More

  • 2018 (1) TMI 772 - KERALA HIGH COURT

    Sankappa Alva Versus State of Kerala, Represented By Public Prosecutor, High Court of Kerala, Ernakulam, The District Collector, Kasaragod, The Tahsildar (RR) And The Village Officer Kadambar Village, Kadambar, Kasargod

    Recovery of Compensation fines - Sec.357(1)(b) of the Cr.P.C. - Issuance of non-bailable warrant - grievance of the petitioner is that the trial court had subsequently taken up steps for execution of the impugned sentence and had issued, not only distress warrant for recovery of the compensation amount but had also issued nonbailable warrant against the petitioner, even though the petitioner had suffered more than the required substantive sentenc....... + More

  • 2018 (1) TMI 753 - CALCUTTA HIGH COURT

    Dhirendra Nath Pattanayak & Another Versus Sujit Kumar Maity & Another

    Natural justice - case of petitioners is that they have not been properly examined by the learned trial Court under Section 313 of the Code of Criminal Procedure and thereby the petitioners have been seriously prejudiced and they did not even answer the allegations levelled against them properly in the trial Court - Held that - It is true that all the incriminating materials are required to be put in during the examination of the petitioners so t....... + More

  • 2018 (1) TMI 745 - MADRAS HIGH COURT

    Leelakrishnan @ Neela Krishnan Versus S. Saroja, Ponnusamy, Regunathan, Jyothi

    Maintainability of petition - Designation to issue cheque - applicability of Section 141(ii) of the Negotiable Instrument Act - Held that - The present case would not fall under Section 141 (ii) of the Act, since there is no designation is mentioned in the complaint for the petitioner/2nd accused. In the complaint it is stated that the petitioner herein is an Authorized signatory of M/s. Chaya Knitting Ltd., Company. Therefore, Section 141 (ii) i....... + More

  • 2018 (1) TMI 743 - BOMBAY HIGH COURT

    Imran s/o Amanulla Pathan Versus Sayyed Mulayam Yunus

    Offence under Section 138 of the Negotiable Instruments Act - deposit of cheque by way of security - admission of additional evidence - Held that - the Appellate Court if it thinks additional evidence is necessary, shall record its reasons and may either take such evidence itself or direct it to be taken by the trial Court - The Appellate Court allowed the said application on the application of respondent and more particularly on the basis of the....... + More

  • 2018 (1) TMI 740 - CALCUTTA HIGH COURT

    M/s. DCS Limited & Ors, Raghu Prasad Pidikiti, Hari Prasad Pidikiti, Satya Prasad Pidikiti, Venkat Vara Prasad Pidikiti Versus The State of West Bengal, M/s. JMS Mining Services Pvt. Ltd.

    Undated cheques - jurisdiction of Courts to decide the matter - the cheques in questions were handed over as security deposit to the complainant/opposite party - Held that - an agreement was executed by and between the parties and the petitioners executed bank guarantee and also handed over some cheques in favour of the complainant/opposite party. Clause 10 clearly reveals that the parties had agreed that the complainant/opposite party shall have....... + More

  • 2018 (1) TMI 651 - MADRAS HIGH COURT

    K.N. Meenakshikutty Versus The District Collector, (District Magistrate) And The Vijaya Bank, Rep. by its Authorized officer & Chief Manager, Coimbatore

    Writ of prohibition - discharge of duty by statutory authority - Section 14 of the SARFAESI Act - possession of property - Held that - There is no quarrel that writ petitioner is entitled to enjoy the subject property and the heir apparent under the Will are the daughter-inlaw and Grandson of K.P.Ramakrishna Pillai viz., Mrs. Punithavathi and Ajith Kumar, respectively. - Section 14 of the SARFAESI Act, 2002 mandates that on receipt of an affidavi....... + More

  • 2018 (1) TMI 567 - BOMBAY HIGH COURT

    The Indian Hume Pipe Co. Ltd., Mr. Bhaskar S. Nadkarni, Reliance Industries Limited, & Others Versus State of Maharashtra.

    Constitutional validity of section 7 of the Bombay Stamp Act, 1958 - declaration is sought that the provisions of sections 3, 7 and 19 of the said Act to the extent to which the same seek to levy stamp duty on the copies of the instruments executed outside the State of Maharashtra are null and void - Held that - The deeds were chargeable in the State of Gujarat as the same are executed in the said State. Copies of the same are received in the Sta....... + More

  • 2018 (1) TMI 566 - GUJARAT HIGH COURT

    Gujarat State Petronet Limited Versus M/s. Gail India Limited And 3

    Pipeline laying activity in the Dahej SEZ area for transportation of Natural Gas - Suppression of facts - SEZ Act - PNGRB Act - infrastructure facility within the meaning of Section 2(p) of the SEZ Act read with the definition of infrastructure under Rule 2(1)(s) of the Special Economic Zones Rules 2006 - Held that - it is not disputed that the respondent No.2 M/s.OPAL needed an additional supply of gas, which the petitioner had refused to book f....... + More

  • 2018 (1) TMI 496 - BOMBAY HIGH COURT

    Harinarayan G. Bajaj, Shailesh Harinarayan Bajaj, Krishna Harinarayan Bajaj, Rahul Harinarayan Bajaj Versus Reliance Capital Limited, & Ms. Sesa Sterlite Limited

    Transfer of the pledged securities - repayment of loan - bounced cheques - Held that - even if we assume that the sale of the pledged securities by defendant no.1 was illegal and that plaintiffs were entitled to redeem the pledged securities, they can do so only against payment of the entire amount outstanding to defendant No.1 as if the disputed sale did not occur and the sale proceeds were not appropriated towards plaintiffs debt - At no point ....... + More

  • 2018 (1) TMI 495 - DELHI HIGH COURT

    Ranjeeta Mehra Versus State (NCT Of Delhi) & Anr.

    Bounced cheques - loan agreement - whether the sentence awarded should run concurrently or not? - Held that - If different cheques issued by the petitioner to the respondent no.2, which were subsequently dishonoured on presentation, arose out of a single loan transaction, then it could have been justified to direct for concurrent running of the sentences in relation to dishonour of cheques relevant to each such transactions - both the loan agreem....... + More

  • 2018 (1) TMI 430 - SUPREME COURT OF INDIA

    M/s. Inox Wind Ltd. Versus M/s Thermocables Ltd.

    Appointment of arbitrator - Section 11 (6) of the Arbitration and Conciliation Act, 1996 - rejection of application on the ground that the arbitration clause in the main contract was not incorporated by reference in the contract between the Appellant and Respondent therein - scope of Section 7 (5) of the Act - Held that - though general reference to an earlier contract is not sufficient for incorporation of an arbitration clause in the later cont....... + More

  • 2018 (1) TMI 312 - MADRAS HIGH COURT

    T.S. Sakthivel Versus P. Kuppusamy

    Cheque bounced - whether cheque was issued by the respondent or otherwise? - Held that - Once the signatory of the cheque did not dispute his signature found in the instrument then the presumption under Section 118 of Negotiable Instruments Act will come into play. As already stated the respondent/accused did not deny the signature found in the cheque in question. Therefore, both the Courts below have rightly came to a conclusion that the cheque ....... + More

  • 2018 (1) TMI 311 - MADRAS HIGH COURT

    Lakshmi Devamma, Padma, Shobha Rani, Rajeswari, Vijaya, Venkatesh Versus V. Chinnappa

    Cheque bounced - Recovery of money / dues - Section 138 of the Negotiable Instruments Act - In the absence of any privity of contract between the plaintiff and the predecessor of the defendants, or the necessary proof as to the existence of any legally valid debt or liability in favour of the plaintiff, whether the Courts below are correct in decreeing the suit of the plaintiff for recovery of money? - Held that - the plea of the defendants that ....... + More

  • 2018 (1) TMI 310 - MADRAS HIGH COURT

    Mr. Aman Versus Mr. N. Velan

    Service of notice - Dishonor of cheque - Whether there is proper compliance of the service of the statutory notice as mandated under Section 138 of the Negotiable Instruments Act? - Held that - it appears that the revision petitioner has not collected the above postal cover from the concerned post office - both the Courts below have categorically held that intimation regarding the Ex.P3, legal notice has been duly served upon the revision petitio....... + More


    Surinder Singh Versus State of Himachal Pradesh

    Grant of regular bail - purchase of prohibited drugs - illegal trade of prohibited drugs - Since occupants of the vehicle including present bail petitioner were unable to produce valid papers with regard to the transportation/possession of aforesaid psychotropic substance, police confiscated the contraband, and since then, the bail petitioner is in custody - Held that - this Court sees substantial force in the argument of Mr. Rana, learned counse....... + More


    Balwinder Singh @ Tete Versus State of Uttaranchal (now Uttarakhand)

    Offence punishable under Section 18/20 of N.D.P.S. Act - carry of psychotropic substance - poppy husk - non-compliance with section 50 and 57 of N.D.P.S. Act - Held that - A perusal of recovery memo would reveal that the police party told the accused that he is at liberty to get his search done before Gazetted Officer or Magistrate, however, the accused on finding himself caught by the policemen told that the police party may conduct his search. ....... + More

  • 2018 (1) TMI 122 - ALLAHABAD HIGH COURT

    Baijil Saliben Versus State of U.P.

    Offence u/s 8/22 of the NDPS Act - recovery of 120 grams Alprazolam powder from him - compliance of Section 42 and Section 50 of NDPS Act - Held that - Upon perusal of the said consent memo, it is found that it has been signed by some officer on 18.7.2013, and has also been signed by the accused-appellant and it is recorded in this memo that accused was arrested on 18.7.2013 by police party with Aprazolam powder and was apprised about his legal r....... + More

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