Court : Chennai
Decided on : Nov-28-2007
Reported in : II(2008)BC699
..... be held that notice to the firm will amount to notice to the partners and vice-versa.20. therefore, in the considered view of this court the contention of the learned counsel appearing for the petitioner merits acceptance and the contention of the learned counsel appearing for the respondent is liable ..... 2 ors. v. shasun chemicals and drugs ltd. (supra), the decision in girish chandra pandey v. kanhaiyalal chandak (supra), of the calcutta high court cannot be relied upon.19. it is pertinent to point out that admittedly the notice sent to the firm and other partners namely a1 and a2 were ..... drawer. only when that process fails, the cause of action, as envisaged in section 138, would arise against them, to enable the complainant to approach the court, within the stipulated time so. the starting of the process is, the service of notice on the persons, who represent the company, the drawer of the ..... the learned counsel appearing for the petitioner relied upon the following decisions, viz.:(i) b. raman and 2 ors. v. shasun chemicals and drugs ltd. ii (2008) bc 83 : ii (2008) clt 91 : 2006(2) lw (cri.) 775 (db).(ii) poppys spinning mills (p) ltd. v. c. visalakshi and anr. .9. in the ..... and it was placed before the court, but without rectifying the defect what was found in the notice issued to the opposite party. but, this would not satisfy the legal requirements. the legislative intent of a notice in a proceeding under section 138 of the negotiable instruments act is making the opposite party .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT
Decided on : Feb-02-2007
Reported in : (2008)297ITR176(Bang.)
..... , the cit(a) has held that maps cannot be described as plan or designs. in this regard reliance is placed on a decision of supreme court reported in 253 itr 274 in the case of commissioner of custom v. parasrampuria synthetics ltd. the learned cit(a) erred in holding that the ..... ii p.257 transfer means "to convey or make over title, right or property by deed or legal process 31. under section 2(47) of the act, the term "transfer", in relation to a capital asset, includes:sunil siddharthbhai v. commissioner of income-tax kartikeya in the general sense, the expression "transfer ..... for the development and transfer of technical plan and technical design. the term "development" has been defined in the advanced law lexicon to mean: the act, process or result of developing or growing or causing to grow; the state of being developed" happening. the word 'transfer' means the passage of ..... execute all work and services required pursuant to this survey in a professional and work manlike manner, and in compliance with all applicable laws, regulations, acts and notices of any federal, provincial, territorial or local government or any agency thereof. clause 1.15: all information and data to any site on ..... of 'fees for technical services' under the article 12 of the indo-netherlands double tax avoidance agreement (dtaa) read with section 90 of the act.alternatively, he has also held that the payment in question was for development and transfer of a technical plan or technical design. thus he held .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-19-2007
Reported in : I(2008)BC268; 2007CriLJ2182
..... he has only the right of prosecution or defence in the manner prescribed for the time being by or for the court in which the case is pending, and if, by an act of parliament the mode of procedure is altered, he has no other right than to proceed according to the altered mode. ..... the pending cases in which investigation was not complete on the date on which the amendment act came into force and the challan had not till then been filed in the court. from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ..... 1996 and the complaint having been filed beyond the period of limitation prescribed under section 142 of the act, the court could not have legally taken cognizance of the offence. learned counsel relied upon recent judgment of the supreme court in prem chand vijay kumar v. yash pal singh and anr. : (2005)4scc417 wherein it ..... experts, it was decided to bring out the amendments, inter alia, to allow discretion to the court to waive the period of one month, which was prescribed for taking cognizance of the case under the act.4.1. it is stated at page 570 in volume 44 of halsbury's laws of england ..... deal with such matters was found to be cumbersome. keeping in view the large number of complaints pending in various courts, a working group was constituted to review section 138 of the act and for making recommendations as to what changes were needed to effectively achieve the purpose of that section, and after .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-02-2007
Reported in : (2008)304ITR130(Pune.)
..... though no part of that amount represented any expenditure actually made during the year. it was, thus, concluded by the hon'ble apex court that if a certain act or event has imported a definite and absolute liability on the assessee, that liability would be an accrued liability and would not convert into ..... party who has committed the breach is required to pay such compensation and that is what is provided in section 73 of the contract act. thereafter the hon'ble supreme court has in the concluding paragraph at para 72 b(1) page 31 of the photocopy enclosed laid down the criteria adopted in allowing ..... v. cit (2000) 245 itr 431 (sc). therefore, applying the samp analogy as applied in the case of warranty by the hon'ble kerala high court, delhi high court and the privy council in the cases of i) cit v.indian transformers ltd (supra), ii) cit v. vinitec corporation p ltd (supra) and iii ..... and not extravagant.7.2 after considering the assessee's submissions as well as the ao's order and a number of decisions of the various high courts and supreme court, the cit (a) has confirmed the ao's order. while deciding the issue against the assessee, the cit (a) has made following observations ..... conditional one merely because the liability was to be discharged at a future date. it was further observed by the hon'ble apex court that there .....Tag this Judgment!
Court : Kerala
Decided on : Mar-13-2007
Reported in : 2008(3)KLJ375; 2008(4)KLT290
..... get in touch with the external portions of the female genital organ like labia majora etc. according to me, it is such process of 'penile-accessing', which the supreme court and this court described as, 'penetration into labia majora, pudendum, vulva' etc., in the decisions cited above. this is the type of 'penetration' which is referred to in the explanation ..... , by the peculiar language in the explanation to section 375 ipc, even though ordinarily, penile-vaginal entry is an inevitable requirement for sexual intercourse.19. the supreme court and various high court of this country, have made clear the import of the peculiar language in the provision and those are reflected in their various decisions. though not in so many ..... conviction and sentence in this revision.4. learned counsel appearing for revision petitioner vehemently contended that the conviction of attempt to rape is totally unsustainable, since both trial court as well as appellate court held that there was no 'penetration' or even 'partial penetration' into the vagina. 'penetration' is an essential ingredient of section 375 ipc, but there was no ' ..... sufficient to constitute sexual intercourse necessary to the offence of rape.32. still, both the courts below held that prosecution failed to prove 'penetration'. this led to the further mistake in holding that the act committed amounts to an attempt to rape only. in fact, the act committed in this cases, constitutes offence of rape itself, as defined under section 375 ipc .....Tag this Judgment!
Court : Delhi
Decided on : Mar-28-2007
Reported in : 2007(2)ARBLR133(Delhi); 141(2007)DLT822
..... as would disentitle the petitioner to grant of an injunction. nature of relief which can be granted under section 9207. section 9 of the arbitration act enables a court to exercise jurisdiction and pass such orders as are required to maintain the sub-stratum of the subject matter of the arbitration.208. the next ..... subsisting, such stipulation could not be held to be in restraint of trade so as to attract the bar of section 27 of the contract act. the court thereafter proceeded to consider as to whether the plaintiff in the case in hand was entitled to the injunction prayed for to compel enforcement of the ..... during arbitral proceedings or at any time after the making of the arbitral award but before it is enforced under section 36 of the act, may apply to the court for an interim order under section 9, however, without a substantive move for reference or declaration on the petitioner's stand on the ..... para 9(c), the respondent admitted that cold tank repair is not to be undertaken for the next two years, i.e. by the end of 2008. the admitted position is that the board of ggl had not considered any proposal for undertaking the repairs of the cold tank which was not absolutely eminent ..... $ 45 million. such repairs are required to be undertaken in the coming two years beginning from 2007 though actual repairs may start in the year 2008. merely shifting the reserve for such repairs from one heading to another for accounting purposes is distinct from having the actual cash to pay for the same .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Apr-05-2007
Reported in : (2007)210CTR(P& H)215; 303ITR279(P& H)
..... the tribunal has also committed an error by holding that the loss cannot be taken into consideration after providing for depreciation whereas hon'ble the supreme court has taken a contrary view. therefore, the reference deserves to be answered in favour of the assessee.6. in view of our above discussions, ..... , the language of clause (b) of the proviso to section 205(1) of the companies act, 1956, has been clarified by hon'ble the supreme court by holding that it applies to those cases where the depreciation has been provided. according to the learned counsel, the depreciation is provided ..... akshay bhan, learned counsel for the assessee has argued that the controversy now stand concluded in favour of the petitioner by the judgment of hon'ble the supreme court in the case of surana steels pvt. ltd. v. deputy commissioner of income-tax and ors. : 237itr777(sc) . according to the learned counsel ..... /92 in respect of assessment year 1989-90, the income-tax appellate tribunal has referred only the following question of law for the opinion of this court:whether on the facts and in the circumstances of the case, the tribunal was justified in holding that 'loss' mentioned in clause (b) of ..... read and understood in the context of section 115j of the income-tax act, 1961.5. when the facts of the present case are examined in the light of the principle laid down by hon'ble the supreme court it transpires that the tribunal has committed an error of law by refusing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-19-2007
Reported in : AIR2007SC1682; IV(2007)BC516(SC); (2008)1CompLJ124(SC); 2007CriLJ2448; 2007(3)CTC495; JT2007(6)SC292; 2007(2)KLT1030(SC); 2007(4)MhLj375; 2007MPLJ375(SC); 2007(5)SCALE821;
..... the trial. taking the view that the complaint disclosed adequate material for proceeding against the appellant in terms of section 138 read with section 141 of the negotiable instruments act, the high court refused to accede to the prayer of the appellant and dismissed the application filed under section 482 of the code of criminal procedure. challenging the said order of the ..... the other hand, submitted that the complaint contained adequate averments justifying the initiation of prosecution against the appellant for the offence under section 138 of the negotiable instruments act and the high court was right in refusing to quash the complaint under section 482 of the code of criminal procedure leaving it to the appellant to establish his defence at the trial ..... against. the complaint also asserted that all the accused were guilty of the offence in terms of section 138 of the negotiable instruments act and were liable to be punished therefore. 5. the appellant herein moved the high court under section 482 of the code of criminal procedure seeking the quashing of the complaint insofar as it related to him. the ..... a prosecution is sought against a company and its officers, in terms of section 141 of the said act. learned counsel placed considerable reliance on the decision of this court in s.m.s. pharmaceuticals ltd. v. neeta bhalla and anr. : 2005crilj4140 . therein, this court observed:in the present case, we are concerned with criminal, liability on account of dishonour of cheque. .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-02-2007
Reported in : (2007)213CTR(P& H)20; 296ITR419(P& H)
..... claim of depreciation, was upheld. however, in further appeal before the tribunal, the claim made by the assessee was accepted relying upon the judgment of this court in ctt v. pepsu road transport corporation (2002) 172 ctr (p & h) 72 : (2002) 121 taxman 232 (p & h). while accepting the claim, the ..... wrong in directing the ao to consider the interest income as part of business profit for computing deduction under section 80hhc of the act. while considering the issue, this court found that in fact while framing the assessment in avery cycle industries ltd. 's case (supra), the ao himself had ..... computing the income under various heads at the time of assessment and another by calculating the deduction under section 80hhc of the act.13. similar question came up for consideration before this court in it appeal no. 73 of 2005, ctt v. aveiy cycle industries ltd., decided on 12th sept., 2006 [reported ..... reason for reducing the same out of the income from business or profession for the purpose of calculation of deduction under section 80hhc of the act, as after including the same in the income from business or profession, the reduction, as envisaged under that provision, would be carried out. ..... on fdrs should be considered as income from business and profession and accordingly should be included for the purpose of computing deduction under section 80hhc of the act. however, the claim made by the assessee was rejected by the ao. the commissioner of income-tax (appeals) [for short, the 'cit( .....Tag this Judgment!
Court : Kolkata
Decided on : May-03-2007
Reported in : II(2008)BC553,94SCL270(Cal)
..... of indebtedness be affirmatively established, but the quantum thereof needs also to be conclusively demonstrated. if indebtedness of the company is apparent as to apart of the claim, the company court may receive such part of the petitioner's claim that is free from doubt and require the other, undetermined part to be established elsewhere. despite the company conveying the overwhelming ..... of indebtedness being established before it permits a creditor's petition for winding up to proceed. for one, even though the floor limit set by the provisions of the companies act is a meagre rs. 500/-, it would be unfair to subject a functioning company to the attendant miseries upon a winding up petition being admitted merely on the company ..... directorate of revenue intelligence, kolkata zonal unit, kolkata, calling upon them to show cause as to why proceedings should not be initiated against them under section 124 of the customs act, 1962, for diversion of the said goods imported and cleared under the aforesaid bills of entry in violation of the advance licence/ duty exemption entitlement certificate scheme and for evasion ..... delivered by your client to my client.13. thereafter, in or about july, 2003, my client was shocked and surprised to receive a summons under section 108 of the customs act, 1962, calling upon them to appear before the directorate of revenue intelligence, kolkata zonal unit, kolkata, for giving evidence and for producing documents pertaining to the transactions under the said .....Tag this Judgment!