mi Jamir Uddin vs The State Of Assam on 11 November, 2024 By indiankanoon.org Published On :: Date : 11.11.2024 1. Heard Mr. M. A. Choudhury, learned counsel for the petitioner. Also heard Mr. R. R. Kaushik, learned Additional Public Prosecutor for the State Respondent. 2. This application under Section 483 of the BNSS, has been filed by the petitioner, namely, Jamir Uddin, who has been detained behind the bars since Page No.# 2/8 19.12.2022 (for more than 1 year 10 months) in connection with Special (NDPS) Case No. 170/2022, which is pending in the Court of learned Sessions Judge, Karimganj. 3. The gist of accusation in this case is that on 19.12.2022 about 739 grams of heroin was seized from the possession of 4 (four) accused persons including the present petitioner and on 19.12.2022, one Nilov Jyoti Nath, S.I. of Police had lodged an FIR to that affect before the Officer-In-Charge of Ramkrishna Nagar Police Station. On receipt of the said FIR, Ramkrishna Nagar P.S. Case No. 165/2022 was registered under Section 21(c)/25/29 of the NDPS Act, 1985, and investigation was initiated. Ultimately, on completion of the investigation, charge-sheet was laid against four numbers of accused persons, including the present petitioner on 30.04.2023 under Sections 21(c)/25/29 of the NDPS Act, 1985. Full Article
mi Loku@Shaukat Miya vs The State Of Madhya Pradesh on 8 November, 2024 By indiankanoon.org Published On :: This is first application filed by the applicant under Section 483 of BNSS, 2023 for grant of bail relating to Crime No. 71 of 2022 registered at Police Station - Tyonda, District Vidisha (M.P.) for the offence under Section 366, 376 (2)(N), 342, 323, 34 of IPC and section 5/6 of POCSO Act. Learned counsel for the applicant argued that applicant is innocent and has been falsely implicated. It is further argued that applicant is in custody since 13.09.2024. After conclusion of investigation, charge-sheet has been filed, therefore, further custodial interrogation is no more required. It is further argued that entire prosecution story in respect to the present applicant is highly suspicious in the light of the fact that allegedly the incident occurred on 05/04/2022 and the prosecutrix was recovered on 16/04/2022. Thereafter, her statement under section 164 of Cr.P.C. was recorded, in which, she mentioned her age as 20 years. She has also stated that she left NEUTRAL CITATION NO. 2024:MPHC-GWL:19386 2 MCRC-44213-2024 her house on her own volition because she wanted to marry with the present applicant. Her statement under section 164 of Cr.P.C. further indicates that she visited various places along with the applicant, however, she did not raise any alarm or tried to escape from the custody of the applicant. It is further submitted that allegation of human trafficking is not against the present applicant. It is further argued that co-accused Abid has already been acquitted in this case bearing S.T. No. 32/2023 vide judgment dated 10/06/2024. In that case, learned trial court has given specific opinion that the prosecutrix was major at the time of incident. Thus, at the most, this is a case of consensual sexual relationship between two adult persons. The applicant has no criminal antecedents. He is permanent resident of District Raisen (M.P.) and there is no possibility of his absconsion or tampering with the prosecution evidence. He shall abide by all the terms and conditions as may be imposed by this Court. Hence, he prays for grant of bail to the applicant. Full Article
mi Krishi Upaj Mandi Samiti Pichhore Thr. vs Mukesh Kumar Bhatt on 8 November, 2024 By indiankanoon.org Published On :: APPEARANCE: Shri S.P. Jain - Advocate for the petitioner. Shri Subodh Pradhan - Advocate for the respondent. ---------------------------------------------------------------------------------------------------------- {Passed on 8th the Day of November, 2024} 1. The present petition under Article 227 of the Constitution is preferred by the petitioner being crestfallen by the award dated 24- 03-2018 (pronounced on 02-05-2018) passed by the Labour Court No.2, Gwalior in case No.02/A/I.D. Act/2015 (Reference) whereby the respondent has been directed to be reinstated with 50% back wages. 2. Precisely stated facts of the case are that petitioners and respondent were having workman employer relationship and the respondent was appointed as daily rated Nakedar on Collector rate in the establishment of petitioner No.1 Samiti. The dates and events having material bearing over the case and necessary for disposal of the case are as under: Full Article
mi Sabith vs Additional Commissioner Of Customs on 8 November, 2024 By indiankanoon.org Published On :: [WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows; Full Article
mi Najeeb Rahman vs Additional Commissioner Of Customs on 8 November, 2024 By indiankanoon.org Published On :: [WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows; Full Article
mi Mohammed Valappil vs Additional Commissioner Of Customs on 8 November, 2024 By indiankanoon.org Published On :: [WP(C) Nos.26883/2024, 38022/2024, 38213/2024, 38235/2024 & 38427/2024] The issue raised in these writ petitions are covered against the petitioners by the judgment of the Supreme Court in Chandra Sekhar Jha v. Union of India and others; (2022) 14 SCC 152. It is clear from a reading of the judgment of the Supreme Court that after the amendment of Section 129 E of Customs Act, 1962 with effect from 06-08-2014 it is a provision beneficial to the persons who propose to file an appeal (like the petitioners herein) and only requires deposit of a portion of the demand. On a consideration of the provision is substituted with effect from 06-08-2024 and on considering the question as to whether such provision will cause undue hardship, it was held as follows; Full Article
mi Blue Star Limited vs Shriram Epc Limited on 11 November, 2024 By indiankanoon.org Published On :: reasonable time. The allegation against the respondent is that the respondent has not cooperated with the learned Arbitrator during the proceeding. Learned Advocate for the respondent denies such allegation and submits that an affidavit is required to be filed in this matter. Considering the fact that the arbitration proceeding is on the verge of completion, the allegations levelled against the respondent are irrelevant in the present context as justice would be subserved if the mandate of the learned Arbitrator is extended by a further period of six months to enable the learned Arbitrator to conclude the proceeding and make and publish the award. As no affidavit-in-opposition has been called for, the allegations against the respondent are deemed to have been denied by it. Full Article
mi Blue Star Limited vs Shriram Epc Limited on 11 November, 2024 By indiankanoon.org Published On :: reasonable time. The allegation against the respondent is that the respondent has not cooperated with the learned Arbitrator during the proceeding. Learned Advocate for the respondent denies such allegation and submits that an affidavit is required to be filed in this matter. Considering the fact that the arbitration proceeding is on the verge of completion, the allegations levelled against the respondent are irrelevant in the present context as justice would be subserved if the mandate of the learned Arbitrator is extended by a further period of six months, to enable the learned Arbitrator to conclude the proceeding and make and publish the award. As no affidavit-in-opposition has been called for, the allegations against the respondent are deemed to have been denied by it. Full Article
mi Aaryan Projects Private Limited vs Klowin Infrastructure Private Limited on 11 November, 2024 By indiankanoon.org Published On :: The Court: We have heard learned counsel for the parties. On 25th April, 2023, the appeal was admitted and all further proceedings in the suit including the hearing of the application under Sections 5 and 8 of the Arbitration and Conciliation Act pending before the learned Trial Court was initially stayed for eight weeks and thereafter the said interim order was extended from time to time. 2 We feel that the appeal is required to be heard and we do not find any reason to vacate the interim order at this stage. The interim order passed on 25th April, 2023 is confirmed. The applications stand disposed of. The appeal shall be listed on 25th November, 2024. Full Article
mi Srei Equipment Finance Limited vs Marina Piling Company Pvt Ltd And Anr on 11 November, 2024 By indiankanoon.org Published On :: It appears that a Sole Arbitrator had been appointed in terms of the arbitration clause contained in the agreement dated December 5, 2018. An application under section 17 of the Arbitration and Conciliation Act, 1996 (for short "the Act") had been preferred before the learned Arbitrator. Two Officers were appointed as Receivers in respect of the subject asset. The Receivers were directed to take physical possession of the said asset being an equipment being XR 220D, bearing engine no.22293605 along with its accessories, as mentioned in the agreement. Pleadings disclose that the Receivers were not able to take physical possession of the asset in question as they were resisted by the respondents and the local police authorities also did not cooperate. Full Article
mi Principal Commissioner Of Income Tax vs M/S. Indus Realty Pvt. Ltd on 8 November, 2024 By indiankanoon.org Published On :: The Court:- This appeal by the revenue filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated November 08, 2023 passed by the Income Tax Appellate Tribunal 'A' Bench, Kolkata (the Tribunal) in ITA No.666/Kol/2023 for the assessment year 2012-13. The revenue has raised the following substantial questions of law for consideration:- (a) Whether on the facts and circumstances of the case and in law, the Learned Income Tax Appellate Tribunal has committed substantial error by not considering the addition made by the Assessing Officer on account of share capital / share premium of Rs.3,00,00,000/- made u/s 68 of the IT Act, 1961, without considering the fact that there is accommodation entry in the instant case? Full Article
mi Principal Commissioner Of Income Tax ... vs M/S. Vivekananda Mercantile Pvt. Ltd on 8 November, 2024 By indiankanoon.org Published On :: learned advocate on record of the appellant is directed to serve notice of appeal on the respondent in the meantime. (T. S. SIVAGNANAM, C.J.) (HIRANMAY BHATTACHARYYA, J.) S. Kumar Full Article
mi Principal Commissioner Of Income Tax vs Nalanda Builders Pvt. Ltd on 8 November, 2024 By indiankanoon.org Published On :: The Court : This is an appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) challenging an order dated January 11, 2024 passed by the Income Tax Appellate Tribunal, "B" Bench, Kolkata (Tribunal) in I.T.A No.763/Kol/2022, for the assessment order 2013-14. We have heard Mr. Aryak Dutt, learned standing counsel appearing for the appellant and Mr. Soumitra Chowdhury, learned counsel for the respondent/assessee. The appeal was filed beyond time and an application for condonation of delay was filed which was heard and the delay was condoned. Learned counsel appearing for the assessee would submit that the assessee has been advised to avail the provisions of the direct tax Vivad Se Viswas Scheme (VSVS) dated 15 th October, 2023. However, one issue may crop up if the assessee files an application under VSVS by citing that the duty fixed for eligible cases as has been mentioned in paragraph 3(Sl.1)(ii). Identical issue arose for consideration before this Court in the case of Principal Commissioner of Income Tax-1, Kolkata vs. Asish Kumar Ghosh, WPA 18282 of 2021 and by judgment dated 1st April, 2022 this Court had considered the very same issue and found that the assessee would be eligible to file a declaration under the provisions of the VSVS and a direction was also issued to process such application. The judgment rendered in Asish Kumar Ghosh will fully support the case of the assessee and therefore the assessee is entitled to file an application under the VSVS. Accordingly, the assessee is directed to file an application and the department shall process the application in accordance with law. Full Article
mi M/S Micky Metals Limited vs Uttam Biswas on 11 November, 2024 By indiankanoon.org Published On :: Affidavit of service is taken on record. This application under Section 9 of the Arbitration and Concilation Act, 1996 has been filed for an injunction restraining the respondent from operating the bank account being No. 5480011001480 maintained with the Bangiya Gramin Vikash Bank. The petitioner submits that the dispute arises out of a settlement executed between the parties on January 15, 2021. The settlement contains an arbitration clause. It provides that all disputes and differences relating to any previous, present or future and arising out of the transactions, sale or purchase etc. shall be decided by a sole arbitrator under the Arbitration and Conciliation Act, 1996. The petitioner submits that pursuant to such settlement, a cheque for an amount of Rs.11,84,856/- dated June 12, 2021 was issued in favour of the petitioner by the respondent. The cheque was dishonoured and the petitioner has already initiated proceedings under Section 138 of the Negotiable Instruments Act, 1881. Full Article
mi Meher Foundations And Civil Engineers ... vs Spml Infra Limited (Subhas Projects Amd ... on 11 November, 2024 By indiankanoon.org Published On :: The Court :The affidavit of service is taken on record. This is an application under Section 11 of the Arbitration and Conciliation Act, 1966 (hereinafter referred to as the 'said Act'). The petitioner was engaged by the respondent to execute some piling work. The petitioner contends that the work could not be completed as NTPC had stopped the petitioner from carrying out the same on account of certain disputes between NTPC and the respondent. It is submitted that non- payments of the amounts due and other disputes between the petitioner and the respondent could not be resolved as a proceeding was before an arbitrator for resolution of a dispute between NTPC and the respondent. The petitioner claims to have also approached NTPC and were allegedly informed that the claim of the petitioner would be liquidated by the respondent as the money awarded by the arbitrator in the arbitration proceedings between the respondent and NTPC, had been paid to the respondents.The petitioner had invoked the arbitration clause and the respondent replied to the notice, thereby denying the claim of the petitioner. The respondent suggested the name of a learned Retired Judge to act as the sole arbitrator, in response to the notice invoking arbitration. In reply to such letter, the petitioner suggested the names of three learned Retired Judges. Full Article
mi Mahakali Udyog Private Limited vs Ksa Resources Llp on 11 November, 2024 By indiankanoon.org Published On :: The respondent expressed lack of confidence on the learned Arbitrator. The petitioner has pointed out a letter written by the learned Advocate-on-Record for the respondent which, according to the petitioner, was disrespectful to the learned Arbitrator. The petitioner apprehends that the same conduct will be repeated by the respondent's learned Advocate. Mr. Kar, learned Senior Advocate for the respondent, submits that the letter written by the Advocate-on-Record for the respondent was in answer to the contents of the letter written by the petitioner's Advocate. 2 It appears that there were allegations and counter allegations with regard to the conduct of the parties before the learned Arbitrator. The situation was very unfortunate. Full Article
mi Birla Corporation Ltd vs Principal Commissioner Of Income Tax ... on 8 November, 2024 By indiankanoon.org Published On :: The Court:- This appeal by the assessee filed under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated January 16, 2024 passed by the Income Tax Appellate Tribunal 'C' Bench, Kolkata (the Tribunal) in ITA No.1964/Kol/2019 and C.O. No.39/Kol/2019 for the assessment year 2015-16. This appeal is admitted on the following substantial questions of law:- (i) Whether the Tribunal was justified in law in upholding the invocation of sub-section (2) of section 14A of the Income Tax Act, 1961 and rule 8D(2)(iii) of the Income Tax Rules, 1962, in the absence of any satisfaction recorded by the Assessing Officer that having regard to the accounts of appellant, the appellant's claim that expenditure of Rs.9,77,888/ was incurred in relation to the exempt income was not correct? Full Article
mi Mstc Limited vs Sesa International Limited on 11 November, 2024 By indiankanoon.org Published On :: The Court: Liberty is granted to the advocate-on-record for the claimant to correct the description of the application in the cause title. By communication dated September 3, 2024, learned sole arbitrator appointed by the court informed the parties that he had resigned from the matter. He thus refused to act as the sole arbitrator. The petitioner prays for appointment of a substitute arbitrator. 2 Ms. Banerjee, learned advocate for the respondent submits that the respondent had filed a suit. An application under Section 8 of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the said Act,) is also pending before the learned Civil Court at the instance of the petitioner. As such, this Court must refrain from appointing an arbitrator as the issues involved in the suit are yet to be decided and the application under Section 8 of the said Act has been filed with similar prayers. Full Article
mi Principal Commissioner Of Income Tax ... vs Gpt Sons Pvt Ltd on 8 November, 2024 By indiankanoon.org Published On :: The Court :- We have heard the learned Advocates for the parties. The revenue has filed this appeal under Section 260A of the Income Tax Act, 1961 (the Act) is directed against the order dated 9th May, 2023 passed by the Income Tax Appellate Tribunal "B" Bench, Kolkata (the Tribunal) in ITA/491/Kol/2021 for the assessment year 2011-12. The revenue has raised the following substantial questions of law for consideration:- a. Whether the learned Tribunal has committed substantial error in law in granting relief to the assessee without considering the fact that neither the assessee nor the amalgamating company informed the AO about the scheme of amalgamation approved by the Hon'ble High Court and therefore defect in not issuing notice in the name of amalgamated company remained a curable defect under section 292B of the Income Tax Act, 1961 ? Full Article
mi Principal Commissioner Of Income Tax-5 vs M/S. Delta Dealers Private Limited on 8 November, 2024 By indiankanoon.org Published On :: The Court : This appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 (the Act) is directed against an order dated October 26, 2023, passed by the Income Tax Appellate Tribunal, "C" Bench, Kolkata (Tribunal) in I.T.A No.1842/Kol/2017, for the assessment order 2009-10. The revenue has raised the following substantial questions of law for consideration:- i) Whether on the facts and in law, the Hon'ble ITAT is justified in setting aside the order of the Ld. CIT(A) and deleting the additional made by the A.O. towards unexplained share capital and share premium of Rs.15,51,00,000/- u/s. 68 of the Act by holding that the assessee had discharged its onus to prove the identity and creditworthiness of the share subscribing companies and the genuineness of the transactions overlooking the fact that not even a single Director of the share subscribing companies appeared before the Assessing Officer nor provided a valid reason for their non-appearance? Full Article
mi P C Chanda & Company Private Limited vs Bharat Chemicals & Paints on 12 November, 2024 By indiankanoon.org Published On :: Bivas Pattanayak, J. :- 1. The instant execution case has been filed by the plaintiff-decree holder against the defendant-judgment debtor for execution of a decree dated 24th March, 2021 for a sum of Rs.12,54,607.68/-. 2. In its affidavit in support of tabular statement the decree holder contends that the judgement-debtor holds immovable property namely an office at Golpark Co-operative Housing Society, Flat no. 13/B2, 4th Floor, 49C, Govindapur Road, Lake Gardens (near Jodhpur Market), Kolkata- 2 700068 and operates bank account at UCO Bank, Park Circus Branch, Kolkata-700014. 3. The judgement debtor through its partner filed its affidavit of assets who contends that he possesses the above mentioned flat and the bank account. Full Article
mi McKay Brothers Receives Minority Investment from Citadel Securities By www.businesswireindia.com Published On :: Tuesday, 12 Nov 2024 17:32:00 +0530 Business Wire IndiaMcKay Brothers (“McKay” or “the Company”), a market leader in ultra-low latency market data and wireless networks, today announced that Citadel Securities has made a minority investment in McKay to support the continued growth of its global data and connectivity business. Under the terms of the transaction, Citadel Securities will receive an equity stake in the Company and McKay’s co-founders, Stéphane Tyč and Bob Meade, will continue to hold the controlling majority of the Company’s equity. Financial terms of the agreement were not disclosed. McKay will continue to operate independently and under its core business principles, which include offering its subscribers a level playing field and equal access to the lowest latency service. Bob Meade, McKay co-founder, said: “Citadel Securities’ investment provides ongoing validation of McKay’s vendor model, which offers services on a level playing field to all subscribers. The investment also bolsters our already strong financial position and supports our commitment to innovation and technical excellence.” Stéphane Tyč, McKay co-founder, added: “Our service vendor model makes our lowest latency available to all subscribers and ensures it cannot be dominated by any market participant, contributing to fair and competitive markets. This agreement with Citadel Securities maintains McKay’s autonomy and supports our continued growth.” About McKay Brothers: McKay - through McKay Brothers, LLC, Quincy Data, LLC and other controlled affiliates - are the world’s leading providers of ultra-low latency market data technology and wireless infrastructure. The company has served the financial markets' most demanding trading firms since 2012. McKay services are anchored by faster-than-fiber wireless networks interconnecting major global financial centers with curated market data and time-sensitive trade messages. All services are provided under a Level Playing Field policy, meaning the fastest services are made available to any subscriber. Learn more at: www.mckay-brothers.com and www.quincy-data.com View source version on businesswire.com: https://www.businesswire.com/news/home/20241111274615/en/ Full Article
mi C Bhargav vs Ministry Of Railways (Railway Board) on 12 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online) RTI application dated 23.03.2023 seeking the following information: "1. Whether Akola-dhone project received all approvals to start tendering the process, if not, please share the next steps required before going to tendering process and tentative timelines for the same 2. Whether railway board received any request for rake allotment for 16569 train from SWR. If so, what is the timeline to allot the rake 3. Weather railway board conducted any meeting to speedup the 160kmph upgradation between Hyderabad to Bangalore via Kurnool. If not, reasons for the delays" The CPIO furnished a reply to the Appellant on 14.07.2023 stating as under: Full Article
mi J Usha vs Ministry Of Railways (Railway Board) on 12 November, 2024 By indiankanoon.org Published On :: : The Appellant filed an (online/offline) RTI application dated 06.04.2023 seeking the following information: "1. Please provide the below information of under all Railway Zones of Indian Railways on all India basis. S.No Name of the Full postal Address Name of the Telephone/Mo Email ID of Railway with PIN code of officer bile Nos. of the the Unions/Mazdoor the Railway Bearers and Officers Railway Sanghs/Associati Union/Mazdorr Designations bearers Unions/Ma ons Sanghs/Association zdoor s Sanghs/As sociations Full Article
mi Smita Sah vs Reserve Bank Of India on 12 November, 2024 By indiankanoon.org Published On :: 1. The Appellant filed an RTI application dated 22.05.2023 seeking information on the following points: (i) Party wise detailed break up of the amount pertaining to each of the debtors whose debt has been assigned vide aforesaid agreement. Page 1 of 5 (ii) Details of Actual amount paid by the ARC to the bank pertaining to each individual debt. (iii) Copies of Correspondence with regards to the above between the Assignor (Bombay Mercantile Co-operative Bank Ltd) and Assignee Invent Assets Securitisation Reconstruction Pvt. Ltd prior to and subsequent to the alleged Assignment Full Article
mi Manish Bhimte vs Ministry Of Railways (Railway Board) on 12 November, 2024 By indiankanoon.org Published On :: : The Complainant filed an (offline) RTI application dated 20.04.2023 seeking the following information: "1. Whether exclusion of the undersigned in the list of DRMs posting order issued by Railway Board dated 07.03.2023 was on account of a pending major DAR case? If so, on what basis order of the undersigned on deputation to Bangalore Metro Rail Corporation Limited vide order no. 2022/E(O)II/6/19 dated 12.09.2022 as Chief Engineer (Rolling Stock) was issued despite pending DAR case Whether Railway Board is following different criteria for DAR clearance for deputation posting) (Please furnish name & designation of authority that gave approval for above Major DAR case? Please furnish name & designation of authority who has gone into this DAR case detail and given any recommendation on case file to make it a fit case for major penalty proceeding?) Full Article
mi Vandana Sishodiya vs Ministry Of Defence on 11 November, 2024 By indiankanoon.org Published On :: : The Complainant filed an (offline) RTI application dated 20.05.2023 seeking the following information: "I am enclosing herewith a Photocopy letter dated 25/9/23 regarding Departmental Grocery Card No CAO 5112259933/201N0o., which was not activated by the Aligarh Depot due to which I Could not got my necessary groceries items. Recognizing this I need information & copies of documents as per following points:- 1. Please intimate the date of receipt of aforesaid letter 2. Please provide a certified photocopy of aforesaid letter 3. Please provide the information regarding action taken on my above letter by the appropriate authority since the date of issuing to this date. Full Article
mi B.Vijaya @ Vijayalakshmi vs R.Balakrishnan on 7 November, 2017 By indiankanoon.org Published On :: R.SAKTHIVEL, J. These Civil Miscellaneous Appeal and Cross Objection are at the instance of the petitioner / appellant and the respondent respectively. In both the cases, challenge is to the Judgment and Decree dated November 7, https://www.mhc.tn.gov.in/judis Page No.2 of 24 CMA NO.3541 OF 2017 & CROSS OBJ. NO.51 OF 2019 2017 passed by the ‘Principal Family Court, Coimbatore’ ['Family Court' for short], in H.M.O.P.No.1445 of 2015. This Common Judgment will govern both of them. Full Article
mi The Managing Committee vs A.Mohammed Abdul Khader on 12 November, 2024 By indiankanoon.org Published On :: Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O.Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif. Full Article
mi ) Laxmidhar Sethi vs State Of Odisha ..... Opposite Party on 11 November, 2024 By indiankanoon.org Published On :: 11.11.2024 Order No. 01. 1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode). 2. Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State. Perused the records. 3. This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 498-A / 323 / 342 / 506 /307 / 34 of I.P.C. read with Section 4 of D.P. Act in G.R. Case No.1305 of 2024 of the Court of learned S.D.J.M., Chatrapur arising out of Chamakhandi P.S. Case No.373 of 2024. Full Article
mi ) Pramila Rout vs State Of Odisha ..... Opposite Party on 8 November, 2024 By indiankanoon.org Published On :: 08.11.2024 Order No. 01. 1. This matter is taken up through Hybrid mode. 2. Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State. 3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Mahakalpara P.S. Case No.218 of 2022, corresponding to G.R. Case No.2351 of 2022, pending in the court of learned S.D.J.M., Kendrapara, for alleged commission of offences punishable under Sections 341, 294, 307, 506, 325, 34 of I.P.C. Full Article
mi Grasim Industries Limited vs Chief Commissioner Of Income Tax ... on 12 November, 2024 By indiankanoon.org Published On :: RESERVED ON : 11th NOVEMBER 2024 PRONOUNCED ON: 12th NOVEMBER 2024 _______________________ Judgment (Per Advait M. Sethna, J.) 1. Rule, made returnable forthwith. Respondents waive service. By consent of the parties, the petition is heard finally. NOVEMBER 12, 2024 18-WP(L)-17982-2024(J).DOCX 2. This petition is filed under Article 226 of the Constitution of India. Briefly, the petition challenges an order dated 30 th March 2024 passed by respondent No.1 ("impugned order" for short). By the said order, the application filed by the petitioner dated 9 th November 2022 seeking waiver of interest charged under Section 234C of the Income Tax Act, 1961 ("Income Tax Act" for short) for the Assessment Year 2021-22 ("A. Y. Year 2021-22" for short) stood rejected. The reliefs/prayers in the petition are set out at pages 52 to 54 in para 12 thereof. The substantive relief/prayer is to quash and set aside the impugned order passed by respondent No.1 and to grant waiver of interest for an amount of Rs.3,88,59,353/- charged under Section 234C of the Income Tax Act. Such is the limited issue for consideration before us. Full Article
mi Deepak S. Kavadiya vs Addl. Divisional Commissioner Konkan ... on 12 November, 2024 By indiankanoon.org Published On :: 1. Revision Application is allowed. 2. The order of Competent Authority Konkan Division in case No.178 of 2023 dated 06.08.2024 is set aside. 3. The Parties be informed accordingly. 24) Thus, the Revisional Authority has relied upon Section 55 of the MRC Act for accepting the contention of the licensee that in absence of registration of the licence agreement, her version of ___Page No.19 of 33___ 12 November 2024 Megha 908_wp_14856_2024_fc.docx licence being granted for commercial use would prevail. Section 55 of the Act provides for providing for compulsory registration of tenancy agreement and consequences of non-registration. Section 55 provides as under: Full Article
mi Sheikh Mohammad Zayan (Minor) Th vs Union Of India And Anr on 8 November, 2024 By indiankanoon.org Published On :: Through: - Ms. Sufaya, Advocate vice Mr. T. M. Shamsi, DSGI CORAM: HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The minor petitioner was born on 5th October, 2011. The case set up by the petitioner is that at the time of his birth his uncle told his biological father that since he did not have any issue, he would adopt him and, therefore, his uncle got his name entered in the parentage column of his date of birth certificate. Full Article
mi M/S. Adventure Tours And Anr vs Ut Of Jammu And Kashmir And Ors on 12 November, 2024 By indiankanoon.org Published On :: 12.11.2024 The petitioners, through the medium of instant petition, has called in question Order No. 233 PDA of 2024 dated 6th November, 2024, passed by the Chief Executive Officer, Pahalgam Development Authority-respondent no. 3, by virtue of which, all the adventure activities in Pahalgam permitted by the Director Tourism Kashmir vide No. DTK/Rec/3/2022-06/2747 dated 18th May, 2022, TDK/Rec/3/2022-06/2856 dated 29th June, 2022 and DTK/Rec/3/2022-06/3030 dated 6th February, 2023 have been suspended till formalities are fulfilled by the adventure agencies. The order further reveals that all concerned site incharges of Pahalgam Development Authority shall ensure suspension of the adventure activities with immediate effect. Full Article
mi Nisar Ahmad Makhdoomi And Anr vs State Of J&K And Ors on 8 November, 2024 By indiankanoon.org Published On :: Through: - Mr. Furqan Yaqoob, GA CORAM: HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The subject matter of this petition falls within the definition of 'service matters' as contained in Section 3(q) of the Administrative Tribunals Act, 1985 (hereinafter referred to as 'the Act'), which has become applicable to the Union Territories of Jammu and Kashmir and Ladakh, after coming into force of the Jammu and Kashmir Re- Full Article
mi M/S Bismillah Stone Crusher vs Ut Of J&K And Ors on 8 November, 2024 By indiankanoon.org Published On :: Through: - Mr. Furqan Yaqoob, GA CORAM: HON'BLE MR JUSTICE RAJESH SEKHRI, JUDGE (ORDER) 08.11.2024 The petitioner is aggrieved of order dated 195-JKPCC of 2024 dated 16.10.2024, by virtue of which the stone crusher unit of the petitioner has been directed to be closed by respondent No. 2 on the ground that the petitioner has failed to produce the requisite documents from the revenue department as per Rule 10 of S.O. 60 of 2021 dated 23.02.2021 without valid consent from the J&K Pollution Control Committee and that the unit of the petitioner is being run in violation of Section 25/26 of the Water (Prevention and Control of Pollution) Act, 1974 and Section 21 of the Air (Prevention and Control of Pollution) Act, 1981. By virtue of the impugned order, respondent No. 3 has also been directed to de-register the stone crusher of the petitioner. Full Article
mi Team Montage – O companie de familie, o poveste de succes By www.forbes.ro Published On :: Tue, 12 Nov 2024 11:24:49 +0000 Know-how, pasiune, familie și echipă, ingredientele succesului companiei Team Montage, care anul acesta împlinește 15 ani de activitate în piața industriei metalice din România. Interviu alături de Boštjan Jagodič – Founder Team Montage, și Claudia Jagodič – Managing Director Team Montage Care sunt principalele obiective ale strategiei de business şi principalele realizări ale companiei dumneavoastră ... The post Team Montage – O companie de familie, o poveste de succes appeared first on Forbes Romania. Full Article TEAM MONTAGE VOICE
mi Creditorii companiei Angst au aprobat vânzarea unor spații comerciale în valoare de 3,6 milioane de euro By www.forbes.ro Published On :: Tue, 12 Nov 2024 11:56:49 +0000 Adunarea Generală a creditorilor companiei Angst a aprobat valorificarea a patru spații comerciale din București și unul din Ilfov, cu valoare totală de piață de 3,6 milioane de euro. Infinexa, companie antreprenorială românească specializată în restructurarea și finanțarea firmelor aflate în dificultate, anunță scoaterea la licitație a cinci spații comerciale ce aparțin procesatorului de carne ... The post Creditorii companiei Angst au aprobat vânzarea unor spații comerciale în valoare de 3,6 milioane de euro appeared first on Forbes Romania. Full Article Actualitate
mi Norvegia va prelua, pentru 1,64 miliarde de dolari, rețeaua de gazoducte a țării By www.forbes.ro Published On :: Tue, 12 Nov 2024 12:39:55 +0000 Ministerul Energiei din Norvegia a anunțat că a ajuns la un acord cu şapte proprietari privaţi pentru ca Guvernul să preia cea mai mare parte a reţelei de gazoducte a ţării începând cu anul 2024. Anul trecut, autorităţile de la Oslo au informat că intenţionează să naţionalizeze cea mai mare parte a vastei reţele de ... The post Norvegia va prelua, pentru 1,64 miliarde de dolari, rețeaua de gazoducte a țării appeared first on Forbes Romania. Full Article Actualitate Afaceri Energie minister energie Norvegia Norvegia retea gazoducte
mi Catalyst Trusteeship Limited vs Mantri Infrastructure Pvt Ltd on 12 November, 2024 By indiankanoon.org Published On :: Heard the learned Senior counsel for the appellant and learned counsel for the caveator-respondent Nos.1 to 9. 2. This miscellaneous first appeal is filed praying this Court to set aside the order of status-quo granted by the Trial Court dated 05.10.2024 in O.S.No.7166/2024 passed on I.A.No.2 filed by respondent Nos.1 to 9 and grant such other relief as deems fit in the circumstances of the case. 3. The respondents/plaintiffs before the Trial Court also sought for the relief of temporary injunction restraining the defendant Nos.1, 2 and 3 from enforcing or acting upon the invocation notice dated 28.09.2024 and from taking any further action regarding transfer or encumbrance of the pledged shares of Mantri Infrastructure Pvt. Ltd. (100%), Mantri Developers Pvt. Ltd. (51%) or Agara Techzone Pvt. Ltd. (12%) or from enforcing any security under the Bond Trust Deed and Pledge Agreements, until final adjudication of the rights of the parties by the Trial Court and inter alia sought for the relief on I.A.No.2 to restrain the defendant Nos.1 to 3 from enforcing or acting upon invocation notice dated 28.09.2024. The respondents also filed applications and order is passed only on I.A.Nos.2 to 4. It is also borne out from the records that caveat was also filed and learned counsel for both the parties were heard and suit was filed before the Vacation Court and I.A.No.1 was filed under Section 11(3) of Bengaluru City Civil Court Act to take up the matter before the Vacation Court and the same was allowed. Full Article
mi Gurudeva Brahmanand Trust Committee vs Sankappa S/O Ningappa Banavannavar on 5 November, 2024 By indiankanoon.org Published On :: (PER: THE HON'BLE MR. JUSTICE C.M. POONACHA) The present writ petition is filed by the plaintiff challenging the order dated 16.07.2024 passed in M.A.No.7/2023 by the Court of the Senior Civil Judge and JMFC, Kalaghatagi1. 2. The relevant facts leading to the present writ petition are that the plaintiff instituted a suit in O.S.No.11/2023 before the Civil Judge and JMFC, Kalghatagi2 wherein the respondents herein arrayed as defendants. The reliefs sought for in the suit are extracted herein for ready reference. "14. Prayer: That, the most respectfully and graciously prayed that, this hon'ble Court be please to pass decree in favour of plaintiff as under:- Full Article
mi Mithlesh Mandal @ Mithlesh Kumar Mandal vs The State Of Jharkhand .......... Opp. ... on 12 November, 2024 By indiankanoon.org Published On :: 1. Mithlesh Mandal @ Mithlesh Kumar Mandal, S/o of Ganpat Mandal 2. Jitendra Mandal, S/o Bajo Mandal 3. Sandeep Kumar, S/o Dhalo Mandal All residents of Panchayat Dasdih, Block Gandey, Village Margodh, P.S. Gandey, District Giridih. .......... Petitioners. -Versus- The State of Jharkhand .......... Opp. Party. ----- CORAM : HON'BLE MR. JUSTICE RAJESH SHANKAR ----- For the Petitioners : Mr. Rahul Dev, Advocate For the State : Mr. Sanjay Kr. Srivastava, APP Full Article
mi Narendra Laxmikant Shah vs Pragati Sahakari Bank Limited on 12 November, 2024 By indiankanoon.org Published On :: Full Article
mi WSJ Opinion: Hits and Misses of the Week By Published On :: Sun, 05 Dec 2021 17:06:13 GMT Journal Editorial Report: The week's best and worst from Kim Strassel, Jason Riley, Kyle Peterson and Dan Henninger. Reuters/AP/Getty Images Composite: Mark Kelly Full Article
mi WSJ Opinion: Hits and Misses of the Week By Published On :: Sun, 12 Dec 2021 16:15:28 GMT Journal Editorial Report: The week's best and worst from Kim Strassel, Bill McGurn, Jillian Melchior and Dan Henninger. Images: AFP via Getty Images Composite: Mark Kelly Full Article
mi Satellite Images Show Russia’s Military Buildup Near Ukraine By Published On :: Fri, 21 Jan 2022 10:37:51 GMT The U.S. said about 100,000 Russian troops have been deployed near the Ukrainian border. Satellite images show the growing presence of military equipment at several locations. Photo: Maxar Technologies Full Article
mi Migrants at Poland-Belarus Border Try to Cross Into EU By Published On :: Tue, 09 Nov 2021 11:14:00 GMT Thousands of migrants massed at the eastern border of the European Union, some cutting razor wire and attempting to climb over fences between Belarus and Poland. Polish troops were mobilized to prevent them from crossing. Photo: Leonid Shcheglov/Zuma Press Full Article
mi The Omicron Variant Can Evade Vaccine Protection. Here’s How We Know. By Published On :: Tue, 14 Dec 2021 10:30:00 GMT A growing number of studies indicate Omicron is more resistant to current vaccines than previous Covid variants, though boosters seem to help. WSJ’s Daniela Hernandez gets an exclusive look inside a lab testing how antibodies interact with Omicron. Photo illustration: Tom Grillo Full Article
mi Omicron Variant Accounts for Most U.S. Covid Cases Ahead of the Holidays By Published On :: Tue, 21 Dec 2021 11:56:33 GMT The Omicron variant caused more than 70% of new coronavirus cases in the U.S. registered the week ending Dec. 18, according to the Centers for Disease Control and Prevention. The surge comes as the holidays approach and some people reconsider travel plans. Photo: Jeenah Moon/Bloomberg Full Article