Shamima Farooqui v. Shahid Khan

THE PR. COMMISSIONER OF INCOME TAX vs. M/S INIDABUILD HOMES PVT LTD

Bench: The Hon'Ble Mr Justice Ravi V Hosmani R.P. F. C. No. 277 Of 2023 Between:

…- 1 - NC: 2024:KHC:21669 RPFC No. 277 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2024 BEFORE THE HON'BLE MR JUSTICE RAVI V HOSMANI R.P. F. C. NO. 277 OF 2023 BETWEEN: MR. SHINE T.A., S/O K. THAN KACHAN, AGED ABOUT 42 YEARS, R/AT NO. 7, 2ND CROSS, ANUBHAVANAGAR, NAGARBHAVI MAIN ROAD, BANGALORE 560 071. …PETITIONER [BY SRI. RAMACHANDRA R. NAIK, ADVOCATE (PH)] AND: 1. BABY CAROLYN SHINE, D/O SHINE T.A., AGED ABOUT 11 YEARS, REP. BY HER NATURAL GAURDIAN MOTHER, MRS. RENCY THOMAS, 2. MRS. RENCY THOMAS, W/O SHINE T.A., D/O C.K. THOM…

PRINCIPAL COMMISSIONER OF INCOME TAX 5 KOLKATA vs. PREMIER TIE UP PVT LTD

Bench: HON'BLE JUSTICE T. S. SIVAGNANAM,HON'BLE JUSTICE SUPRATIM BHATTACHARYA

…ence, impartiality and neutrality of arbitrators. In fact, the same Law Commission Report has amended Sections 28 and 34 so as to narrow grounds of challenge available under the Act. The judgment inONGCLtd.v.Saw Pipes Ltd.[ONGC Ltd.v.Saw Pipes Ltd., (2003) 5 SCC 705] has been expressly done away with. So has the judgment inONGCLtd.v.WesternGeco International Ltd.[ONGC Ltd.v.WesternGeco International Ltd., (2014) 9 SCC 263 : (2014) 5 SCC (Civ) 12] Both Sections 34 and 48 have been brought back to the position of law contained inRenusagar Power Co. Ltd.v.General Electric Co.[Renusagar Power Co.…

M/S NMDC LIMITED vs. DEPUTY COMMISSIONER OF INCOME TAX

The appeal is allowed

Bench: T.VINOD KUMAR,M.S.RAMACHANDRA RAO

…gal obligations for reasons beyond his control. If the husband does not disclose the exact amount of his income, an adverse inference may be drawn by the court. 90.5. This Court in Shamima Farooqui v. Shahid Khan [Shamima Farooqui v. Shahid Khan, (2015) 5 SCC 705 : (2015) 3 SCC (Civ) 274 : (2015) 2 SCC (Cri) 785] cited the judgment in Chander Parkash [Chander Parkash v. Shila Rani, 1968 SCC OnLine Del 52 : AIR 1968 Del 174] with approval, and held that the obligation of the husband to provide maintenance stands on a higher pedestal than the wife. 76. This Court, in the touchstone of aforesaid judgment,…

COMMISSIONER OF INCOME TAXEXEMPTION vs. SARASWATI SISHU VIDYA MANDIR

The appeal is allowed as at above

Bench: MR. JUSTICE K. S. JHAVERI (CJ),MR. JUSTICE K.R.MOHAPATRA

…rification of construction made on the acquired plot and the competent authority has 3 arbitrarily fixed the cost of construction as Rs.4,54,154.70. Learned Court below has relied on the judgment passed by the Hon’ble Apex Court as reported in (2003) 5 SCC 705 wherein it has been held that the Award can be set aside only if it is patently illegal being against the Public Policy. 11. The power of Court while exercising its jurisdiction under section34 of Arbitration and Conciliantion Act, 1996 is a limited one. The court does not sit in appeal against the award of the arbitrator. Specific grounds h…

SHRI H MUNIREDDY vs. THE ADVOCATE GENERAL

Bench: The Hon'Ble Mr. Justice B.Veerappa Writ Petition No.18157/2013 (Gm-Res)

…1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER 2019 BEFORE THE HON'BLE Mr. JUSTICE B.VEERAPPA WRIT PETITION NO.18157/2013 (GM-RES) BETWEEN: Shri H. Munireddy, Aged about 57 years, Adopted S/o. late Munivenkatappa, R/a #376, 15th Cross, 17th ‘C’ Main Road, 4th Sector, H.S.R. Layout, Bengaluru – 560 102. .... Petitioner (By Sri C.M. Nagabushana, Advocate) AND: 1. The Advocate General, State of Karnataka, Chambers at High Court of Karnataka, Bengaluru – 560 001. 2. Sri K.N…

NIRMALA W/O DATTU @ DATTAPPA NAIKODI AND ORS vs. DATTU @ DATTAPPA S/O MARUTI NAIKODI

Bench: The Hon’Ble Mr. Justice B. Veerappa Rpfc No.200078/2016 C/W Rpfc No.200001/2017 Rpfc No.200078/2016 Between: 1. Nirmala W/O. Dattu @ Dattappa Naikodi, Age: 35 Years, Occ: Coolie, 2. Maruti S/O. Dattu @ Dattappa Naikodi, Age: 18 Years, Occ: Student (Minor) 3. Aishwarya D/O. Dattu @ Dattappa Naikodi, Age: 13 Years, Occ: Student (Minor) All R/O. H.No. E# 1/5100, Hanuman Nagar, Near Railway Under Bridge, Old Jewargi Road, Kalaburagi – 585102. Petitioner No.2 & 3 Are Being Minors, This Petition Is Filed Through Their Next Friend & Natural Mother Petitioner No.1 ... Petitioners (By Sri Kurkoti Rachanna Basawannappa & Sri Choodamani M Patil, Advocates)

…d to get maintenance from the husband on any legally permissible grounds.” 16. The Hon’ble Supreme Court also while considering the provisions of Section 125 of the Code of Criminal Procedure in the case of Shamima Farooqui vs Shahid Khan reported in AIR 2015 5 SCC 705 at Paragraph Nos.14, 16, 17 and 19 held as under:- “Para No.14 :- Coming to the reduction of quantum by the High Court, it is noticed that the High Court has shown immense sympathy to the husband by reducing the amount after his retirement. It has come on record that the husband was getting a 15 monthly salary of Rs.17,654. The High Court, withou…

The Director of Income Tax, (Exemptions) vs. Exhibition Society

Bench: SANJAY KUMAR,M.S.K.JAISWAL

…petitioner has suffered a setback and has other financial liabilities as well. It is trite law that a husband cannot shirk his sacrosanct duty to financially support his wife. The Hon’ble Apex Court, in the case of Shamima Farooqui v. Shahid Khan : (2015) 5 SCC 705, observed as under: “14. …. It can never be forgotten that the inherent and fundamental principle behind Section 125 CrPC is for amelioration of the financial state of affairs as well as mental agony and anguish that a woman suffers when she is compelled to leave her matrimonial home. The statute commands that there have to be some acceptable…

MS JAYSHREE GURURAJ vs. CISCO SYSTEMS (INDIA)PRIVATE LIMITED

Bench: The Hon’Ble Mr.Justice B.S.Patil W.P.No.19726/2015 (S-Dis) Between: Ms.Jayshree Gururaj, D/O. H.S.Gururaja Rao, Aged About 45 Years, Residing At 341, Adarsh Palm Retreat, Bellandur Outer Ring Road, Bangalore – 560 013.

…ing to several other earlier judgments of the Apex Court including CENTRAL INLAND WATER TRANSPORT CORPORATION LIMITED & ANOTHER Vs. BROJO NATH GANGULY & ANOTHER – (1986) 3 SCC 156 and OIL AND NATURAL GAS CORPORATION LIMITED Vs. SAW PIPES LIMITED – (2003) 5 SCC 705, the apex court has held in paragraph 96 that public policy was not a static concept; it varied with times and from generation to generation; what was in public good and public interest could not be opposed to public policy and vice versa; any rule, contract or arrangement that actually defeated or tended to defeat the high ideals of fairness…

Commissioner of Income Tax-II vs. M/s.Kalyani Wines

In the result, I find this appeal bereft of merit and accordingly,

Bench: Hon’Ble Mr. Justice Robin Phukan

…Kayan and Others, reported in (2002) 5 SCC 679. (ii) Rajasthan State Mines and Minerals Ltd. vs. Eastern Engineering Enterprises and Another, reported in (1999) 9 SCC 283. (iii) OIL and Natural Gas Corporation Ltd. vs. Saw Pipes Ltd., reported in (2003) 5 SCC 705. (iv) National Insurance Company Ltd. vs. Boghara Polycab Private Ltd., reported in (2009) 1 SCC 267. (v) M/s P.K. Rammalah and Company vs. Chairman and Managing Director, National Thermal Power Page 20 of 60 Corporation, reported in 1994 Supp (3) SCC 126. 9. Having heard the submissions of learned Advocates of both sides, I have ca…

M/s. PLL-Suncon Joint Venture vs. The Deputy Commissioner of Income Tax

…ow established law that judicial intervention by a court, in proceedings under Section 34 of the Act is circumspect and narrow of scope. FAO(OS) 373/2011 Page 32 of 44 In the seminal authority – Oil and Natural gas Commission vs. Saw Pipes, (2003) 5 SCC 705, the court laid out the applicable principles: "31. Therefore, in our view, the phrase "public policy of India" used in Section 34 in context is required to be given a wider meaning. It can be stated that the concept of public policy connotes some matter which concerns public good and the public interest. What is for public good or in public…