Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association

Smt. S. Jalaja vs. Union of India

In the result, writ appeals are allowed

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

…submissions, reliance has been placed on the decisions of Supreme Court in 'MAGANLAL CHHAGANLAL (P) LTD. V. MUNICIPAL CORPORATION OF GREATER BOMBAY AND ORS.', (1974) 2 SCC 402 AND 'GIRNAR TRADERS V. STATE OF MAHARASHTRA 92 AND ORS.', (2011) 3 SCC 1. It is also contended that issue with regard to applicability of Section 24(2) of the 2013 Act to the proceeding under 1966 Act is no longer res integra and it has been held that Section 24(2) does not apply to the proceeding under 1966 Act. In this connection, reference has been made to decision of Supreme Court in 'SPECIAL LAND ACQUISITION O…

Deputy Inspector General vs. Joint Commissioner of Income Tax, (TDS)

Bench: SANGEET LODHA,RAMESHWAR VYAS

M/S. Karnataka Financial Services vs. Assistant Commissioner of Income Tax

In the result, the appeal is disposed of

Bench: ALOK ARADHE,R. NATARAJ

…counsel for the parties and have perused the record. Before proceeding further, it is apposite tot ake note of legal effect of quashing of an order. The Supreme Court in SHREE CHAMUNDI MOPEDS LTD. VS. CHURCH OF SOUTH INDIA TRUST ASSOCIATION, (1992) 3 SCC 1 has held that quashing of an order results in restoration of a position as it stood on the date of passing of the order which had been quashed. It has further been held that if an order passed by an Appellate Authority is quashed and the matter is remanded the result would be the appeal which had been disposed of by the said order of the Appel…

Geetha Pandit Rao and Anr vs. The State of Karnataka and Ors

In the result, for the foregoing reasons and applying

Bench: The Hon'Ble Mr. Justice E.S. Indiresh Writ Petition No.7717 Of 2020 (Lb-Res) & Writ Petition No.226494 Of 2020

…Court has observed regarding 'law' under Article 123 and Article 213 of the Constitution of India. However, the above judgment is modified by the later Constitution Bench, in the case of KRISHNA KUMAR SINGH AND OTHERS v. STATE OF BIHAR reported in (2017)3 SCC 1 in the course of judgment at paragraphs 76 to 79 and 81. The elaborate discussion was made by the Hon'ble Supreme Court in paragraphs 86 to 105. 42. The Hon'ble Supreme Court in the case of VIPHULBHAI M. CHAUDHARI v. GUJARAT CO-OPERATIVE MILK 53 MARKETING LIMITED AND OTHERS reported in (2015)8 SCC 1 at paragraph 16, 18 and 20 observed thu…

Smt Geetha Pandit Rao vs. The Government of Karnataka

In the result, for the foregoing reasons and applying

Bench: The Hon'Ble Mr. Justice E.S. Indiresh Writ Petition No.7717 Of 2020 (Lb-Res) & Writ Petition No.226494 Of 2020

…Court has observed regarding 'law' under Article 123 and Article 213 of the Constitution of India. However, the above judgment is modified by the later Constitution Bench, in the case of KRISHNA KUMAR SINGH AND OTHERS v. STATE OF BIHAR reported in (2017)3 SCC 1 in the course of judgment at paragraphs 76 to 79 and 81. The elaborate discussion was made by the Hon'ble Supreme Court in paragraphs 86 to 105. 42. The Hon'ble Supreme Court in the case of VIPHULBHAI M. CHAUDHARI v. GUJARAT CO-OPERATIVE MILK 53 MARKETING LIMITED AND OTHERS reported in (2015)8 SCC 1 at paragraph 16, 18 and 20 observed thu…

The Pr Commissioner of Income Tax vs. M/S Electronics for Imaging India Pvt.Ltd

Bench: The Hon'Ble Mr. Justice P.N.Desai Criminal Appeal No. 387 Of 2017 Between:

…on the accused, it is equally necessary to know how the complainant advanced such a huge amount. The Hon'ble Supreme Court in latest decision Uttam Ram case referred supra and in case of Don Ayengia vs. State of Assam and another reported in (2016) 3 SCC 1 elaborated the presumption with reference to earlier decision rendered by Hon'ble Supreme Court.” With these arguments, learned counsel for the respondent prays to dismiss the appeal. 11. I have perused the written complaint and evidence on record. - 9 - CRL.A No. 387 of 2017 12. The appellant in his examination…

The Pr Commissioner of Income Tax vs. M/S Cisco Video Technologies India Pvt Ltd

Bench: The Hon'Ble Mr. Justice P.N.Desai Criminal Appeal No. 386 Of 2017 Between: Sri. Keval Chand Jain S/O. Badarmal Proprietor, M/S. Keval Plastic Aged About 54 Years Shop No.4, M.J. Market No.6, Gundopanth Street, Bangalroe – 02. …Appellant (By Sri. A.P.Pulakeshi, Advocate)

…on the accused, it is equally necessary to know how the complainant advanced such a huge amount. The Hon'ble Supreme Court in latest decision Uttam Ram case referred supra and in case of Don Ayengia vs. State of Assam and another reported in (2016) 3 SCC 1 elaborated the presumption with reference to earlier decision rendered by Hon'ble Supreme Court.” With these arguments, learned counsel for the respondent prays to dismiss the appeal. - 9 - CRL.A No. 386 of 2017 11. I have perused the written complaint and evidence on record. 12. The appellant in his examination-in…

Sri Chituri Durga Rao vs. The State of Karnataka

Bench: The Hon’Ble Mr. Justice G. Narendar Writ Petition No.41506/2017 (Apmc) C/W Writ Petition No.41507/2017 (Apmc)

…o be achieved and it should be interpreted with 94 the flavour of reality bearing in mind the object for enactment. 73. The Hon’ble Apex Court in the case State of Gujrat and another vs. Justice R.A.Mehata (Retired) and others, reported in (2013) 3 SCC 1, the Apex Court while dealing with the issue of primacy of opinion in the appointment of the Lokayukta who was please to hold as follows :- “96. In the process of statutory construction, the court must construe the Act before it, bearing in mind the legal maxim ut res magis valeat quam pereat - which mean - it is better for a thing…

Nirmala Bagodi vs. The State of Karnataka

Bench: The Hon’Ble Mr. Justice G. Narendar Writ Petition No.41506/2017 (Apmc) C/W Writ Petition No.41507/2017 (Apmc)

…o be achieved and it should be interpreted with 94 the flavour of reality bearing in mind the object for enactment. 73. The Hon’ble Apex Court in the case State of Gujrat and another vs. Justice R.A.Mehata (Retired) and others, reported in (2013) 3 SCC 1, the Apex Court while dealing with the issue of primacy of opinion in the appointment of the Lokayukta who was please to hold as follows :- “96. In the process of statutory construction, the court must construe the Act before it, bearing in mind the legal maxim ut res magis valeat quam pereat - which mean - it is better for a thing…

The Commissioner of Income Tax, Hyderabad vs. M/S. Andhra Pradesh Paper Mills, Hyderabad

Bench: The Trial Court. 4. The Brief Averments Of The Plaint, In O.S. No.25 Of 2002, Are As Under:

…c z o IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA^^^%gv«^ MONDAY ,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE V. GOPALA KRISHNA RAO FIRST APPEAL NO: 318 OF 2005 HatoH on^n^f against the Judgment and Decree ? 20-04-2005 in O.S.No.25 of 2002 (T) on the file of the Court of the VI Additional District Judge, Visakhapatnam. Between: Viswanadha Rao, S/o. V.S.S.Chalapathi Rao, Hindu, SprtnM^r/ivp^r' r*’ Apartments, Lavakusa Sector 1 MVP Colony, Visakhapatnam-12 AH]!reh^'^*^ V^ini W/o. Prasada Rao, aged 51 yrs, Hindu, R/o. 3-314 Adarshnagar, Old Dairy Farm, Visakhap…

Gunwantlal Godawat vs. Union of India Custom and Central Excise Through Commissioner

The appeals are disposed of as indicated above

Bench: HON'BLE MR. JUSTICE J. CHELAMESWAR

…evocably repealed in the absence of a provision in the GOLD ACT similar to Section 117(1) of the ORDINANCE? 22. The judgment of this Court in T. Venkata Reddy & Others v. State of Andhra Pradesh10, would be relevant and helpful to 10 (1985) 3 SCC 198 13 answer the above question. Certain posts of part­time Village Officers were abolished by Section 3 of an Ordinance of the then State of Andhra Pradesh. The Legislature never replaced the ordinance by an enactment. In the litigation that ensued therefrom, one of the questions before this Court was whether th…