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The Supreme Court dismissed the appeal of M/s DSR Steel Ltd against the order of the Appellate Tribunal for Electricity allowing revising of tariff for industries and others under an incentive scheme. The Vidyut Vitran Nigam Ltd of Jaipur, Jodhpur and Ajmer had applied for revision of tariff from the Rajasthan Electricity Regulatory Commission. Objections of several industries and some hundred individuals were heard before allowing the revision. The industries argued that they had invested huge amounts on the promise of continuation of the incentive scheme prevailing then. The commission rejected the arguments and allowed revision of the tariff. The industries took the issue to the appellate tribunal in New Delhi, which rejected their arguments. Now the Supreme Court has also dismissed the appeal, stating that issues decided by the commission and the tribunal should not be reopened unless there is a substantial question of law involved.
In the present case, the income computed as per the normal procedure was less than the income determined by legal fiction namely book profits under Section 115JB of the Act.
The respondent-assessee had borrowed certain funds which were utilized by the assessee to subscribe to the equity capital of the subsidiary company, namely, M/s. Tulip Star Hospitality Services Ltd. This subsidiary company used the said funds for the purpose of acquiring the Centaur Hotel, Juhu Beach, Mumbai, which is now functioning as The Tulip Star , Mumbai. The assessee paid interest on the borrowed money.
Having gone through the judgment relied upon by the learned counsel for the petitioner, we find that the same is wholly inapplicable to this case. In Mandvi Coop. Bank’s case (supra) the accused on being summoned under Section 145(2) of the Negotiable Instruments Act, raised the plea, that inspite of the complainant having filed his evidence by way of an affidavit under Section 145(1), the complainant must be orally examined in chief all over again,
High Court was legally justified in setting aside the judgement and decree of the trial court and allowing the appeal to the limited extent of remanding the matter to the trial court for a de-novo trial after permitting the defendant-respondent to file the written statement. The appeal consequently stands dismissed.
The Supreme Court, in a recent case of M/s. Anmol Mishra V/s. Government of India, upheld the powers of Central Excise officers to issue summons for recording evidence during investigations.
After investigation, chargesheet has been filed against the petitioner and others under Sections 177, 181, 182 and 195 IPC. The petitioner has suppressed the material fact and has not disclosed anywhere in this petition that he had approached the High Court under Section 482 Cr.P.C. for quashing of the chargesheet, which stood rejected vide order dated 3.2.2010 and the said order attained finality as has not been challenged any further.
What is your policy. Public must know about it. It (building roads) should not be only to help builders and contractors. I do not understand your policy. We want to know what is your policy. Why should people pay toll tax when there is no smooth driving on road
If the offence is by a Company, arraigning of a company as an accused is imperative: the company can have criminal liability and further, if a group of persons that guide the business of the companies have the criminal intent, that would be imputed to the body corporate. In this backdrop, Section 141 of the Act has to be understood. The said provision clearly stipulates that when a person which is a company commits an offence, then certain categories of persons in charge as well as the company would be deemed to be liable for the offences under Section 138. Thus, the statutory intendment is absolutely plain. As is perceptible, the provision makes the functionaries and the companies to be liable and that is by deeming fiction.
The Supreme Court has enhanced the compensation to the widow and dependents of a person who was killed in a road accident, ruling that the future earning capacity of the deceased should also be taken into account while calculating the loss of income to the family. In this case, Santosh Devi vs National Insurance Company Ltd, the deceased person was running a milk dairy.
