Reported in : (2002)1GLR262
.....not take the cognizance of the alleged offences under sections 132 and 197 of the criminal procedure code, for want of required sanction. 2. the facts of the case go to suggest that the incident in question occurred on 11-1-1993 at city of rajkot. the state of gujarat was disturbed by communal riots everywhere. in rajkot also at about 17-00 hours, near dena bank chowk, a mob was gathered and a programme of burning effigy of leaders was arranged. however, to maintain the law and order, police made strict bandobasi. there was a notification under section 144 of the criminal procedure code for the gathering of persons of more than 5 in number. when this mob, at the relevant time, gathered in the dena bank chowk, the superintendent of police mr. ram shastri, petitioner no. 1 herein, announced on a loud speaker that mob should disperse. the mob did not disperse. on the contrary, the mob attacked the police and attempted to restrain the police from discharging their duties to maintain the law and order. there was also stone throwing from the mob against the police. the mob entered into nagarik bank and from there the mob started stone-throwing against the police. there was damage.....
Tag this Judgment! Ask ChatGPTReported in : [2003]259ITR97(Guj)
.....of a special power of appointment it can only be exercised amongst members of a specified class'. it was in view of the said interpretation on the facts of that case that the bombay high court held that since power of appointment in that case could not be exercised in favour of the donee, that it was a special power of appointment and therefore the power could not have been exercised in favour of anybody (other than the donee of the power) but it was confined only to a specified class and therefore not being general power of appointment it fell outside the scope of section 2(xxiv) of the act. 13. from the extract of the deed dated march 30, 1960, as well as power of appointment as granted in resolution dated january 24, 1976, it is clear that anarkali was vested with the power to transfer the slice 'a' funds of the trust without any limitation on her power and the power was capable of being exercised in favour of anarkali herself also. in this view of the matter, the requirement of section 2(xxiv) that the exercise of power of appointment to determine its disposition in favour of any person other than the donee of the power very much covered the transaction in question by which.....
Tag this Judgment! Ask ChatGPTReported in : [2003]115CompCas801(Guj); (2002)2GLR1314
.....under the letters of credit do not indicate the source of the supplies. invoices are raised by lgv on the respondents, irrespective of the fact whether lgv supplied the material itself 'directly' or procured the same from 'other' sources. in other words, it is impossible for the respondents to know whether the goods have come from the petitioners or from other suppliers.the corporate guarantee annexed at exhibit c to the petition was furnished by the respondents as a comfort for lgv. it may be noted that the corporate guarantee actually guarantees payment by the respondents to lgv and it does not cover any failure of lgv to make corresponding payment to the appellants-petitioners.the respondents have opened in favour of lgv various letters of credit to the tune of us $ 37,74,01,997 of which lgv has utilised for material supplied, to the extent of us $ 33,26,42,417 till march 31, 2000, and approximately us $ 34,05,46,973 till november 30, 2000.further it may be mentioned that the invoices and debit notes mentioned at exhibit a to the petition which are the base documents upon which the entire claim of the petitioners is standing, have never been issued to the.....
Tag this Judgment! Ask ChatGPTReported in : 2002(1)WLC48; 2003(1)WLN93
.....to the principles of promissory estoppel. estoppel is a principle which precludes a party from alleging or proving in legal proceedings that a fact is otherwise than it has appeared to be from the circumstances. apart from estoppel from record and estoppel by deed, a promissory estoppel arises where a party has expressly or impliedly, by conduct or by negligence, made a statement of fact, or so conducted himself, that another would reasonably understand that he might act in reliance thereon, and has so acted, that the party who made the representation is not allowed to allege that the fact is otherwise than he has represented it to be.it was mr. justice denning, in england, who first rescued the doctrine from obscurity in central london property trust. ltd. v. high trees house, ltd., (1); and laid foundation to its applicability in robertson v. minister of pensions (2), reiterating and expanding the scope of its application even to the crown in howell v. falmouth board construction co., (3); (referred in express newspapers pvt. ltd. v. union of india (4), in the following words:-'(1) that the assurances intended to be acted upon and in fact acted upon were binding, and (2).....
Tag this Judgment! Ask ChatGPTReported in : AIR2002Raj13; 2002(1)WLC67
.....the managing committee of the appellant bank the offer of the respondent company was accepted and it was recorded in the minutes of the meeting. in fact the offer of the respondent company for rs. 475 lacs in both suits was considered but it was rejected by the appellant bank, the appellant bank has never made any offer. these were the respondent company's offers which were considered by the appellant bank from time to time but they being wholly inadequate were not acceptable to the appellant bank and, therefore, the appellant bank declined to accept the same. in the meeting of the management committee held on 10.10.1998 the offer made by the respondent company of rs. 4.75 crore was declined. as per the policy of the appellant bank the matter of compromise involving losses/writing off of rs. 10 lacs or more are to be considered by the management committee under clause 13 of the nationalised banks (management and miscellaneous provisions) scheme, 1970 (hereinafter shall be referred to as 'the scheme of 1970'. hence, there was no compromise arrived at between the parties. it is denied that the compromise was accepted in the meeting of the management committee held on 14th/15th of.....
Tag this Judgment! Ask ChatGPTReported in : [2002]256ITR542(Raj)
.....on account of under-invoicing simply on the ground that no addition is possible by making presumption and by generalisation notwithstanding the fact that the assessing officer while making this addition had verified the seized documents and the total sales, neither reflected nor the assessee has submitted satisfactory reply on account of undeclared sales and receipts ?' 2. the brief facts giving rise to the instant appeal are that the return was filed by the assessee-respondent, kohinoor marbles, tiles and kota stone syndicate, jaipur, on july 18, 1990, declaring the income of rs. 48,230 and the same was processed under section 143(1)(a) by the income-tax officer, ward-2(9), jaipur. a search was conducted at the premises of the assessee on january 5, 1994, and a number of account books, loose papers, documents as well as valuables were seized during the course of search operations. the assessing authority called upon the respondent-assessee to explain the entries in the account books/papers/documents seized. the assessee was asked to explain the values. considering the explanation given by the assessee, the assessing officer made addition for unexplained and unrecorded.....
Tag this Judgment! Ask ChatGPTReported in : 2002(1)WLN595
.....go five years rigorous imprisonment and to pay fine of rs. 1000/-, in default of payment of fine, to further undergo r1 for two months. (2). the facts giving rise to this appeal, in short, are as follows:- on 12.10.1999 at about 4.45 pm, pw 1 hardayal lodged a written report ex. p/l before pw 10 pramod swami, who was at the relevant lime sho police station rawla district sri ganganagar stating inter-alia that his daughter shanti (hereinafter referred to as the deceased) was married with the accused appellant 10-12 years back and this wedlock produced four children. it was further stated in the report that in between the night of 11.10.1999 and 12.10.1999, her in-laws' consisting of harlal, father-in-law of deceased, wife of harlal & mother-in-law of deceased, accused appellant ram singh, husband of deceased, rani chandra, another son of harlal and their one daughter hanged the deceased and he had received the information at about 9.00 am on 12.10.1999. it was further stated in the report that previous to that incident, injustice was being done to his daughter deceased and in this respect, a panchayat was also called for an there was a demand of fridge & motor-cycle from her.....
Tag this Judgment! Ask ChatGPTReported in : RLW2003(3)Raj1845; 2002(2)WLN7
.....capacity at the lime of marriage and for last three years, the accused appellant no. 1 was demanding dora of gold, ring of gold and rs. 5000/-. this fact was brought to the knowledge by the deceased to her mother p.w. 9 smt. bhikhi, but since financial condition of p.w. 3 haru ram was not good, thus, this demand could not be fulfilled and for that all the accused appellants started harassing the deceased for not bringing sufficient dowry and also started beating. upon this p.w. 13 mula ram and p.w. 3 haru ram went to the house of accused appellant no. 3 (father-in-law) and they were apprised also. the deceased had two sons. for last four months, the deceased was in her in-law's house and on 18.11.98, she came to dhani of p.w. 3 haru ram where the accused appellant no. 1 asked the deceased as to why she had gone to the dhani of her father and she should have gone to the dhani of likma ram and when accused appellant no. 1 was threatening the deceased, p.w. 4 lala ram was also there and he also made the accused appellant no. 1 to understand as to why he was doing like that. upon this the accused appellant no. 1 told that till dora of gold, ring of gold and rs. 5000/-were not given.....
Tag this Judgment! Ask ChatGPTReported in : RLW2003(3)Raj1834; 2002(1)WLN588
.....he was taking milk for roshan lal d.w. 1. the accused respondent has also produced d.w.1 roshan lal and d.w.2 ganesh in his defence to prove the fact that the milk which was being carried on by the accused respondent was to be given to d.w.1 roshan lal and was not meant for sale and the learned trial magistrate has accepted the statements of these two witnesses and after analysing whole evidence, he came to the conclusion that the prosecution has failed to prove that at the time when sample was taken by p.w. 1 roshan lal, the accused respondent was not selling the milk.15. in my opinion, these findings of the learned sessions judge are based on correct appreciation of evidence and they do not call any interference by this court.16. to make a person guilty for offence under section 7/16 of the prevention of food adulteration act, the prosecution has to prove that at the time when the sample was taken, he was selling the milk as storage of article of food though adulterated is not an offence. since in the present case, it has been substantially proved by the defence evidence that the storage of milk by the accused respondent was not meant for sale.17. apart from that, it may.....
Tag this Judgment! Ask ChatGPTReported in : (2002)173CTR(Raj)58
.....on account of underinvoicing simply on the ground that no addition is possible by making presumption and by generalisation notwithstanding the fact that the assessing officer while making this addition had verified the seized documents and the total sales, neither reflected nor the assessee has submitted satisfactory reply on account of undeclared sales and receipts.'2. brief facts giving rise to the instant appeal are that the return was filed by the assessee-respondent m/s. kohinoor marbles, tiles & kota stone syndicate, jaipur, on 18-7-1990, declaring the income of rs. 48,230 and the same was processed under section 143(1)(a) by the income tax officer, ward-2(9), jaipur. a search was conducted at the premises of the assessee on 5-1-1994, and a number of account books, loose papers, documents as well as valuables were seized during the course of search operations. the assessing authority called upon the respondent-assessee to explain the entries in the account books/papers/documents seized. the assessee was asked to explain the values. considering the explanation given by the assessee, the assessing officer made addition for unexplained and unrecorded sales. he also made.....
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