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C.C. Alavi Haji Vs. Palapetty Muhammed and anr.
Supreme Court of India
May-18-2007
BankingCriminal
Negotiable Instruments Act, 1881 - Sections 138 to 142; Evidence Act, 1872 - Sections 114; Banking, Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988; General Clauses Act, 1897 - Sections 27; General Clauses Regulations; Code of Criminal Procedure (CrPC) - Sections 482; Criminal Law
II(2007)BC533; 2007(4)BomCR314; [2007]137CompCas692(SC); 2007CriLJ3214; [2007(3)JCR209(SC)]; JT2007(7)SC498; 2007(3)KLJ81; 2007(3)KLT77(SC); 2008(3)MhLj115; 2008MPLJ441(SC); 2007 (6) SCC 555
into consideration the presumption in respect of an official act as provided under Section 114 of the Indian Evidence Act, 1872, the following question has been referred for consideration of the larger Bench:Whether in absence of any averments in … notice in terms of proviso (b) of Section 138, there is no material difference between the provisions under Sections 114 and 27 of the respective acts - Notice when sent by registered post by correctly addressing the drawer
Tag this Judgment! AI Brief & AskSitaram Sao @ Mungeri Vs. State of Jharkhand
Supreme Court of India
Nov-12-2007
Criminal
Evidence Act, 1872 - Sections 114 and 133; Criminal Appeal Act, 1907; Indian Penal Code (IPC), 1860 - Sections 120B, 364, 396 and 412; Code of Criminal Procedure (CrPC) , 1973 - Sections 306
AIR2008SC391; 2008(1)ALD(Cri)131; 2008(56)BLJR242; 2007(13)SCALE51; 2007AIRSCW7126; (2008)3SCC(Cri)319; 2008(1)AICLR302
that the alleged confession of this witness does not satisfy the requirements of Section 133 of the Indian Evidence Act, 1872 (in short the 'Evidence Act'). Accused Lalit Sanga had not confessed to his active participation in the occurrence. … requirements of Section 306 Cr.P.C. but also Section 133 read with Section 114 (b) of the Evidence Act. 12. Sections 133 and 114(b) of the … Jharkhand High Court dismissing the appeals filed by the appellants and upholding the conviction for offences punishable under Sections 364 and 396 read with Section 120B of the Indian Penal Code, 1860 (in short the 'IPC'). In
Tag this Judgment! AI Brief & AskNabi Rasool Vs. Mohd. Maqshood and ors.
Allahabad
Jul-28-1982
PropertyCivil
Transfer of Property Act, 1882 - Sections 60, 76 and 91; Registration Act, 1908 - Sections 17(1); Code of Civil Procedure (CPC) , 1908 - Sections 100; Evidence Act, 1872 - Sections 114
AIR1982All503
relied on Gopal Krishnaji Ketkar v. Mohammed Haji Latif AIR 1968 SC 1413 where it was observed: '(A) Evidence Act (1872), Sections. 114(g) and 103-A party in possession of bestevidence which would throw light onthe issue in controversy withholding it--Court
Tag this Judgment! AI Brief & Ask18-section briefs on any result in this list
Jaswinder Singh Vs. Parshotam Lal Sanghi, Advocate and ors.
Punjab and Haryana
May-16-2005
Civil
Evidence Act, 1872 - Sections 114; Code of Civil Procedure (CPC) , 1908 - Sections 96, 102 and 115
(2005)141PLR368
in the exercise of jurisdiction illegally or with material irregularity. A valid inference under Section 114 of the Evidence Act 1872 has been drawn by the learned Lower Appellate Court when the defendant-appellant failed to produce the record showing … M.M. Kumar, J.1. This petition filed under Section 115 of the Code of Civil Procedure prays for setting aside the judgment and decree dated 29.3.2005 passed
Tag this Judgment! AI Brief & AskSaiyad Mohd. Saiyad Umar Saiyad and ors. Vs. State of Gujarat
Supreme Court of India
Apr-03-1995
NarcoticsCriminal
Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20, 50 and 54; Bombay Prohibition Act, 1949 - Sections 65 and 66; Evidence Act, 1872 - Sections 114
1995(43)BLJR1049; 1995CriLJ2662; 1995(2)Crimes182(SC); 1995(50)ECC117; 1995(78)ELT649(SC); (1995)2GLR1315; JT1995(3)SC489; 1995(2)SCALE576; (1995)3SCC610; [1995]3SCR117; [1
the High Court should raise a presumption under the provisions of Section 114, illustration (e) of the Indian Evidence Act, 1872, to that effect. The High Court noted the judgment of this court in the case of State of … a further term of two years. It upheld also the conviction of the appellants under the provisions of Sections 65 and 66 of the Bombay Prohibition Act, 1949, in respect whereof no separate punishment had been imposed.3.
Tag this Judgment! AI Brief & AskSriram Industrial Enterprises Ltd. Vs. Mahak Singh and ors.
Supreme Court of India
Mar-08-2007
Labour and Industrial
Uttar Pradesh Industrial Disputes Act, 1947 - Sections 2, 4K and 6N; Evidence Act, 1872 - Sections 114; Industrial Disputes Act, 1947 - Sections 10, 25B, 25B(2) and 25F; Industrial Employment (Standing Orders) Act, 1946; Constitution of India - Articles 226 and 227
AIR2007SC1370; JT2007(4)SC278; (2007)2LLJ393SC; 2007(4)SCALE237; (2007)4SCC94; 2007AIRSCW1712; 2007IILLJ393(SC)
the circumstances the Tribunal should have drawn an adverse presumption under Section 114 Illustration (g) of the Indian Evidence Act, 1872 against the petitioner. Tailing further note of the expression 'continuous service' under Section 2(g) of the U.P. Act, … usage in Section 25B(2)(a)(ii) of the Central Act. In order to appreciate the difference between the two provisions, Sections 6N and 2(g) of the U.P. Act and Section 25B(2)(a)(ii) of the Central Act are reproduced hereinbelow:6-N. Conditions
Tag this Judgment! AI Brief & AskFilmistan Exhibitors Ltd. Vs. N.C.T., Thr. Secy. Labour and ors.
Delhi
Apr-26-2006
Labour and Industrial
Payment of Gratuity Act, 1972 - Sections 2, 4, 4(1), 7 and 7(7); Evidence Act, 1872 - Sections 114; Industrial Disputes Act, 1947 - Sections 25B and 25F; Constitution of India - Article 226
131(2006)DLT648; [2006(111)FLR661]; (2007)ILLJ50Del; 2007(2)SLJ258(Delhi)
the same and as such an adverse inference in terms of Section 114 illustration (g) of the Indian Evidence Act, 1872 and was liable to be drawn against it. In this behalf, I may appropriately refer to the pronouncement … failed to comply with the demand made by the respondent no. 2, the respondent filed an application under Section 7 of the Payment of Gratuity Act, 1972 before the Controlling Authority on 23rd March, 2001. The material
Tag this Judgment! AI Brief & AskMr. Lalit Kumar Bagla Vs. Bindal Agro Chemicals Ltd. and ors.
Delhi
Nov-22-2007
Civil
Evidence Act, 1872 - Sections 114
2008(101)DRJ606
against such a party on the basis of principle contained in illustration (g) of Section 114 of the Evidence Act, 1872, which reads as under:114. Court may presume existence of certain facts - The Court may presume the existence … has to be drawn against such a party on the basis of principle contained in illustration (g) of Section 114 of the Evidence Act, 1872, which reads as under:114. Court may presume existence of certain facts -
Tag this Judgment! AI Brief & AskEmperor Vs. Bhiku Ramchandra Shinde
Mumbai
Dec-06-1949
Criminal
Bombay Public Security Measures Act, 1947 - Sections 2(1) and 2(6); Evidence Act, 1872 - Sections 114
AIR1950Bom330; (1950)52BOMLR223
in a criminal trial.4. The Advocate-General has also referred to the presumption that would arise under Section 114, Evidence Act, 1872. The Advocate-General says that once an order is tendered and there is no proper challenge, the Court should … fail and the order of acquittal must be confirmed. Bombay Public Security Measures Act (Bom. VI of 1947), Sections 2(1) (b) and (6) - Order--Satisfaction of detaining authority to be proved--Plea of not guilty amounts to challenging
Tag this Judgment! AI Brief & AskSri Chandrashekar and ors. Vs. the Tuheed Co-operative Housing Society ...
Karnataka
Dec-20-2007
CivilProperty
Karnataka Co-operative Societies Act, 1959; Urban Land (Ceiling and Regulation) Act, 1976; Specific Relief Act, 1963 - Sections 10, 20, 20(2) and 23; Indian Contract Act, 1872 - Sections 23; Karnataka Land Reforms Act, 1961 - Sections 79B and 109; Evidence Act, 1872 - Sections 114; Karnataka Land Reforms (Amendment) Act
ILR2008KAR4003; 2008(6)AIRKarR319; AIR2009NOC264
As the best piece of evidence was withheld from the Court, adverse inference under Section 114 of the Evidence Act, 1872 should have been drawn. To drive home this point, Sri Shetty, the learned Counsel for the appellants brought … The first respondent Society can be compensated in terms of money as provided under Section 20(2) read with Sections 10 and 23 of the Specific Relief Act.j) Under Section 79-B of Karnataka Land Reforms Act, 1961, a
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