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Shree Shyam Agency. Vs. Union of India and ors.

Court : Supreme Court of India

Subject : Railways

Acts : Railway Claims Tribunal Act, 1987 - Sections 16, 82A; Railways Act, 1989 - Sections 124A, 61, 62, 87(2); Indian Evidence Act, 1872 - Sections 123,124; General Clauses Act, 1897 - Section 22; Railways (Manner of Delivery of Consignments AND Sale Proceeds in the Absence of Railway Receipt), Rules, 1990

Reported in : (2013)1SCC283

production of documents;c) receiving evidence on affidavits;d) subject to the provisions of sections 123 AND 124 of the Indian Evidence Act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any … to be carried by railway AND not for adjudication of any claim or dispute against a third party.11. Chapter III of the Tribunal Act deals with the jurisdiction, powers AND authority of the Claims Tribunal. Section 13 … civil revision petitions were heard AND a common order was passed on 9.9.2011 dismissing all the revision petitions AND confirming the order passed by the

Devi Saran Mishra Vs. the Union of India (Uoi) and ors.

Court : Allahabad

Subject : Criminal

production of documents;(c) receiving evidence on affidavits;(d) subject to the provisions of Sections 123 and 124 of the Indian Evidence Act, 1872, (1 of 1872) requisitioning any public record or document or copy of such record or document from any … Tribunals over a period of three years or so after their institution, will be useful for our purpose. Chapter VIII of the second volume of the Report, 'Alternative Modes and Forums for Dispute Resolution,' deals with the … considered, and they have been answered in paragraphs 77, 79, 80,81, 82, 92, 93, 94, 97, 98, 100 and 101, which are being extracted below:77.

State of Kerala Vs. Rasheed

Court : Supreme Court of India

Subject : Land Acquisition

Prosecution. The deferral of cross-examination, in the present case, would run counter to the general provisions of the Indian Evidence Act, 1872. The Additional Sessions Judge held that the deferral of cross- examination in this case could give rise to … Cr.P.C. which provides for a similar discretion to a Magistrate in the trial of a Warrant Case under Chapter XIX of the Cr.P.C.6. Section 242(3) is analogous to Section 251A(7) of the repealed Code of Criminal Procedure, … Leave Petition (Crl.) No.4652 of 2018 wherein the impugned Order dated January 9, 2018 passed by the High Court of Kerala in Criminal Miscellaneous Case

Cholamandalam MS General Insurance Co. Ltd Vs K. Dineshkumar

Court : Chennai

licence particulars without assigning any reason even after receipt of Ex-R.4, adverse inference as per Section 114 of Indian Evidence Act, 1872 has to be drawn against the first respondent that the first respondent's driver was driving the motorcycle without … findings110. The summary of our findings to the various issues as raised in these petitions is as follows:(i) Chapter XI of the Motor Vehicles Act, 1988 providingcompulsory insurance of vehicles against third-party risks is a social welfare … pay compensation on the second respondent without ordering for pay and recovery. 9.1. He elaborates on his argument by submitting that indeed the burden lies

Khatri and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 4, 36, 162, 172 and 202; Evidence Act, 1872 - Sections 27, 32(1), 35, 122, 123, 124, 126, 129, 145 and 161; Constitution of India - Articles 32 and 226

Reported in : AIR1981SC1068; 1981(29)BLJR425; 1981(1)SCALE531; (1981)2SCC493; [1981]3SCR145; 1981(13)LC924(SC)

the Court, by the prosecution, to contradict such witness in the manner provided by Section 145 of the Indian Evidence Act, 1872; and when any part of such statement is so used, any part thereof may also be used in … investigated, inquired into, tried or otherwise dealt with. Then we come straight to Section 162 which occurs in chapter XII dealing with the powers of the Police to investigate into offences. That Section, so far as material, … the CID report submitted by L.V. Singh,. DIG, CID (Anti-Dacoity) on December 9, 1980; 2. the CID reports on all the 24 cases submitted by

Standard Chartered Bank Vs. Andhra Bank Financial Services Ltd. and or ...

Court : Supreme Court of India

Subject : CivilCompany

Acts : Special Courts (Trial of Offences Relating to Transactions in Securities) Act, 1992 - Sections 3, 3(3), 5, 10 and 13; Companies Act, 1956 - Sections 2(12), 108, 108(1), 111, 111(1), 111(2), 111(7), 155, 620, 620(1) and 620(2); Companies (Amendment) Act, 1988; Specific Relief Act, 1963 - Sections 34; Specific Relief Act, 1877 - Sections 42; Transfer of Property Act, 1882 - Sections 9, 130 to 136 and 137; Evidence Act, 1872 - Sections 35, 110, 114 and 165; Benami Transactions (Prohibition) Act, 1988 - Sections 3(3) and 4(2); Sale of Goods Act, 1930 - Sections 27; Code of Civil Procedure (CPC) - Sections 11 - Order 12, Rule 1

Reported in : AIR2006SC3626; 2006(5)SCALE384; (2006)6SCC94; [2006]68SCL109(SC); MANU/SC/2534/2006

An adverse inference is a presumption which the court is entitled to draw under Section 114 of the Indian Evidence Act, 1872 read with illustration (g) thereto. Mr. Jethmanlani contended that the weight of the authorities would show that unless … any other securities of a company, whether constituting a charge on the assets of the company or not. Chapter VIII of the TP Act deals with transfers of actionable claims. Section 137 of the TP Act, however, … FACTS:(a) Sometime in December 1991, NPCL issued bonds of two series - 9% tax free bonds and 17% taxable bonds. These bonds were permitted by

Natibabu Khadka Vs. State of Goa, as Represented by the Anti Narcotic ...

Court : Mumbai

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 54; Evidence Act, 1872 - Sections 27; Opium Act, 1878 - Sections 10

Reported in : 1996(5)BomCR76

reference would be made in the later part of this judgment under sections 8 and 27 of the Indian Evidence Act, 1872.3. It is the prosecution case that the appellant was employed as a Driver of the said bus by … arise under section 54 of the Act to the effect that the accused has committed an offence under Chapter IV of the Act in respect of possession of the prohibited drug. Only at that stage, the onus … of the Opium Act, 1878. In our opinion the language of sections 9 and 10 of the Opium Act, 1878 is somewhat different than the

M/S. Dagi Ram Pindi Lall and Another Vs. Trilok Chand JaIn and Others

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Evidence Act, 1872 - Sections 123 and 124; Income-tax Act, 1961 - Sections 137 and 138; General Clauses Act, 1897 - Sections 6; Finance Act, 1964 - Sections 32; Finance Act, 1967 - Sections 28; Foreign Exchange Regulation Act, 1947; Taxation Laws (Amendment) Act, 1960 - Sections 59B

Reported in : AIR1992SC990; (1992)102CTR(SC)170; [1992]194ITR228(SC); JT1992(1)SC526; 1992(1)SCALE249; (1992)2SCC13; [1992]1SCR545

prepared for the purpose of this Act, shall be treated as confidential, and notwithstanding anything contained in the Indian Evidence Act, 1872 (1 of 1872) no Court shall, save as provided in this Act, be entitled to require any public … affidavit or deposition made, in the course of any proceedings under this Act other than proceedings under this Chapter, or in any record of any assessment proceeding, or any proceeding relating to the recovery of a demand, … to six months, and shall also be liable to fine.6. By Section 9 of the Taxation Laws (Amendment) Act of 1960, Section 59-B was inserted

Hanumantha @ Kunt Hanumantha vs State of Karnataka

Court : Karnataka Kalaburagi

Section 4 of the Bharatiya SakshyaAdhiniyam 2023 also reads as above with regard to relevancy of facts i.e., Chapter II. Both Section 6 of the Indian Evidence Act, 1872 and Section 4 of the Bharatiya Sakshya Adhiniyam … making these witnesses res gestae witnesses to the prosecution case. Section 6 and illustration A to Section 6 Indian Evidence Act, 1872 is extracted for the ready reference here under:6. Relevancy of facts forming part of same transaction.- Factswhich, though … According to him, though the prosecution relied on the evidence of PWs.1, 9, 10, 11, 15, 17 and 18, they are not the eye-witnesses to

Bhaurao Pandurang Raut and anr. Vs. Ziblabai Wd/O Shankarrao Hiwanj an ...

Court : Mumbai

Subject : Tenancy

Reported in : (1991)93BOMLR979

the question referred to in Sub-section (3), the Tahsildar shall, notwithstanding anything contained in Section 92 of the Indian Evidence Act, 1872, or in Section 49 of the Indian Registration Act, 1908 or in any other law for the time … to in Sub-section (3), the Tahsildar shall, notwithstanding anything contained in Section 92 of the Indian Evidence Act, 1872, or in Section 49 of the … Section 6 to be prepared for entry in the Record of Rights in accordance with the provisions of Chapter IX of the Code.(2) After such list is prepared it shall be published in the prescribed manner and