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Mar 05 2003

Mohammad GayasuddIn Son of Wali Mohammad Vs. the State of Maharashtra, ...

Court : Mumbai

Decided on : Mar-05-2003

Subject : Criminal

Acts : Arms Act - Sections 3 and 25; Prevention of Terrorists Act, 2002 - Sections 3(3), 3/25, (5), 18, 21 (2), 22, 22(2), 22 (3), 32 and 50; Evidence Act, 1872 - Sections 24, 27, 30 and 34; Unlawful Activities (Prevention) Act, 1967; ;Terrorist And Disruptive Activities Prevention Act 1987 - Sections 15 and 15(1); ;Terrorist And Disruptive Activities Prevention Act (Amending) Act, 1993 - Sections 15; Bankers Book Evidence Act, 1891 - Sections 4; Indian Penal Code (IPC) - Sections 143, 147, 148, 149, 325, 363 and 368; Code of Criminal Procedure (CrPC) - Sections 149, 154, 156(3), 162, 164, 167(2), 173, 281, 190, 439 and 463

Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994

to Police Officers to be taken into consideration .- (1) Notwithstanding anything in the Code or in the Indian Evidence Act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a … time, the Police Authorities applied provisions of Sections 3(3), (5), 21(2) and 22(3) of the Prevention of Terrorists Act, 2002 ( hereinafter referred to as 'The POTA' for brevity). 5. Mr. Manohar, learned counsel, contended that the appellant … organization to the Schedule, (b) remove an organization from that Schedule, (c) amend that Schedule in some other way. As far as sub-sections (3) and

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Jul 13 2012

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

Decided on : Jul-13-2012

Subject : Land Acquisition

during the course of cross examination of defendant's witness? 2) Whether in terms of Section 58 of the Indian Evidence Act, 1872, the admissions made by parties during the hearing/trial can be accepted as substantive evidence and reliance … Code of Civil Procedure by virtue of section 5 r/w section 16 of the Code of Civil Procedure (Amendment) Act, 2002? 11. Mr. D. J. Pangam, learned Advocate, argued on behalf of the plaintiffs whereas, Mr. Galileo Teles, learned … Rs.18,800/- and they had also prayed for interest at the rate of 18% per annum on the said sum of Rs.18,800/-, calculated at quarterly rests

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Jul 13 2012

Shri Vishram Jaya Shetkar Alias Manohar Jaya Shetkar and Others Vs. Sh ...

Court : Mumbai Goa

Decided on : Jul-13-2012

Subject : Land Acquisition

during the course of cross examination of defendant's witness? 2) Whether in terms of Section 58 of the Indian Evidence Act, 1872, the admissions made by parties during the hearing/trial can be accepted as substantive evidence and reliance … Code of Civil Procedure by virtue of section 5 r/w section 16 of the Code of Civil Procedure (Amendment) Act, 2002? 11. Mr. D. J. Pangam, learned Advocate, argued on behalf of the plaintiffs whereas, Mr. Galileo Teles, learned … Rs.18,800/- and they had also prayed for interest at the rate of 18% per annum on the said sum of Rs.18,800/-, calculated at quarterly rests

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Feb 24 2006

Sri Victor Sebastian S/O Hilari Karkada Vs. Smt. Thorulatha D/O John B ...

Court : Karnataka

Decided on : Feb-24-2006

Subject : Family

Acts : Divorce Act, 1869 - Sections 10, 10(1) and 13(1); Indian Divorce (Amendment) Act, 2001; Hindu Marriage Act

Reported in : II(2006)DMC844; ILR2006KAR3097

the. matter. She did not join her husband. The respondent in the light of the amendment to the Indian Divorce Act 2001 filed a petition Under Section 10(1)(x) of the Divorce Act 1869 before the learned Judge … the respondent that Udupi Court has jurisdiction 'in the matter.9. Section 10(1)(x) was introduced in terms of the Amendment Act. The said Section reads as under:10. Grounds for dissolution of marriage: (1) Any marriage solemnized, whether before or … learned Counsel appearing for the appellant argues that in terms of the evidence available on record, it cannot be said that Section 10(x) is attracted

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Aug 31 2012

Sahara India Real Estate Corporation Limited and Others. Vs. Securitie ...

Court : Supreme Court of India

Decided on : Aug-31-2012

Subject : Companies

Acts : Companies Act, 1956 - Section 55A(b), 55A(c), 56, 57, 58, 60B, 60B(1), (2), 2(19A), 60B(9), 235 to 241, 73, 73(1)(2A), 209-A , 68A(1)(a), 2(45AA), 81(1A), 234(1), 234(4)(a), 67(3), 62, 63, 108A, 109, 110, 117A, 117B, 117C, 56, 62, 63, 642, 642(4), 2(19A); Securities and Exchange Board of India (Disclosure and Investor Protection) Guidelines, 2000 ; Securities and Exchange Board of India (Issue of Capital and Disclosure Requirements) Regulations, 2009 - Regulations 3, 6, 2(zc), 2(p), 2(n), 4(2), 5(1), 6, 7, 16(1), 20(1), 25, 26, 36, 37, 46, 57; Securities and Exchange Board of India(SEBI) Act 1992 - Section 11C, 11A, 15Z, 55A, 68A, 77A, 80A, 108, 109, 110 116, 117, 118, 119, 120, 121, 122, 206, 206A, 207, 59 to 81,; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, Form No. 2A,; Securities Contracts (Regulation) Act(SCR), 1956 - Section 2(h), 21, 73(1)(3), 28, 28(1)(b), 20; Companies (Amendment) Act, 2000 - Section 55A, 67(3); Companies (Second Amendment) Act, 2002 - Section 2(19B), 60B(9), 60B(1)(2)(3), ; Constitution of India - Articles 129, ; Companies Act, 2006 - Sections 755, 760,; Food Safety Modernization(FSMA), Act 2000 - Section 85; Reserve Bank of India Act, 1934 - Section 45I(f) ; Companies Amendment Act 53 of 2000 - Section 81(1A); Insurance Act, 1938 - Section 2; Securities Laws (Amendment) Act, 1995 - Sections 13, 16, 28(1)(b), 28(2); Indian Evidence Act - Section 114 ; Companies (Central Government's) General Rules and Forms, 1956 - Rule 4CC, 4D; Unlisted Public Companies (Preferential Allotment) Rules, 2003 - Rule 2,; UPC (PA) Amendment Rules 2011 ; SCR Rules - Rule 19; Unlisted Public Companies (Preferential Allotment) Amendment Rules 2011

Reported in : (2013)1SCC1

stock exchange. Section 60B, as already indicated, refers to IM. Section 2(19B) was inserted by the Companies (Second Amendment) Act, 2002, w.e.f. 1.4.2003, which reads as follows:“2(19B) "information memorandum" means a process undertaken prior to the filing of a … those principles and concepts find a place in the later English Companies Act, 1985, followed by 1989 Act. Indian Companies Act, 1956 still remains static on various issues. No efforts have been made to incorporate universally accepted … that, apart from asserting jurisdiction in an erroneous manner, SEBI has no evidence of credible nature to show that Saharas had attempted to deceive or

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Sep 01 2016

Selvamani and Others Vs. Minor K. Gomathi rep. by mother and guardian ...

Court : Chennai

Decided on : Sep-01-2016

Subject : Land Acquisition

plaintiff can be presumed to be the daughter of the first defendant as contemplated under Sec.112 of the Indian Evidence Act.? ii) When Ex.B2 muchalika evidencing the dissolution of the marriage between the second plaintiff and the first … second plaintiff was not claimed to be the wife of the first defendant anywhere. The plaint was not amended at any point of time to that effect. As per Section 112 of the Indian Evidence Act, the … established, no divorce as found in muchalika is valid. In this connection 2002(1) MLJ 320 (Chandralekha v. Subramani) and 2005(9) SCC 407 (Subramani v. M.Chandrasekha)

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Oct 08 2002

ibrahim Farukmiya Karajgi Vs. Kasimkhan and anr.

Court : Karnataka

Decided on : Oct-08-2002

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 115 and 115(1) - Order 18, Rules 3A, 4, 4(1) and 5; Code of Civil Procedure (CPC) (Amendment) Act, 2002; Evidence Act, 1872 - Sections 1, 118, 120, 141 and 142

Reported in : 2003(2)KarLJ563

to point out that the deposition of witnesses are included in the term 'evidence' as defined under the Indian Evidence Act. Thus the word 'evidence' includes all legal means, exclusive of mere arguments, which tend to prove or … seen that the provisions contained under Order 18, Rule 4(1) of the CPC as amended by the CPC Amendment Act of 2002 clearly provides that the deposition of a witness, which expression as I have already stated also … petitioner herein under Order 18, Rule 5 of the CPC read with Section 151 of the CPC requesting the Court to permit him to examine

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Feb 28 2003

Johnson M. Joseph Alias Shajoo Vs. Smt. Aneeta Jhonson

Court : Madhya Pradesh

Decided on : Feb-28-2003

Subject : Family

Acts : Divorce Act, 1869 - Sections 10(1); ;Divorce (Amendment) Act, 2001; Indian Penal Code (IPC) - Sections 498A

Reported in : AIR2003MP271; 2003(2)MPLJ48

above decisions on the meaning of words 'cruelty and desertion'. During pendency of this appeal the Indian Divorce (Amendment) Act, 2001 has come into force from 3-10-2001. Section 10(1)(x) provides cruelty as a ground for dissolution of marriage. … dated 19-6-2001 in Criminal Appeal No. 35 of 2001. The Court of Session found on appreciation of the evidence in the criminal case that the case of the, defendant, that the plaintiff and his parents were demanding … In Savitri Pandey v. Prem ChandraPandey (2002) 2 SCC 73 : (AIR 2002 SC 591)the Supreme Court observed that treating thepetitioner with cruelty is a

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May 13 2008

United India Insurance Co. Ltd. Vs. Ajay Sinha and anr.

Court : Supreme Court of India

Decided on : May-13-2008

Subject : Civil

Acts : Legal Services Authorities Act, 1987 - Sections 22, 22(5), 22A, 22B, 22B(1), 22D, 22C, 22C(1), 22C(2), 22C(8) and 22E; Evidence Act, 1872; Code of Civil Procedure (CPC) , 1908 - Sections 9 and 89; Legal Services Authorities (Amendment) Act, 2002; Arbitration and Conciliation Act, 1996 - Sections 34, 67 and 73; UNICTRAL Conciliation Rules; Constitution of India - Article 39A; Indian Penal Code (IPC) - Sections 461 and 479

Reported in : AIR2008SC2398; 2008(5)ALD1(SC); 2008(2)ARBLR425(SC); JT2008(6)SC517; 2008MhLJ329; (2008)6MLJ832(SC); 2008(8)SCALE509; (2008)7SCC454; [2008] 8 SCR 509

dispute on merit is not bound by the provisions of the Code of Civil Procedure, 1908 and the Indian Evidence Act, 1872 but guided by the principles of natural justice, objectivity, fair play, equity and other principles of … securing justice to the downtrodden class of the society. The Statement of Objects and Reasons for enacting the Amendment Act is as under:The Legal Services Authorities Act, 1987 was enacted to constitute legal services authorities for providing free … company; the period covered thereunder being 29th August, 2001 to 31st August, 2002. Allegedly, a burglary took place in his godown in the night of … Authorities to provide for free and competent legal service to the weaker sections of the society, to ensure that opportunities for securing justice are not … S.B. Sinha, J.Leave granted.1. Legal Services Authorities Act, 1987 (the Act) was enacted to constitute Legal Services

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Sep 06 2004

Municipal Corporation, Faridabad Vs. Siri Niwas

Court : Supreme Court of India

Decided on : Sep-06-2004

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 10(1), 25B, 25B(2) and 25F; ;Evidence Act - Sections 114

Reported in : 2004(4)AWC2847(SC); JT2004(7)SC248; (2004)IIILLJ760SC; RLW2004(4)SC552; 2004(7)SCALE437; (2004)8SCC195; 2005(1)SLJ95(SC); 2004(2)LC1404(SC); (2004)3UPLBEC2627

the respondent, on the other hand, would support the judgment of the High Court.13. The provisions of the Indian Evidence Act per se are not applicable in an industrial adjudication. The general principles of it are, however applicable. … accelerated promotion but not the seniority. -- CONSTITUTION OF INDIA. Article 16 (4A) [As inserted by Constitution (Seventy-Seventh Amendment) Act, 1995]: Promotion with consequential seniority Held, Where by virtue of the 77th and 85th Constitutional amendment and consequential … exercise of the power conferred by Clause (c) of Sub-section (1) of Section 10 of the Industrial Disputes Act, 1947 in the following terms:'Whether there … the matter, however, is being noticed from Civil Appeal No. 1851 of 2002.3. The Appellant is in appeal before us being aggrieved by and dissatisfied

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