Court : Delhi
Decided on : Nov-13-2002
Reported in : 2003(1)SLJ237(Delhi)
..... that the petitioner never admitted his guilt nor did he plead guilty to the charge. next that though the petitioner was served with a charge sheet under section 39(a) of the army act, 1950, but was not given any opportunity to take help of a legal practitioner as the trial was of criminal nature. this lapse itself vitiates the trial. ..... act and under the command of the officer holding the court, except an officer, junior commissioned officer or warrant officer. ..... of learned counsel for the petitioner that petitioner was not attested in the army i.e. he was not confirmed and was a recruit only and could not be subjected to summary court martial, we find no force in this as section 120(3) of the army act, 1950 provides that a summary court-martial may try any person subject to this .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Decided on : Jan-01-2002
Reported in : (2002)(141)ELT247Tri(Bang.)
..... ullage survey report quantity, then such different shall be considered as short landed quantity and for which the ship's owner should be held responsible by action under section 116 of the customs act. (para 8 of the reported decision) and in the impugned order no. 120/99 in appeal c/339/2000 it has been recorded..... "....it is also seen that ..... oil is not decanted into the shore-tanks for whatever reasons, cannot be the crude oil imported as having not reached the land mass of india. levy under section 12 of the customs act is only on goods imported into india. therefore we find no justification in taxing, quantities as imported by being shown in the 'ullage reports', which may be not ..... . v. apar - 1999 (112) e.l.t. 3 (s.c.) wherein it was held that for duty to be paid, the relevant date has to be as per section 15 of the customs act and the decision of the tribunal in the case of cochin refineries ltd. -1999 (105) e.l.t. 108 is therefore not a good law, as held by .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-2002
Reported in : 2002ACJ764
..... pay compensation for such person even when they were travelling in a goods vehicles. this is in view of 1994 amendment in sub-clause (1) of section 147(1)(b) of the new act in which the following words were brought in:.injury to any person, including the owner of the goods or his authorized representative carried in a vehicle. ( ..... a decision of the supreme court in sohan lal passi v. p. sesh reddy 1996 acj 1044 (sc). in this case while considering the provisions of section 96(2) of the motor vehicles act, 1939 in this judgment it was observed that insurer is required to establish wilful violation or infringement of a promise by the insured. owner of the insured ..... co. ltd. v. satpal singh 2000 acj 1 (sc) and also in view of its 1994 amendment. this court in this case, while interpreting section 147(1)(b)(i) and (ii) of the new act holds the insurance company liable to pay the compensation both for the owner and his representative and also for the gratuitous passengers travelling in a goods .....
Tag this Judgment!Court : Himachal Pradesh
Decided on : Jan-01-2002
Reported in : AIR2003HP5
..... in whom the power is reposed to exercise that power when called upon to do so.43. in our view the word 'may' used in section 93 in punjab act (supra) and in section 90 of h.p. act of 1968 (supra) is to be construed as 'compulsory' looking to its object of effecting rights of the residents. how the word 'may' ..... the cash in their coffers, even as human rights under part iii of the constitution have to be respected by the state regardless of budgetary provision. likewise, section 123 of the act has no saving clause when the municipal council is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging ..... engine worked for not more than 5 minutes.29. dw-4 tilak raj is a retired municipal engineer. according to him he was an overseer with defendant no. 1 from 1950 to 1979 and municipal engineer from 1979 to 1982. he knew the plaintiffs whose building was destroyed in the fire. according to him on 7-9-1981, balwant singh .....
Tag this Judgment!Court : Delhi
Decided on : Jan-03-2002
Reported in : 2002IIIAD(Delhi)485; 96(2002)DLT385; 2002(62)DRJ72
..... was filed which was not notarised and a fresh power of attorney was filed on 29.7.2000 along with application for issuing summons for judgment.3. section 85 of indian evidence act postulates that the court shall presume that every document purporting to be power of attorney and to have been executed before, and authenticated by, a notary public ..... the plaintiff, the defendants supplied goods to m/s. sonakshi exports, another export house and now to say that mr. nayar did not instruct in this regard is an act of wriggling out. so much so plaintiff did not instruct in this regard in writing and, thereforee, the plaintiff cannot escape the legal consequence of letter date 5.5 ..... plaintiff was that saremal was the duly authorized agent of bai dhapu to present the plaint, to sign it and to appoint a pleader, saremal being authorized so to act under the power of attorney. it was under these circumstances held that for the purpose of appointing a recognised agent to take some step in the suit, the .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-03-2002
Reported in : ILR2002KAR1687; 2002(2)KarLJ236
..... before the tribunal and contested the claim on the ground that both being soldiers serving in the indian air force and army respectively, the lease created or continued by them is permissible under section 5 of the act. further it was contended that the land leased or continued by soldiers will not automatically vest with the government as per ..... lands.6. on the other hand sri shivaprakash, learned counsel appearing for some of the tenants vehemently opposed this contention inter alia contending that neither section 5 nor section 15 of the act have relevance to the present case. it is contended that there is no material produced by the petitioner to show that the lease was created ..... application or not, at this stage, i need not go into this disputed question of fact. even if such application is not filed as per section 15(5) of the act, it is open for the tenants/respondents herein to make an application in this regard before the concerned tahsildar and only after due enquiry the tahsildar .....
Tag this Judgment!Court : Delhi
Decided on : Jan-04-2002
Reported in : 2002IIIAD(Delhi)433; 96(2002)DLT217; 2002(62)DRJ16
..... to 9 in criminal courts and court martial (adjustment of jurisdiction) rules, 1952 and the sections 80 and 81 of the bsf act are equivalent to sections 125 and 126 of the army act, 1950. she argued that under section 46 of the bsf act, offences under sections 279/337 ipc with which accused was charged are triable both by criminal courts as well ..... for determination as to which court should try the accused. thus it was argued that the impugned order rejecting the application of the petitioner under section 80 of the bsf act and requiring the commanding officer to produce the accused so that he can be delivered to the commandant is illegal. reliance was placed on the ..... 1995. on that date, the commanding officer of the 41 bn. through shri r.v. sinha, advocate moved an application (dated 10th march, 1995) under section 80 of the bsf act, inter alia, stating therein that accused subhas chander had been working with the bsf and posted under hq 41 bn. bsf, dhubulia, nadia, west bengal and .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-04-2002
Reported in : 2002(1)AWC733; (2002)2UPLBEC1413
..... in suresh chandra misra's (supra) case to the facts and circumstances in the present case, in which the services of the respondent no. 3 have been regularised under section 33b of the act, 1982, the appointment of arun kumar jaiswal, the respondent no. 3 cannot be held to be invalid. it is for the committee of management at the relevant time ..... the post of lecturer in raja ratan sen intermediate college, nichlaul, maharajganj with effect from the date of his appointment in pursuance of provisions of section 33b of the u. p. secondary education selection board (amendment) act. 1998.6. i have considered the respective contentions. on the date when the vacancy arose, it was a short-term vacancy, and that in special .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-04-2002
Reported in : AIR2002MP151; 2002(2)MPHT480; 2002(3)MPLJ134
..... counsel for the petitioner submits that no court or authority or jurisdiction to issue land revenue recovery certificate in view of section 17 read with section 18 of the recovery of debts due to banks and financial institutions act, 1993, and there is specific bar under the said provisions. the challenge of the petitioner is to a recovery ..... initiated under section 3 of the madhya pradesh lok dhan (shodhya rashiyon ki vasuli) adhiniyam, 1987 (act no. 1 of 1988). certain loan was advanced to the petitioner and revenue recovery certificate/overdraft was also drawn. land ..... recovery to the authorities mentioned therein which by itself recoverable. jurisdiction of m.p, act cannot be said to ousted in any manner by sections 17 and 18 of recovery of debts due to banks and financial institutions act, 1993. the said act does not oust the jurisdiction in any manner which is to be exercised under .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-04-2002
Reported in : 2002(1)ALD(Cri)519; 2002(1)ALT(Cri)300; II(2003)DMC239
..... , in which their lordships of gujarat high court was pleased to hold that by invoking the inherent powers under section 482, cr.p.c, the court is empowered to compound the offence under protection of civil rights act. it is the judgment of the learned single judge of gujarat high court. we are not in agreement with ..... 15. the principle underlying the above decision is that the courts have to save the institution of the marriage. the court by refusing to exercise the jurisdiction under section 482, cr.p.c. cannot destroy the family institutions. therefore, when the matrimonial disputes are finally settled and the court is satisfied fully that the disputes have ..... been settled and the parties are staying happily, there will be nothing wrong in exercising the jurisdiction under section 482, cr.p.c. for quashing the complaint against the husband. by exercising such jurisdiction, family will be saved from further calamities.16. to give one .....
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