Court : Allahabad
Decided on : Feb-17-1992
Reported in : AIR1992All298; (1992)2UPLBEC1435
..... of the alleged manipulation said to have been committed in preparing the result of the petitioner in the examination in question. section 11 of the act speaks of the powers of the vice-chancellor as also the conditions under which he can exercise emergency powers. the vice- ..... committee felt it necessary. the petitioner submits that the appointment of the saraf committee was arbitrary and irrational. it was done only to appease section of students, who were party to the dispute and to cause harassment to the petitioner.8. one of the members of the saraf committee, ..... in air 1987 sc 2386 the supreme court was dealing with a case arising out of the army act in respect of a delinquent, who was tried in summary court-martial. it was found that the officer who had punished the ..... army personnel on previous occasion was sitting at court-martial and the delinquent was not asked whether he objected to .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-28-1992
Reported in : 1993CriLJ1358
..... , air 1988 sc 283 : (1988 cri lj 417) laying down that army, navy, air force acts being a special act embodying completely self contained comprehensive code, specifying offences, procedure for detention, investigation and punishments, constitute a special law within the meaning of section 5 of the code of criminal procedure, rendering the provisions of the code inapplicable ..... yashwant bapuji mokashi v. state of maharashtra, air 1968 bombay 273 : (1968 cri lj 903) laying down that the position under section 96, bombay police act, 1951 is different that the general law under section 167, cr. p.c. in so far as a presidency magistrate in greater bombay irrespective as to whether he has or has ..... view of what we have held about his being liable to be transferred back to the central prison, nasik in connection with the ndps act case in view of the mandate in section 270 of the cr. p.c.74. yet another contention of the petitioner that his detention in the district jail, moradabad is unauthorised .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-25-1992
Reported in : 1993CriLJ2636
..... discloses that immediately before her death she was subjected by such person to cruelty and/or harassment for, or in connection with, any demand for dowry, section 113b, evidence act provides that the court shall presume that such person had caused the dowry death. of course, if there is proof of the person having intentionally caused ..... of residential homes and in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113a and 113b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has ..... ' and such husband or relative shall be deemed to have caused her death.explanation : for the purposes of this sub-section, 'dowry', shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall he punished with imprisonment for a term which shall not be .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-03-1992
Reported in : AIR1993All176
..... and also a stipulation by which a lessee is deprived of his right to apply for relief against forfeiture for breach of covenant (law of property act, 1925). section 28 of the indian contract act provides:'the consideration or object of an agreement is lawful, unless -- it is forbidden by law; or is of such a nature that, if ..... for the petitioners that the respondent no. 3 was occupying a public building at 27, mall road, delhi cantt. in his capacity as colonel in the indian army from which post he stood superannuated with effect from 3ist july 1982, and vacated his official residence on 30th sept. 1982. the application for release as stated ..... them and therefore, the application was legally not maintainable in the absence of joint tenants.9. the prescribed authority held that after his retirement from the indian army, the respondent-landlord required the building in question for occupation by himself and members of his family and also for business purposes in order to augment his income .....
Tag this Judgment!Court : Allahabad
Decided on : May-22-1992
Reported in : AIR1993All143
..... judgment, must be on relevant facts duly proved. the exceptions are the previleged communications. this is the court's power to interrogate. this is prescribed in section 165 of the evidence act, 1872.54. if the lawyer or the litigant refused to participate in inquiries by the court or refuses or expresses inability to respond to the court's ..... padma kumari devi is the mother of a retired air force officer and also the mother of a daughter who is married to the commander-in-chief of the nepal army, they may consider giving her medical care andnursing facilities until between this son and daughter, that is wing commander narendra pratap singh (retired) and nirmala rana, one ..... 27 of 1987 shall be forwarded by the registrar, high court, to the district judge, dehradun.66. the registrar, high court, will send a letter of request under section 77 of the code of civil procedure to nirmala rana, daughter of padmakumari devi, who appeared in this court on january 20 and 21, 1992, if she would be .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-08-1992
Reported in : [1992]197ITR383(All)
..... exempted from sales tax by the order of the sales tax authorities dated march 25, 1969. this was, therefore, a case falling within the scope of section 147(a).4. section 41(1) of the income-tax act provides :' 41. (1) where an allowance or deduction has been made in the assessment for any year in respect of loss, expenditure or trading ..... assessee had been exempted from sales tax by the sales tax authorities. as such, the income-tax officer invoked section 147(a) of the income-tax act and added the amount which had been earlier deducted by invoking section 41(1) of the act.2. the assessee appealed against the order of the income-tax officer but the appeal was dismissed. the second ..... m. katju, j.1. this is a reference which has come up before this court in pursuance of a reference order under section 256(1) of the income-tax act, 1961, made by the income-tax appellate tribunal, allahabad. the facts of the case are in a narrow compass. the assessee had claimed deduction of sales tax for the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-14-1992
Reported in : AIR1993All98
..... in view, of this finding, the view of the respondent no. 2 and confirmed by the respondent no. 1 that the suit was barred by section 49 of u. p. consolidation and holdings act was correct and does not call for interference under article 226 of the constitution of india.9. the last argument of the learned counsel for the ..... the proceedings. the learned counsel for the petitioner next contended that the finding of the respondents no. 1 and 2 that the suit was barred by section 49 of u. p. consolidation and holdings act was erroneous in law. the respondent no. 2 in detail considered regarding the entries made in the revenue records. he found that the entries in ..... respective shares and the plaintiffs have no share in the property in question in village thakurdwara. they further took the plea that suit was barred by section 49 of u. p. consolidation of holdings act and was also barred by limitation.5. the trial court by judgment dated 10-2-89 partly decreed the suit. he recorded a finding that .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-10-1992
Reported in : 1993CriLJ1220
..... the same ground was passed, has already been released after cancellation of his detention order of the same date passed by the district magistrate, lucknow under section 3(2) of the act. to be specific, in paragraph 19 of the writ petitions, the petitioners submitted that wahid's detention order was not confirmed by the advisory board though ..... point should prevail and in order to uphold the principles behind article 14 of the constitution of india and also to be given effect to sections 12 and 14 of the national security act.36. in view of the above discussion, this petition succeeds and is allowed. the continued detention of the petitioner is held bad and he ..... mere fact that the petitioner's detention is still continuing indicates that the representation has not met with success so far. this necessitates a look at sections 12 and 14 of the national security act :--12. action upon the report of the advisory board.(1) in any case where the advisory board has reported that there is, in its .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-26-1992
Reported in : 1993CriLJ2834
..... amounts to a confession or not; as relates distinctly to the fact thereby; discovered may be proved.'it is clear from the reading of section 27 of the evidence act that this section is based on doctrine of confirmation by subsequent facts. that doctrine is that where, in consequence of a confession otherwise inadmissible, search is ..... by way of confession made in police custody which distinctly relates to the fact discovered is admissible is evidence against the accused.39. no doubt, section 27 of the evidence act has frequently been misused by the police against an accused. court should be, therefore, vigilent about the application of the above provisions. the protection ..... the shoes and chunni belonging to his daughter guria.37. before appreciating the evidence on record it is necessary to point out the provisions of section 27 of the evidence act, which runs as under:'provided that, when any fact is deposed to as discovered in consequence of information received from a person accused of .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-18-1992
Reported in : 1993CriLJ938
..... ram v. state of assam : air 1978 sc 1095 : (1978 cri lj 844). in this case, the offence was alleged against the applicant falling under section 5(2) of the prevention of corruption act. the bail was granted by the sessions judge, but it was cancelled by the high court mainly for the reason that the appellant had simultaneously moved for ..... argument had been advanced before the supreme court that as two accused had been enlarged on bail the respondent should also be released. jagjit singh was a captain in the army. at the time of his arrest, he was employed in a delegation in india of a french company. the two other accused were employed in the ministry of defence ..... and army head quarters. it was alleged that they, in conspiracy, had passed on official secrets to a foreign agency. jagjit singh's application for bail was rejected by the sessions .....
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