Court : Rajasthan
Reported in : [2007]135CompCas507(Raj); [2007]75SCL453(Raj)
..... similarly the statement of account of bank is not reliable as the same is not verified as per the bankers' books evidence act. ..... the direction of this hon'ble court under the provisions of the companies act (1 of 1956) and the official liquidator, attached to the rajasthan high court, jaipur, be appointed liquidator of the respondent-company to take charge of all the assets, properties and records of the respondent-company with all powers under section 457 of the companies act (1 of 1956) to be exercised under section 458 of the said act without the section and intervention of this hon'ble court save and except ..... it is averred in the petition that the respondent-company is a private limited company incorporated under the provisions of the act having its office at h-1-e, ashirwad complex, 1st floor, transport nagar, jaipur. ..... the loan and interest, provided by the petitioner to respondent-company, the petitioner gave a statutory notice to the respondent-company under sections 433 and 434 of the companies act, 1956 (for short 'the act'), demanding loan amount with interest but the respondent-company failed to make payment within statutory period, as a result of which the petitioner was led to file the instant company petition for winding up under sections 433 and 434 of the ..... (ii) if the debt is bona fide disputed, there cannot be 'neglect to pay' within the meaning of section 433(1)(a) of the act and petition for winding up is not maintainable. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2007(1)Raj756; [2007]76SCL370(Raj)
..... statement of account of bank is not reliable as the same is not verified as per banker books of evidence act. ..... the direction of this hon'ble court under the provisions of companies act (1 of 1956) and the official liquidator, attached to the rajasthan high court jaipur be appointed liquidator of the respondent company to take charge of all the assets, properties and records of the respondent company with all powers under section 457 of the companies act (i of 1956) to be exercised under section 458 of the said act without the section and intervention of this hon'ble court save and ..... in the petition that the respondent company is a private limited company incorporated under the provisions of the act having its office at h-1e, ashirwad complex, 1st floor transport nagar jaipur. ..... repay the loan and interest, provided by petitioner to respondent company, the petitioner gave a statutory notice to the respondent company under sections 433 and 434 of the companies act, 1956 (for short 'the act'), demanding loan amount with interest but the respondent company failed to make payment within statutory period, as a result of which the petitioner was led to file instant company petition for winding up under section 457 and 458 of the ..... therefore the petitioner sent a notice under section 433 and 434 of act on november 30, 1999 and another notice on december 31,1999.the notices of petitioner were replied by the respondent company vide letter dated february 4,2000 mentioning that there was .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ2151; RLW2006(1)Raj653; 2006(2)WLC214
..... .(3) nothing in this section shall be deemed--(a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872), or the bankers' book evidence act, 1891 (13 of 1891) or(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the ..... by the court; but, if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case may be, of the indian evidence act, 1872 (1 of 1872) shall apply.10. hence, the code imposes a duty on the police to maintain a case diary of the particular case ..... the court is of the opinion that the prosecution has withheld vital, relevant and admissible evidence from the court, it can legitimately use its power under section 91 of the code to discover the truth and to do complete justice to ..... the prosecution has used the loophole in the law, in the garb of using the power and section 173 of the code, to withhold those documents, which weaken their case against the ..... harmonious interpretation of the two provisions would be that sub-section (6) of section 173 does not curtail the power of the court under section 91 of the code ..... . 1981 rcc 218 this court held that, 'the power given under section 91 of the code is a general and wide power which empower the court, the production of any document or any other thing at any stage of any investigation, inquiry or other .....
Tag this Judgment!Court : Rajasthan
Reported in : 2006CriLJ3873; RLW2006(3)Raj2217; 2006(4)WLC296
..... --(a) to affect, sections c and 124 of the indian evidence act, 1872(1 of 1872) or the bankers, books evidence act, 1891 (13,of 1891), or(b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the custody of the postal or telegraph authority.12. ..... they are referred to by the court; but, if they are used by the police officer who made them to refresh his memory, or if the court uses them for the purpose of contradicting such police officer, the provisions of section 161 or section 145, as the case maybe, of the indian evidence act, 1872, shall apply.13. ..... meanwhile, the second part of the section does place a limit on the power of the court to summon document which fall under sections 161 and 124 of the evidence act. ..... while interpreting the provisions of the code and of the evidence act, the constitution mandate has to be borne in mind.9 ..... the validity of any such objection shall be decided on by the court.the court, if it sees, fit, may inspect the document unless it refers to matters of state, or take other evidence to enable it to determine on its admissibility.section 165, judge's power to put questions or order production- the judge may, in order to discover or to obtain proper proof of relevant facts, ask any question he pleases in any form, at any time, of any witness, or of the parties about any fact relevant or ..... to read section 172 (3) as limiting the power of the court under section 91 is to do violence to the language of both the provisions. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992(2)WLC48; 1992(2)WLN454
..... 1 urged that the learned trial court failed to take into consideration the provisions of section 4 of the banker's books evidence act, and further that it misconstrued the provisions of order 8 rule 10, cpc and thereby it erred in holding that presumtion could be drawn against the defendant of admitting the claim of the plaintiff in the absence of any written statement on ..... there has to be further evidence to prove payment of the money which may appear in the books of account in order that a person may be charged with liability thereunder, except where the person to be charged accepts the correctness of the books of account and does not challenge them.the original entries alone under section 34 of the evidence act would not be sufficient to charge any person with liability and as such copies produced under section 4 of the banker's books evidence act obviously can not charge ..... bank (supra), copies produced under section 4 of the banker's banker's books evidence act even obvisously cannot charge any person with ..... however, though section 4 of the banker's books evidence act gives a special privilege to banks and allows certified copies of their accounts to be produced by them and those certified copies become prima facie evidence of the existence of the original entries in the account and are admitted as evidence of matters, transactions and accounts therein, but such admission is only where, and to some extent as, the original entry itself would be admissible by law and not futher .....
Tag this Judgment!Court : Rajasthan
Reported in : 1974WLN(UC)250
..... were recovered from the house of uda at the latter's instance in pursuance of his information recorded under section 27 of the evidence act by mohan lal, station house officer on 10th november, 1971. ..... appellants merely denied the recovery of these articles at their instance & in consequences of their information recorded under section 27 of the evidence act. ..... and a bag were recovered from the house of gopiya in pursuance of his information recorded under section 27 of the evidence act. ..... 5 was a fracture of mitha lal's mandible bone the evidence of mitha lal is further corroborated by the testimony of midhu lal, who (sic) seen him bare footed having injuries on his mandible, head and back, outside village giloond although both the appellants were ..... the trial court rightly believed the evidence relating to the recovery of these articles and their identification by the identifying ..... there is, therefore, cogent and unimpeachable evidence on the record from the side of the prosecution that both the appellants robbed mitha lal of his money, thela, pair of shoes and letters and there at the time of committing robbery uda ..... this type of oral evidence is not sufficient to prove alibi set up by the accused-appellants especially when there is reliable prosecution evidence on the record that the two appellants had committed the offence of robbery at the time and place alleged by the prosecution. ..... the prosecution has further led evidence to prove that on the date of the occurrence at about 6 or .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj65
..... acknowledgment of a debt exceeding twenty rupees in amount or value, written or signed by, or on behalf of a debtor in order to supply evidence of such debt in any book (other than a banker's pass-book) or on a separate piece of paper when such book or paper is left in the creditor's possession: provided that such acknowledgment does not contain any promise to pay the debt or any stipulation to pay interest or to deliver any goods or other property -- one ..... it is also clear from the provision of section 35 that such a document, if not stamped, cannot be admitted in evidence.the trial court has held it admissible because, in its opinion, the document is covered by the proviso of the said article which says that if an acknowledgment contains any promise to pay a debt, or any-stipulation to pay interest ..... be point-ed out that in that case the money-lenders were convicted by the district magistrate under section 61 of the stamp act and section 109 of the i. p. c. ..... mere acknowledgments of a debt written in order to supply evidence thereof and, there--fore, they were chargeable with stamp of one anna according to schedule 1 article 1 of the stamp act. ..... a balance is struck and over and above that interest is fixed or there is a promise to pay interest then there is a promise to pay within the meaning of section 25(3), contract act. ..... it would be proper to reproduce here schedule i article 1 of the same act because the decision of the question involved hinges upon the interpretation, of its .....
Tag this Judgment!Court : Rajasthan
Reported in : 1965CriLJ702
..... 16 would have been admissible against madhodass as his admission under section 18 or 21 of the evidence act but not against bhanwarlal because at the time the statement was made by him he had no interest left in the property.10 ..... there can be no doubt that even though the [stolen property in its original shape was not before the court, it had power under section 517 read with the explanation to order restoration of the gold ingot if it found that it had been converted from the ornaments which had been stolen ..... it may be mentioned that all the 15 persons from whom gold ingots were recovered had made entries in their account books regarding the purchase of gold ornaments from madhodass and the latter had also put his signatures below those entries, madhodass was prosecuted under sections 457 and 380 of the indian penal code.4. ..... 3) exactly tallied with that entered by the purchasers in their respective account books, that madhodass entered into these transactions in his real name as well as in false names, that madhodass had still in his possession some stolen ornaments, that one of the purchasers had not melted the ornament ..... the details of the ornaments purchased as given in their books under the signatures of the accused do show that the ornaments were similar and identical to those mentioned in the list ex ..... he also produced entry from his account book relating to this transaction marked ex. p. ..... p.5, the entry of his book, were sold to him by the accused in exchange of 46 gold ' .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1952Raj20
..... to a ponce officer or some other person while the accused is in police custody, is not admissible in evidence, 'vide' sections 25 & 26 of the evidence act. ..... however, be said that the portion that he could recover the ornaments from his house is relevant under section 27 of the evidence act. 12. ..... the learned government advocate, however, argued that there was some other evidence besides the recovery of the ornaments in question and this evidence was that of ummed and chhuttan who had deposed that the deceased was seen in the company of the accused at about 1 in the afternoon on the ..... it was argued by the learned counsel for the appellant that there was no satisfactory evidence to prove that the ornaments in question were the property of amzat or were stolen ..... the only portion of the statement, which can be read in evidence, is that the appellant stated that the ornaments were in his house and that he ..... statement has been attempted to be proved by the evidence of the sub-inspector sohanlal and two witnesses ummed ..... learned sessions judge himself has not relied on this evidence and has based his conviction only on the evidence about the recovery. ..... the accused was ultimately challaned under sections 302 & 392 of the indian penal code in the ..... moreover, even if the prosecution evidence is believed the only thing which is proved is that the appellant recovered the ornaments in question from a thatch meant for tethering cattle of the family of the accused which consisted of several members .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(4)Raj2879; 2009(3)WLN219(1)
..... jain from the disciplinary enquiry failed to produce him as witness and, therefore, an adverse inference as envisaged under section 114 of the indian evidence act ought to have been drawn against the respondent-bank. ..... the payment through the bank account and according to the respondent-bank, for making the payment in cash of the banker's cheque amount was in violation of para 30 chapter viii of the banks book of instructions and that act said to be gross negligence and carelessness, alleged to have been displayed by the petitioner as mentioned in the two charges stating therein that such an alleged act of the petitioner exposed the respondent-bank to a serious financial risk/loss for rs. ..... (supra), while considering the provision of industrial disputes act, 1947, the hon'ble supreme court held that the provision of article 137 of the schedule to limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ground of delay ..... chopra (supra) wherein the hon'ble supreme court held that the disciplinary authority is the sole judge of facts and in case an appeal is presented to the appellate authority, the appellate authority has also the power/and jurisdiction to re-appreciate the evidence and come to its own conclusion, on facts, being the sole fact finding authorities. ..... according to learned counsel for the petitioner, the appellate authority is also equipped with the powers to take additional evidence. .....
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