Court : Mumbai
Decided on : Mar-29-2007
Reported in : IV(2008)BC183; 2007(4)BomCR761; [2008]142CompCas481(Bom)
..... as well as issues relating to the execution of orders and section 19(19) of the rdb act, empowers the debts recovery tribunal to order distribution of sale proceeds amongst secured creditors in accordance with the provisions of section 529a of the companies act, 1956. the supreme court held thus (page 82):thus, on questions of adjudication, execution ..... power conferred by section 394 all the creditors and the debts recovery tribunal as a judicial forum constituted under the rdb act will be bound to be sanctioned, it is submitted that the scheme has a force of law and the scheme as it stands will have to be enforced by the debts recovery tribunal.6. the ..... and 227 of the constitution) relating to matters specified in section 17. section 34 centers overriding effect upon the provisions of the act, notwithstanding anything inconsistent contained in any other law for the time being in force. in the decision in allahabad bank v. canara bank [2000] 101 comp cas 64 the supreme court held that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2007
Reported in : AIR2007SC1859; JT2007(6)SC482; 2007(6)SCALE621; (2007)5SCC161
..... soni, along with their firearms, sped away from the place of incident on the motorcycle. as soni sustained injuries, they decided to abandon the motorcycle. thereafter, they forced a rickshaw puller, who was passing by the road, to leave the rickshaw by frightening him with the firearms and they took it away. both of them kept the ..... inducement given to, a person who is voluntarily admitting his guilt. under section 25 of the indian evidence act, a confession made to the police officer is not admissible in evidence to be considered ..... procedure prescribed under section 15 of the tada act read with rule 15 of the tada rules is expected to be followed. any confession made in defiance of the safeguards provided therein, would not be relied upon by a court. the confession should be made voluntarily without there being any force or pressure put on, or allurement or .....
Tag this Judgment!Court : Delhi
Decided on : Sep-07-2007
Reported in : 2008CriLJ541
..... of the state government.(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government.(3) the state government may, by notification, ..... partner and even a buttress to the government to which he is opposed at the moments of danger, specially of foreign danger, and also in matters affecting the security and safety of the nation. he was, thus, to discharge dual responsibility, with fidelity.15. learned counsel submitted that same position would apply in respect of ..... admittedly public servants. the question of obtaining sanction arose in another context, namely, whether the offence alleged to have been committed was the one while acting or purporting to act in discharge of their official duty. in the present case, however, there is a dispute between the parties as to whether the petitioner, who was .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-10-2007
Reported in : 2007(6)BomCR156
..... government was directed to deposit 1/4th of the amounts awarded by the reference court within three months and the claimants were permitted to withdraw the same against the security and at the same time, the jnpt was ordered to be impleaded as the party to the proceedings. the appeals before this high court were disposed of ..... was a document 'jamin kharda' for the salt lands. the land was acquired for construction of road by the salt department as well as by the indian air force on payment of compensation and nobody had disputed their proprietary rights in the salt land acquired for the said purpose. he had been cultivating agricultural land at uran, in ..... circumstances of the case. besides, undisputedly, the salt works in question were opened prior to 1820 i.e. prior to coming into force of 1879 land revenue code and long before the government of india act, 1935. considering various provisions of law including the section 37 of 1879 code and considering the decisions of the apex court in .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-19-2007
Reported in : 2008(1)ALLMR360; 2007(5)BomCR726
..... a decree of eviction against the plaintiff, considering the relationship of landlord and tenant between the parties, in view of the provisions of bombay rent act, which was then in force, the suit would not be maintainable in this court. in the alternative, he submitted that in any case in view of the provisions of section ..... , where the supreme court has held that covenant of forfeiture of tenancy for non-payment of rent is merely a clause for securing payment of rent and unless the tenant has by his conduct disentitled himself to equitable relief the courts should grant relief against forfeiture of tenancy on the tenant ..... defendant first for consideration, the learned counsel appearing for the plaintiff urged several contentions including a contention based on provisions of section 144 of the transfer of property act. the learned counsel also relied on a judgment of the supreme court in the case of r.s. lala praduman kumar v. virendra goyal : [1969]3scr950 .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-13-2007
Reported in : (2007)3GLR2336
..... , or committed to prison in default of payment of fine or in default of furnishing security. section-17 of the act clearly stipulates that a proceeding under chapter-viii of the code ..... of criminal procedure is not competent against juvenile. section-18 of the act forbids any joint proceeding of juvenile and person not a juvenile. 30. the above ..... in relation to the juvenile as it deems fit. section-16 of the act however mandates that certain orders cannot be passed against juvenile. it says that notwithstanding anything to the contrary contained in any other law for the time being in force, no juvenile in conflict with law shall be sentenced to death or life imprisonment .....
Tag this Judgment!Court : Kerala
Decided on : Sep-17-2007
Reported in : 2007(3)KLJ734
..... 1981]1scr746 , union of india v. jyoti prakash : (1971)illj256sc . but, reasonable opportunity of hearing in a particular case will depend on circumstances of each case as decided in security guards board. bombay & thana v. s.& p. service pvt. ltd. : (1988)illj146sc . but, there cannot be any uniform formula or rigid rules. suresh koshy v. ..... view of the environmental problems created by indiscriminate mining of sand, in addition to the above, this act was also brought into force by the legislature. the objects and preambles of the act read as follows:an act to protect river banks and river beds from large scale dredging of river sand and to protect their ..... scale dredging of river sand also disturb the biophysical environment system of the river in different degrees;and whereas due to the executive regulatory orders in force, complaints have been received regarding the hardship to the employees engage in construction works;and whereas, in the public interest, it is expedient to provide .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jul-13-2007
Reported in : 2007(5)ALT639; 2008CriLJ402
..... good faith in compliance with a requisition under section 129 or section 130;(c) no officer of the armed forces acting under section 131 in good faith;(d) no member of the armed forces doing any act in obedience to any order which he was bound to obey, shall be deemed to have thereby committed an offence.(3) ..... public gaze.46. in the recent past, a handful of terrorists entered the premises of the parliament, when the session was in progress. they have killed some security guards and journalist, and were about to enter the parliament house. the c.r.p.f. jawans, and other armed personnel have taken positions and killed all ..... every country has sovereignty of its own. social scientists recognize four characteristics of sovereignty, viz; a) protecting the country from external aggression; b) maintaining internal peace and security; c) adjudication of disputes; and d) levy of taxes to meet the expenditure for administration. with the advent of the concept of welfare state, the activity of the .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-10-2007
Reported in : 2008(4)KarLJ303; 2008(1)AIRKarR594; AIR2008NOC829; 2008AIHC1435(Kar)
..... questioned by the plaintiff. it is therefore contended that the will dated 23.11.1968, the sale deed and the gift deed both dated 28.5.1981 have been secured taking advantage of the fact that late ramachandra kawatekar was not in a position to know as to nature of the document being executed by him. with regard to the ..... and he was also unable to talk clearly.3. in the suit, it was alleged that since plaintiff was married to one shankar jadhav who was working in air force and was being transferred from one place to another, defendants 1 and 2 colluded with each other to take complete benefit of the health condition of late ramachandra kawatekar. ..... below by examining the relevant witnesses who were available at. the time of consideration of the suit and such proof is in accordance with the provisions contained in the evidence act. the learned counsel would also refer to the exhibits marked in 'd' series to indicate that even though it is the case of the plaintiff that late ramachandra .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-10-2007
Reported in : ILR2007KAR3216; 2008(1)KarLJ482; 2007(2)KCCR1349; 2007(5)AIRKarR283; AIR2007NOC2236
..... and becomes a co-parcener, on accrual of that right by his birth in the family, that position is affected and modified by section 8 of the hindu succession act 1956. consequently, the property of the father who had separated from his family, on his death will be inherited and held by his sons in their individual capacity and ..... question of inheritance of immovable property. the supreme court has considered the principles of hindu law particularly in view of the change introduced by section 8 of the hindu succession act, 1956 and therefore this principle, which has been later affirmed by a decision of larger bench of the supreme court, is binding on all courts in india.16. ..... heirs with respect to whom no such concept could be applied or contemplated. it may be mentioned that heirs in class i of schedule under section 8 of the act included widow, mother, daughter of predeceased son etc.21. before we conclude we may state that we have noted the observations of mull's commentary on hindu law, .....
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