Court : Gujarat
Decided on : Sep-17-2007
Reported in : (2008)1GLR46
..... the panchnama as a panch in respect of recovery of muddamal tamancha. we do not find any substance or merit in the said submission. according to us, one witness can act in dual capacity.27. the prosecution has thereafter examined and relied upon the evidence of p.w. 24, kishorbhai umedsinghbhai, a.s.i., exh. 79, who started the investigation ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.12. in the case of jaipal v. state of haryana : 2002crilj4703 , the supreme court has held that merely because the accused could ..... and they have been acquitted by the learned j.m.f.c, devas in the case filed against them for the offences under sections 25 and 27 of the arms act by judgment and order dated 10-2-2000. however, they have neither produced any evidence nor did they examine any witness in support of their defence.2.11. on .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2007
Reported in : (2008)1MLJ270; 2007(5)CTC392
..... 10. we are unable to accept the submission that the bye-laws of a co-operative society framed in pursuance of the provisions of the act can be held to be law or to have the force of law. it has no doubt been held that, if a statute gives power to a government or other authority to make rules, ..... and ors. etc. v. additional industrial tribunal, andhra pradesh, hyderabad and ors. etc.) that bye-laws of a co-operative society framed in pursuance of the provisions of the act cannot be held to have the force of law, it will have to be held that the same would not in any way impinge upon the specific provision contained under the ..... of the society are similar in nature to the articles of association of a company incorporated under the companies act and therefore, it has no force of law. similarly, comparison was also made with the standing orders under the industrial employment standing orders act, where again, it was held that though such standing orders are binding on the employer and employee .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-22-2007
Reported in : 2007(3)ALLMR462; 2007(3)BomCR98; (2007)109BOMLR559; [2007]79SCL583(Bom)
..... transfers and assignments of life insurance policies have been framed to deal with such kind of transfers and assignments, as life insurance policies are securities under the public debts act.the petitioners comparison with conditions prevailing in other countries is totally unwarranted and unjustified in fact and in law. the 1st respondent is incorporated as ..... it is submitted by the 1st respondent corporation, that life insurance policies issued by the 1st respondent are a measure of social security. under section 26 of the l.i.c. act, once in every two years an investigation has to be carried out by actuaries into the financial condition of the corporation and ..... into the life insurance act, and coming into force of the insurance regulatory act, business of life insurance can be carried on by any company or corporation in terms of the insurance regulatory act. it cannot, therefore, be said that the policies issued by respondent no. 1 are as a measure of social security.10. we will now .....
Tag this Judgment!Court : Delhi
Decided on : Mar-22-2007
Reported in : 140(2007)DLT698
..... of a citizen to live under article 21 casts obligation on the state. this obligation is further reinforced under article 47, it is for the state to secure health to its citizen as its primary duty. no doubt the government is rendering this obligation by opening government hospitals and health centres, but in order to make ..... regulations which inter alias may be framed having regard to public interest and national interest. in the said judgment, it was observed (vide para 56) that economic forces have a role to play in the matter of fee fixation. the institutions should be permitted to make reasonable profits after providing for investment and expenditure. however, ..... other.48. no doubt, the lease deed contained a specific clause, clause no. (xi) which reads as under:this lease is granted under the government grants act, 1895 (act, xv of 1895)49. on the strength of this clause, the hospitals want to totally dilute the bindingness of their representations, terms and conditions of the letter .....
Tag this Judgment!Court : Delhi
Decided on : May-17-2007
Reported in : 2007(96)DRJ167
..... he also admitted that the house was unlocked and was open. according to him, the wall was not broken but the tizori was opened by all by applying force. investigating officer has also proved the recovery of stolen articles. 43. the stolen articles as per the seizure memo ex.pw9/a have been identified by shri gurmeet ..... :furthermore, the specimen fingerprints of the appellant were not taken before or under the order of a magistrate in accordance with section 5 of the identification of prisoners act. this is another suspicious feature of the conduct of investigation. it has not been explained why this magistrate was kept out of the picture.65. learned trial ..... part of information gets denuded of the wrapper of prohibition and becomes admissible. it is relevant that to attract the provision of section 27 of the evidence act prosecution has to establish that the information given by the accused led to the discoveries of some fact which the police had not previously learnt from other sources .....
Tag this Judgment!Court : Chennai
Decided on : Oct-12-2007
Reported in : 2007(5)CTC513; (2007)6MLJ128
..... is claimed to have been transformed into absolute estate under this particular section, was at least in such possession, taking the word `possession' in its widest connotation, when the act came into force, the section would not apply.and added : (scr p. 978)in our opinion, the view expressed above is the correct view as to how the words `any property ..... restrict her right. it was in that context that this court held that it was a case where tulasamma possessed the property on the date of the coming into force of the act as a limited owner having acquired the same by virtue of a compromise and in the light of the explanation to sub-section (1) of section 14, it ..... the nature of a proviso or exception to section 14(1) and the said section 14(2) is applicable only if the acquisition arose for first time after the act came into force without there being any pre-existing right. the supreme court has held in the said earliest judgment as follows:6. the point for our consideration is narrowed down .....
Tag this Judgment!Court : Delhi
Decided on : Jul-17-2007
Reported in : 142(2007)DLT573; II(2007)DMC374; 2007(97)DRJ124
..... application filed under order 9, rule 13, civil procedure code had become infructuous. in fact, it would be adding premium to the act of the person who secured the ex parte decree. it would otherwise be against the public policy that a person who secured the benefit under an ex parte decree is permitted to continue with the benefit of the ex parte decree if ..... years of passing the ex parte decree. he admitted that he had not mentioned regarding the decree of divorce in his revision petition in the high court. i find considerable force in the contention of the learned counsel for the appellant that form f of delhi high court rules was not filled in by the appellant which at para 10 clearly ..... are devised to support. now i turn to the facts of the instant appeal, where the wife/appellant seeks to pick a quarrel with her husband's/ respondent's securing an ex parte divorce decree against her. the respondent moved a petition for dissolution of marriage under section 13(1)(i-a) of hindu marriage .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-2007
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... or(i) has failed to carry out or observe any of the terms and conditions of the license or lease or the provisions of the acts or rules in force thereunder, subject however, to article 31.74. the description of contract area is provided in appendix 'a' with map, accounting procedure to ..... the government plays a very dominant role in every aspect of discovery, development, production, sharing of petroleum, taxes, royalties, valuation, natural gas, accounting, inspection, security, guarantee etc. including domestic supply, sale, disposal of crude oil and condensate. any breach would result into termination of the contract in so far as the respondents ..... such scheme always means exigencies of the particular business, an insightful and unanimous or majority decision of the shareholders, board of directors, experts, creditors, secured or unsecured, within the frame work of law and government policy. the judicial review of such commercial aspects is impermissible specially at this stage of .....
Tag this Judgment!Court : Delhi
Decided on : Oct-22-2007
Reported in : 2007(99)DRJ366
..... these set of orders are challenged as recording statements which were allegedly not made or made under compulsion, of circumstances.3. with the enactment and coming into force of the act, offences under section 135 read with section 151 were created. the said provisions read as follows:135. theft of electricity - (1) whoever, dishonestly-(a) ..... the electricity companies, in the garb of granting bail. the same considerations which weigh with courts in granting or refusing to grant bail, i.e to secure the presence of the accused, and prevent his influencing the proceedings, should weigh with the special courts; imposing conditions for liberty, while granting bail, unless justified ..... a condition for bail, without considering the defense of the accused. the direction to pay amounts in these circumstances has no nexus with the object of securing the presence of the accused or ensuring that he does not hamper investigation. there is no investigation in such cases; the procedure being a summary .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-20-2007
Reported in : 2008(3)MhLj233
..... during the course of any business activity undertaken by the bank or the financial institution or the consortium under any law for the time being in force, in cash or otherwise, whether secured or unsecured, or assigned, or whether payable under a decree or order of any civil court or any arbitration award or otherwise or under a ..... to entertain and decide applications from the banks and financial institutions for recovery of the debts due to such banks and financial institutions. section 18 of the drt act says that on and from the appointed date, no court or other authority shall have or be entitled to exercise any jurisdiction, powers or authority in relation to ..... that any contractual relationship existed between the plaintiff and defendant no. 5, the claim was time barred. as per rule 30 of schedule ii to the carriage by air act, 1972, which incorporates article 29 of the warsaw convention of 1929, as amended, to which india is a signatory, the right to recover damages from the carrier .....
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