Court : Delhi
Decided on : Mar-05-2015
..... the year 2000 (end of august and early september) and were substituted for the original award lists after breaking open the sealed almirah. the acts highlighted above exhibit contrivance and brazen criminal misconduct, committed consciously to execute the ends of conspiracy. the argument on omission to obtain sanction is, ..... be taken up at the argument stage. however, it has been taken into consideration thereafter. admittedly, the certificate requirement under section 65b indian evidence act was not complied with. in absence thereof, the same is clearly inadmissible and is, therefore, eschewed from consideration.419. the other circumstance found incriminating ..... been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... fact been occasioned thereby. 296. corresponding provision in the code of criminal procedure, 1973 akin to the above highlighted provision comprised in the prevention of corruption act, 1988 is enunciated hitherto-fore :- 465. finding or sentence when reversible by reason of error, omission or irregularity. (1) subject to the provisions ..... comparison. 279. the specimen signatures having been taken prior to 2006, they were required to confirm to the mandate prescribed under section 73 indian evidence act. as sapan haldar (supra) rightly points out, any such specimen signatures taken even after so directed by the magistrate would be inadmissible except when ..... questioned during his cross-examination about his previous convictions or bad character (which is otherwise impermissible under law in view of section 54 of indian evidence act, 1872). therefore, proviso (c) sub-clause (iii) expressly contemplates reception of evidence by an accused against the co-accused, however in such cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-11-2015
..... industries ltd. and others vs.union of india and others, (1997) 5 scc536 a nine-judge bench of this court while considering the excise act and customs act held that the jurisdiction of the high court under article 226 and this court under article 32 though cannot be circumscribed by the provisions of the ..... that while [pic].exercising the power under article 226/article 32, the court would certainly take note of the legislative intent manifested in the provisions of the act and would exercise their jurisdiction consistent with the provisions of the enactment."15. in the judgments relied upon by shri vaidyanathan, which, by and large, reiterate ..... the tribunal in relation to service matters as follows: "section 14. jurisdiction, powers and authority in service matters.- (1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-2015
..... stage power of arrest is exercised by police, it will be contradiction in terms. as regards denial of opportunity to record confession under section 27 of the evidence act, it has to be kept in mind that admissibility of such confession cannot guide exercise of power of arrest. source of power of arrest is governed by ..... reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned. obviously, he is not expected to act in a mechanical manner and in all cases to arrest the [pic].accused as soon as the report is lodged. in appropriate cases, after some investigation, the investigating ..... documents being in custody of the accused could not be otherwise produced except on arrest in the course of investigation and in accordance with section 27 of the evidence act. option of proceeding under section 202, as against section 156(3), has to be exercised only when evidence has already been collected and what remained to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2015
..... infirm in any manner. section 79 and the information technology (intermediary guidelines) rules, 2011.112. section 79 belongs to chapter xii of the act in which intermediaries are exempt from liability if they fulfill the conditions of the section. section 79 states:"9. exemption from liability of intermediary in ..... advocates or teaches the duty, necessity or proprietary of violence as a means of accomplishing political, social or religious reform and/or justifies commissioning of violent acts with an intent to exemplify glorify such violent means to accomplish political, social, economical or religious reforms [whitney vs. california 274 us357; (vi) information ..... not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. the wide difference between advocacy and incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. in order .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2015
..... we hold that the second respondent has the right to register a cognizable offence against any person under the provisions of the ipc, crpc and the p.c. act. the same shall be legal and valid. the appeal is dismissed. the order dated 05.01.2015 granting stay of further proceedings shall stand vacated. ..................................................................j ..... but the same was registered suo-moto at the police station attached to the lokayukta and therefore, the procedure provided under the provisions of the lokayukta act was not required to be followed as contended by the learned senior counsel on behalf of the appellant. the learned senior counsel on behalf of ..... for not making the complaint within the period specified in those clauses. (3) in the case of any complaint involving a grievance, nothing in this act shall be construed as empowering the lokayukta or an upalokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied .....
Tag this Judgment!Court : Delhi
Decided on : Apr-21-2015
..... . according to pll, the commencement of commercial operations was delayed due to non-availability of coal which according to pll was not its obligation. pll states that gvk was unable to arrange the coal on account of its coal mine allocation being cancelled pursuant to the order of the supreme court and also on account of ..... advocates. coram: justice s. muralidhar judgement % 21.04.2015 1. punj lloyd ltd ( pll ) has filed these petitions under section 9 of the arbitration and conciliation act, 1996 ( act ) seeking interim reliefs against the respondent gvk power (goindwal sahib) ltd. ( gvk ). background facts 2. gvk was awarded a contract by the state of punjab for ..... the question that arose for determination was which court will have the jurisdiction to entertain and decide an application under section 34 of the arbitration and conciliation act?. in that case, an application under section 9 had been filed in the high court of calcutta. later an application under section 11 was filed also .....
Tag this Judgment!Court : Delhi
Decided on : Apr-27-2015
..... cited by the counsel for cci carving out a distinction between review and recall are of no avail. (zv) the existence of a provision in the competition act for penalizing the complainant / informant for making a misdealing / false statement leading to investigation being ordered cannot take away the right of the person / enterprise ..... and exceptional cases. (r) again, as aforesaid, cci can order/direct investigation only if forms a prima facie opinion of violation of provisions of the act having been committed. our constitutional values and judicial principles by no stretch of imagination would permit an investigation where say cci orders/directs investigation without forming ..... of hearing to the affected party; (ii) rajeev hitendra pathak vs. achyut kashinath karekar (2011) 9 scc541laying down in the context of consumer protection act, 1986 that tribunals are creatures of the statute and derive their power from the express provisions of the statute and that the district forums and the state .....
Tag this Judgment!Court : Delhi
Decided on : Apr-30-2015
..... wording of the price-escalation clause in the contract between the parties. the tribunal had calculated price-escalation based on the price of a certain grade of coal, whereas a different grade was actually being used at the time. the court held: but on account of apparent error in the award, the calculation ..... municipal or statutory agency or other authority, restrains, injunctions from any court of law, withdrawal of permissions, non-availability of construction materials strikes, fire or any act of god, as also the prevailing real estate market conditions or any other reason or cause whatsoever beyond and the reasonable control of the developer. all periods ..... the tribunal had failed to consider sections 73 and 74 of the contract act, and relevant precedents, in awarding damages. what is patent illegality has been clarified in subsequent cases. let us consider some of them. in hindustan coal ltd. vs friends coal carbonisation, (2006) 4 scc445 the court set aside an arbitral award which .....
Tag this Judgment!Court : Chennai
Decided on : Jun-24-2015
..... the university at aruppukkottai. a university syndicate sub- committee was formed by the university consisting of five members of the syndicate which in turn reported several acts of misconduct on the part of the respondent. on consideration of the said report, the syndicate placed the respondent under suspension. 5.the respondent's ..... following passage is apposite: ?.9.in masumsha hasanasha musalman v. state of maharashtra, air2000sc1876 this court has dealt with the application of the provisions of the act, 1989, and held that merely because the victim/complainant belongs to a scheduled caste or scheduled tribe, the same cannot be the sole ground for prosecution, ..... untrue and deceitful, and implies an intention to perpetrate some treachery or fraud. in jurisprudence, the word 'false' is used to characterise a wrongful or criminal act, done intentionally and knowingly, with knowledge, actual or constructive. the word false may also be used in a wide or narrower sense. when used in its .....
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