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Ranjit Singh Vs. State

Court : Delhi

Reported in : 1997VAD(Delhi)689; 69(1997)DLT188

..... witnesses are not necessarily false witnesses, though the fact that those witnesses have personal interest or stake in the matter must put the court on its guard that the evidence of such witnesses must be subjected to dose scrutiny and the- court must assess the testimony of each important witness and indicate the reasons ..... nirankari baba gurbachan singh that was whipped up by sant jarnail singh bhinderwala and his followers. the trial court has also held that after 13th april, 1978 episode, sant bhinderwala made several rabble rousing speeches against nirankar is and exhorted killing of baba gurbachan singh. the trial court has also held that the ..... not start with the presumption that the fir was false or fabricated. on the contrary, there is a presumption under section 114 illustration (e) of the evidence act that official acts have been regularly performed. moreover, in arumugam solathirayar v. ponnalagu pandarar and others, 1958 cri. l.j 385, bhopat singh kishan singh v. the state of .....

Baburao Vishwanath Mathpati and Etc. Vs. State of Maharashtra and Othe ...

Court : Mumbai

Reported in : AIR1996Bom227; 1996(3)BomCR15; (1996)98BOMLR384

..... , however, mention that it is, therefore, appropriate to refer to the decision of the supreme court in mohinder singh v. chief election commissioner, : [1978]2scr272 :'the second equally relevant matter is that when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons ..... supersession of the municipal council by appointing an administrator. there the word 'misconduct' has been interpreted to mean 'gross misconduct'. section 55a of the act no doubt confers power on the state government to remove the president on account of 'misconduct, neglect of duties, incapacity to perform duties and disgraceful ..... , the divisional commissioner and the regional director or municipal administration as well as the resident deputy collector are the authorities under the maharashtra municipalities act to make the reports to the state government as regards the state of affairs prevailing in the concerned municipal council against whom inquiry is directed .....

Jyotendrasinhji Vs. S.i. Tripathi and Others

Court : Supreme Court of India

Reported in : AIR1993SC1991; (1993)111CTR(SC)370; [1993]201ITR611(SC); JT1993(2)SC664; 1993(2)SCALE408; 1993Supp(3)SCC389; [1993]2SCR938

..... us on behalf of the applicant he had stated that although according to the gujarat high court's decision in the case of smt. kamalini khatau : [1978]112itr652(guj) the income of a discretionary trust is assessable only in the hands of a representative assessed and not in the hands of the beneficiaries, he would ..... upon certain other circumstances including the manner in which the accounts of these trusts were maintained in support of their opinion that all concerned with the trusts, acted on the basis that the trust income was flowing to the settlor, and after his death to the appellant. the commission also referred specifically to similar ..... impugned orders, several benefits have been conferred upon the settlor and the appellant like waiving of penalties, interest and other liabilities attaching to the assessees under the act. while accepting the same, the appellant cannot be allowed to disown those features of the order which go against him.(iii) the argument of not receiving the .....

State (N.C.T. of Delhi) Vs. Navjot Sandhu @ Afsan Guru

Court : Supreme Court of India

Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600

..... transact parliamentary business, with the obvious idea of imperilling their safety and destabilizing the functioning of government and in that process, venturing to engage the security forces guarding the parliament in armed combat, amounts by all reasonable perceptions of law and common sense, to waging war against the government. the whole of this well ..... -incrimination, to police examination and custodial interrogation and takes in suspects as much as regular accused persons'. the observations in m.p. sharma v. satish chandra : 1978(2)elt287(sc) to the effect that 'the protection afforded to an accused insofar as it is related to the phrase 'to be a witness' is not ..... siege of parliament house or such other act of grave consequences to the government and the people is much more reflective of the intention to wage war rather than an attack launched against a battalion of armed men guarding the border or vital installations. another point urged by mr. ram jethmalani is that no violence .....

Bank of Baroda Vs. Nadiad Machinery and Electrical Merchant Credit Co- ...

Court : Gujarat

Reported in : (2004)1GLR50

..... the cooperative societies/cooperative banks could be aware of the fact that nationalized banks do not pay such commission. they should have been, therefore, put on guard. according to the cooperative societies/cooperative banks they were advised by the intermediaries/banks that there are large industrial units in surat which are in need of ..... high court cannot appoint an arbitrator to decide the disputes between the parties as a delegate of the court. they have also placed reliance on air 1978 sc 1263 and air 1988 ker. 233 for contending that the banks are not liable for the frauds committed by their officers/employees.6.3 interim ..... the appellant banks themselves have filed complaints against their own officers and have also suspended them and issued chargesheet in departmental inquiries, stating that those officers acted fraudulently, the appellant banks cannot be exonerated of their vicarious liability by making allegations against office bearers of co-operative banks or societies.24.3 mr .....

Syndicate of the Press of the Universtiy of Cambridge on Behalf of the ...

Court : Delhi

..... madras 391) 3. university of london press ltd. v. university tutorial press ltd. (1b ipr 186) 4. r.g. anand v. delux films (air 1978 sc 1613) 10. it was argued by the learned counsel for the respondents that the subject work of the appellant lacks originality and therefore, was not entitled to ..... robbing one of the primary objectives of copyright law (promotion of creativity) of vitality, thereby stifling intellectual growth. interestingly, section 3 (k) of the patents act, 1970 explicitly denies any form of patent protection to a mathematical method or algorithms. prima facie, parliament could not have intended that innovations such as new mathematical ..... requirements for perfecting a copyright have changed over the years, the process has always begun when an author generates an original expression. the 1909 copyright act required an author seeking protection to attach notice to any distributed copies of his or her work. moreover, the author could not initiate an infringement action .....

Santosh Singh and ors. Vs. Ram Chandra Sah and ors.

Court : Patna

..... the ground that remedy of appeal is not an effective remedy but is only an empty formality and observed as follows at page pat 347 & 348; of air 1978 : 'judged in the light of the aforesaid propositions, it is manifest that, where an application under order ix, rule 13 has been dismissed for default, merely ..... suit under this section shall follow the practice and procedure of a court of small causes including the recording of evidence. chapter iv of the provincial small cause courts act provides practice and procedure. section 17 falling under the said chapter is as follows : 'application for the code of civil procedure- (1) the procedure prescribed ..... relief due to delaying tactics adopted by the tenant. the legislature being conscious of the aforesaid situation for the first time introduced section 14 in the present act prescribing special summary procedure for disposal of the eviction suit filed by the landlord for eviction of the tenant on the ground of personal necessity as mentioned .....

Shri Qucxova Sinal Cundo, Through His Power of Attorney Shri Naraina S ...

Court : Mumbai

Reported in : 1998(2)BomCR87

..... statement, that the government was restrained from treating the concessions as leases. as taxes were still sought to be collected another writ petition 31 of 1978 was filed. by judgment dt. 22nd november 1983, following the earlier judgment. government was restrained from recovering royalty and directed to refund royalty illegally ..... made on compensation are irrelevant. he submitted that even under the concessions the petitioners had no proprietory rights. he submitted that the said impugned act was not providing for acquisition but for extinguishment or modification of rights accruing by virtue of agreements, lease or licence for purpose of searching for ..... another, etc. : air1995sc142 . in this case, the constitutional validity of the bombay land revenue code and the land tenure abolition laws (gujarat amendment) act was challenged. in this case the appellants were the successors of certain brakhalidars and girasdars. the facts were that erstwhile saurashtra state had consisted of 220 .....

The Goa Judicial Officers' Association Vs. the State of Goa and Ors.

Court : Mumbai

Reported in : 1997(4)BomCR372

..... with the grievance of its members and maintain a writ petition unless a statute provides for such a right as has been done by trade union act, motor vehicles act, industrial disputes act etc. therefore, we have no hesitation to uphold the contention of mr. kakodkar that this petition is not maintainable at the instance of the ..... nothing illegal in adopting such a procedure.33. the supreme court of india in its decision in state of uttar pradesh v. batuk deo pati tripathi and another 1978 lab.i.c. 839, in para 9, observed, thus:'9. ..... but though the control over subordinate courts is vested institutionally in the high courts by article ..... community or disadvantaged groups and individuals or public interest by permitting any person, having no personal gain or private motivation or any other oblique consideration but acting bona fide and having sufficient interest in maintaining an action for judicial redress for public injury to put the judicial machinery in motion like actio popularise of .....

Baba Associates Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1994KAR28

..... the aforesaid judgment of the learned judge was confirmed by a division bench of this court (see sh vajeshankar vasudev and co. v. assistant commissioner of commercial taxes [1978] 42 stc 353). we respectfully concur with the view expressed by venkataramiah, j., in the aforesaid decision, especially when it is supported by the decision of the ..... baba associates, has challenged the order dated november 30, 1990, passed by the karnataka appellate tribunal, bangalore, under section 22(6-a) of the karnataka sales tax act, 1957 ('the act' for short). by the said order, the tribunal has rectified its earlier decision rendered on october 4, 1985, in s.t.a. no. 1340 of 1983. ..... position, therefore, it cannot be said that rectification application moved by the revenue, on the grounds raised, was not maintainable under section 22(6-a) of the act. the second point is therefore answered against the petitioner. point no. 3. 21. now is the stage for consideration of the merits of the impugned order in .....