Court : Supreme Court of India
Decided on : Jan-10-2006
Reported in : AIR2006SC811; 2006(2)ALD10(SC); 2006(1)AWC940(SC); 101(2006)CLT758(SC); 2007(1)CTLJ196(SC); JT2006(1)SC287; 2006(1)KLT466(SC); 2006(2)MhLj769; (2006)1MLJ124(SC); 2006(2)MPH
..... where the plaintiff had sued only for accounts, paying court fee on a mere rs. 1,000/- under section 35 of the court fee act. the prayer in the suit is for recovery of rs. 2 lakhs towards the value of the work done with an additional prayer for ..... .3. the appellant valued the suit, for the purposes of court fee, as follows, under the kerala court fees and suits valuation act, 1959 ('cf act' for short) and paid court fee accordingly:__________________________________________________________________s. no. relief valuation cf paid__________________________________________________________________(a) relief (i) under section 35 of rs. ..... 2,00,000 rs. 19,980cf act(b) relief (ii) under section 22 of rs. 1,000 rs. 100c.f. act(c) relief (iii) under section rs. 300 rs. 3025(d)(ii) of the act__________________________________________________________________total rs. 2,01 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-26-2006
Reported in : AIR2006SC2844; 2006(4)AWC3255(SC); [2006(110)FLR837]; [2006(4)JCR190(SC)]; JT2006(6)SC590; (2006)IIILLJ523SC; 2006(7)SCALE386; (2006)9SCC643; 2006(2)LC961(SC)
..... . it was urged that in view of rule 15(4)(ii) of the 1993 rules, as pension and commuted value thereof are only governed by the pensions act, 1871, the matter relating to payment of gratuity could not have been brought within the purview of the 1993 rules. as pension and gratuity are not bounties, the ..... constitute any binding precedent. the tribunal and consequently the high court, therefore, committed a manifest error in holding otherwise.submission of mr. banerjee that if the 1972 act applies to an establishment belonging to a railway company and the persons specified in section 2(f) are the employers, despite exclusion of railway servants governed by the ..... placed by mr. banerjee, was considering a case of casual labour. indian railway administration although was held to be an establishment within the meaning of the 1972 act, it was clearly stated that where the person was employed in railway administration as casual labourer on wages not exceeding rs. 1000/- per mensem and was holding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-18-2006
Reported in : AIR2006SC3248; 2006CriLJ4618; II(2006)DMC500SC; [2007(1)JCR313(SC)]; JT2006(12)SC55; 2006(II)OLR(SC)742; 2006(9)SCALE378
..... offences indicated were under sections 498a, 304b read with section 34 of the indian penal code, 1860 (in short the 'ipc') and section 4 of the dowry prohibition act, (in short 'the act') respondent no. 2-bimal was arrested on 3.10.2005. rest of the accused persons were found to be absconding and police having failed to arrest them in spite ..... ), sunil (brother-in-law) the respondent no. 2 in the connected appeal under sections 498a, 304b, 302, 406 read with section 34 ipc and section 4 of the d.p. act. the prosecution made a further prayer to permit investigation in terms of section 173(8) cr.p.c. since some of the accused persons were still absconding and were not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC1800; 128(2006)DLT801; JT2006(4)SC328; RLW2006(3)SC2042; 2006(4)SCALE161; (2006)4SCC265; 2006(3)SLJ54(SC)
..... of the evidence act and section 162 of the code of criminal procedure. 23. the ..... 2(n) of the code to mean:(n). 'offence' means any act or omission made punishable by any law for the time being in force and includes any act in respect of which a complaint may be made under section 20 of the cattle-trespass act, 1871 (1 of 1871).22. the said definition would apply, thus, both to section 25 ..... submit that the tribunal and consequently the high court committed a manifest error in arriving at the aforementioned findings inasmuch the embargo contained in section 25 of the evidence act and section 162 of the code of criminal procedure are not applicable in the departmental proceedings. it was submitted that the tribunal further committed an error in opining .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2006
Reported in : 2007(2)ALLMR(SC)927; (2007)1CALLT102(SC); I(2007)DMC105SC; JT2006(10)SC288; (2007)148PLR76; 2006(11)SCALE313; (2007)2SCC220
..... the preconditions of such claim have not been laid inasmuch as a petition to that effect has not been filed under section 13b of the hindu marriage act, 1955 (the act) before the first matrimonial court, and that the statutory period of 6 months has not even commenced. be that as it may, it stands established beyond ..... : [1997]2scr875 , this court while dealing with a matrimonial matter quoted few excerpts from the seventy-first report of the law commission of india on the hindu marriage act, 1955 - 'irretrievable breakdown of marriage' - dated 7.4.1978. we deem it appropriate to reproduce some excerpts from the said report as under:irretrievable breakdown of ..... that matrimonial suit no. 437 of 2002 titled as 'kajal kumar ghosh v. sanghamitra ghosh' filed by the respondent-husband under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights and pending in the court of district judge, barasat be transferred to the court of competent jurisdiction at bangalore.4. this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-2006
Reported in : AIR2006SC2622; 2006CriLJ3621; II(2006)DMC334SC; JT2006(6)SC619; 2006(4)KLT460(SC); 2006(4)MPHT327; 2006(7)SCALE79; (2006)6SCC277
..... shall be deemed to have caused her death.explanation.--for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to ..... offences. the meaning of the term is not 'must be punished' but 'may be punished' or 'liable to be punished.10. while dealing with a case relating to punjab borstal act, 1926, this court held that a person convicted under section 302 ipc and sentenced to life imprisonment is not entitled to benefit of section 5 of the said ..... act as offence of murder is punishable with death. (see sube singh and ors. v. state of haryana and ors. : 1989crilj297 .11. where minimum and maximum sentences are prescribed both are .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : AIR2006SC2855; 2006CriLJ4070; II(2006)DMC368SC; [2006(4)JCR215(SC)]; JT2006(7)SC490; 2006(8)SCALE210; (2006)10SCC115
..... it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is relevant for invoking section 304b ipc and section 113b of the evidence act. (see also: dhian singh and anr. v. state of punjab : (2004)7scc759 , sarojini v. state of m.p. : 1993crilj1648 , state of karnataka v. m.v. ..... community can be more deterrent, yet legal sanctions in the form of its prohibition and punishment are some steps in that direction. 32. the dowry prohibition act, 1961 was enacted for this purpose. the report of the joint committee of parliament quoted the observation of our first prime minister pt. jawaharlal nehru to ..... seven years of the marriage. when these factors were proved by reliable and cogent evidence, then the presumption of dowry death under section 113b of the evidence act clearly arose. the aforementioned ingredients necessarily attract section 304b ipc. section 304b is a special provision which was inserted by an amendment of 1986 to deal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-2006
Reported in : AIR2006SC1249; 2006(2)ALD119(SC); 2006(2)ARBLR57(SC); 2006(2)AWC1911(SC); (SCSuppl)2006(3)CHN82; 102(2006)CLT76(SC); JT2006(3)SC200; (2006)2MLJ448(SC); 2006(I)OLR(SC)643; (
..... , or the indian registration act, 1877, or this act came or comes into force, namely:-(a)...(b) other non-testamentary instruments which purport or operate ..... title or interest of the value of one hundred rupees and upwards to or in immovable property which requires registration under section 17(1)(b) of the registration act, 1908?a. abatement of appeal in respect of deceased smt. rajlakshmi & maintainability of the appeal qua other respondents11. mr. c.a. sundram, learned senior ..... act:17. documents of which registration is compulsory.- (1) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no. xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2006
Reported in : AIR2006SC3297; 2006(4)AWC3926(SC); 2006(5)CTC79; [2006(4)JCR141(SC)]; JT2006(8)SC469; 2007(1)OLR(SC)31; 2006(9)SCALE31; (2006)10SCC788
..... or order to be sent to the registrar within whose district the document was originally registered. but these sections were omitted while enacting the registration act of 1871. but in the specific relief act, 1877, section 39 was introduced providing that where an instrument is adjudged void or voidable under that section and ordered to be delivered up ..... for want of registration. provision was made for the registration of such a decree by section 42 of act xx of 1886, but that section was not re-enacted in act viii of 1871. if, therefore, it required registration under the act, it could only be as an 'executed instrument' under section 17, a description which is scarcely applicable ..... only with the presentation of a 'copy' of a decree, the optional registration of which is expressly provided for by section 18 of the act. upon a true construction of the act of 1871, read with reference to act xx of 1866, such a decree, we are strongly inclined to think, did not fall within section 17. however .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-17-2006
Reported in : AIR2006SC3068; [2006]133CompCas236(SC); (2006)5CompLJ409(SC); 2006(8)SCALE101; (2006)7SCC382
..... , before the calcutta high court against the company, tara chand agarwal, smt. dankha devi agarwal, chandra prakash agarwal and others inter alia under sections 397 and 399 of the companies act. the same was admitted and an order of status quo was passed by the learned single judge on 18th june, 1990 and an additional interim order was also passed to ..... the ground that the meetings of the company held on 26th october, 1989 and 21st november, 1989 were without due compliance with the provisions of section 286 of the companies act. similar is the case as far as the issuance and allotment of 1960 shares in favour of shri tara chand agarwal and shri chandra prakash agarwal is concerned. the division .....
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