Judgment Search Results Home > Cases Phrase: dehra dun act 1871 Sorted by: old Court: chennai Page 7 of about 24,665 results (0.170 seconds)

Mettur Beardsell Limited, a Public Limited Company by Its Secretary, 4 ...

Court : Chennai

Reported in : AIR2001Mad466; (2001)2MLJ432

..... an offer on 17. 12.82 for supply of certain quantity of yarn as claimed by the plaintiff. as per sub-section (1) of section 5 of sale of goods act, 1930, a contract of sale is made by an offer to buy or sell goods for the price and the acceptance of such offer. ex. a-32 cannot be ..... lordship has rightly held that mere production of accounts will not be sufficient to charge any person with any liability and the requirement of section 34 of the indian evidence act will not be satisfied by the production of accounts simpliciter. i have already stated that except the ledger, no other account book or books containing similar entries was filed ..... mere production of account books will not be sufficient, to charge a person with any liability. his lordship has further held that the requirements of section 34 of the evidence act will not be satisfied by the production of accounts simpliciter. further, the person who wrote the accounts has not been examined. likewise, the person who is said to have .....

Bommi and Minor Sonia Minor Rep. by Mother and Natural Guardian, Bommi ...

Court : Chennai

Reported in : 2004(5)CTC182; I(2005)DMC636; (2004)3MLJ537

..... of india also.9. opposing the above contentions, the learned counsel for the respondent submits, that the presumption contemplated under section 112 of the indian evidence act, is not available to the second plaintiff in this case, since the alleged marriage between the first plaintiff and the defendant is seriously disputed. admittedly, ..... child with his father and mother can offer infallible evidence of biological parentage. even dna testing may be used to rebut the statutory presumption arising under the act, if available, or to establish evidence, where no presumption arises, as in the case, since, marriage is disputed. no other evidence of corroboration may ..... : 1993crilj3233 was referred. the apex court, considering the constitutional rights available to a person, as well as the provisions of section 112 of the indian evidence act, has held at paragraph-36 as follows:'goutam kundu, (supra) is, therefore, not an authority for the proposition that under no circumstances the court can .....

K.S. Suresh Vs. Deputy Commissioner of Income-tax

Court : Chennai

Reported in : (2006)200CTR(Mad)392

..... proceedings even dated march 21, 2005, concluded that the assessment proceedings for the assessment year 2000-01 have been validly reopened under section 147 of the act and decided to proceed further, which necessitated the petitioners to prefer the above writ petitions.17. mr. janarthana raja, learned counsel for the petitioners, specifically ..... letter dated november 29, 2004, the respondent by letter dated december 7, 2004, furnished the reasons for reopening the assessment under section 147 of the act. in response to the reasons furnished by the respondent for reopening the assessment referred to above, the petitioners submitted their objections on december 27, 2004, ..... . 10607, 10628 and 10631 of 2005, challenging the consequential proceedings of provisional attachment even dated november 25, 2004, issued under section 281b of the act are the same and identical, arising under similar facts and circumstances of the case, the writ petitions are heard and disposed of jointly at the admission .....

Prof. Arun Nigavekar, Chairman, University Grants Commission Vs. Dr. R ...

Court : Chennai

Reported in : (2005)3MLJ336

..... have been, but has not been, provided for in a statute cannot be supplied by courts, as to do so will be legislation and not construction, vide hansraj gupta v. dehra dun mussoorie electric tramway co. , w.w. hiray v. mr. justice lentin : [1989]176itr1(sc) . the court cannot supply a causus omissus or lacuna in a statute, ..... 45itr414(sc) the supreme court observed:'when a language is plain and unambiguous and admits of only one meaning, no question of construction of the statute arises, for the act speaks for itself'.17. in emperor v. benoarilal sarma the privy council observed (per viscount simonds, l.c.):'again and again this board has insisted that in construing enacted ..... 22nd amendment was enacted. however, it was provided therein that if a person (the vice-president in the case of death or resignation of a president) has acted for more than 2 years as president in the unexpired term of the previous president that will be treated as one full term as president. thus, president truman .....

L. Jegannath and J. Thulasidaran Vs. the Land Acquisition Officer and ...

Court : Chennai

Reported in : 2006(2)CTC809; (2006)3MLJ196

..... was converted into interest bearing liability divested from the ownership of the property. the reliance placed on section 55(4)(b) of the transfer of property act, 1882 had been categorically negatived by the order under review. hence, the said contention raised once over again in review applications which is nothing but ..... raj lakshmi dasi v. banamali sen) for the proposition that the mortgagees were within the definition of the phrase 'person interested' under section 10 of the land acquisition act. he also referred to : [1968]1scr362 (sunderlal v. paramsukhdas), wherein the apex court has held as follows:the definition of 'person interested' is an inclusive ..... tamil nadu initiated land acquisition proceedings for the construction of a dam over a river and issued notice under section 4(1) of the land acquisition act to the review applicants, which according to the review applicants was issued, as the applicants were persons interested in possession. according to the review applicants, .....

Mrs.Chitra, and ors. Vs. Mr.Marappan, and ors.

Court : Chennai

..... is unsustainable. the observation of the court below that it is only for the first respondent to disprove the presumption under section 112 of the indian evidence act against the petitioners is no good reason for dismissing the petitioners application. learned counsel for the petitioners further submits that without dna test, it would be very ..... court below further observed that once the marriage between the first petitioner and the first respondent is established, then, a presumption under section 112 of the indian evidence act can be raised. such a presumption can be rebutted by adducing evidence. the aforesaid reasons assigned by the court below cannot be said to be erroneous. however, ..... must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under section 112 of the evidence act. 10. as has been held by the bombay high court in the decision reported in air 2006 bombay 140 (cited supra), merely because either of the .....

Mr.M.Palanichamy. Vs. Union of India and ors.

Court : Chennai

..... court. upon considering the cause of action, the court held that the offence under section 138 can be completed only with concatenation of a number of acts, acts being, drawing of cheque, presentation of cheque with bank, returning of cheque unpaid by drawee bank, giving notice in writing to drawer of cheque demanding payment ..... not confine to a particular transaction where an offence is alleged to have been committed. in cases filed under s. 138 of the negotiable instruments act, series of acts will result at different places. as already discussed (supra). giving the cheque by the accused to the complainant and presenting the same for collection by ..... kochi. various complaints were filed before the learned additional chief metropolitan magistrate, mumbai, under section 138 read with sections 141 and 142 of the negotiable instruments act, against the petitioner firm and some of the partners of the firm. the petitioner therein prayed to quash the criminal cases, contending inter alia that the .....

Mahender Goyal Vs. M/S. Kadamba International, Represented by Its Prop ...

Court : Chennai

..... cognizance of an offence of course, in certain special enactments special provisions are incorporated for restricting the power of taking cognizance of offences falling under such acts. but such provisions are protected by non-obstante clauses. any way that is a different matter. 14.) the jurisdictional aspect becomes relevant only when the ..... the collecting bank of the payee." 10. once again, the question relating to territorial jurisdiction of court trying an offence under section 138 of the negotiable instruments act came up for consideration before a coram of two honble judges in harman electronics (p) ltd. vs. national panasonic india ltd. reported in 2009 (1) ..... as demanded, within the time stipulated. thus, according to the complainant, the accused has committed an offence punishable under section 138 of the negotiable instruments act. 3. in this petition, it is contended that the order of the learned judicial magistrate no.ii, erode taking cognizance of the complainant is wholly .....

G. Sundarrajan Vs. the Union of India Rep. by the Secretary to Governm ...

Court : Chennai

..... that the enactment of a law, but tolerating its infringement is worst than not enacting the law at all in the context of air act, water act and environment (protection) act, 1986. the observation made by the supreme court, relied upon by the learned counsel, is as follows: "41. with rapid ..... enactments for our purpose are: the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment (protection) act, 1986 (the environment act). the water act provides for the constitution of the central pollution control board by the central ..... operations; procedures and safeguards for the prevention of accidents which may cause environmental pollution and remedial measures for such accidents. the environment (protection) act, 1986 also contemplates the central government by official gazette to establish one or more environmental laboratories and also notify the functions of the laboratories. .....

P.K. Balakrishnan Vs. K.M. Ayya Kannu

Court : Chennai

..... judgments of the courts below, this court does not find any discrepancy in the conclusions arrived at for convicting the accused under section 138 of negotiable instruments act. however, the quantum of punishment imposed on the accused is on the higher side. therefore, this court modifies the sentence and compensation as follows:- this ..... enforceable debt. hence, the learned magistrate on scrutiny of the oral and documentary evidence, held the accused guilty of offence under section 138 of negotiable instruments act and sentenced the accused to undergo rigorous imprisonment for one year and also directed the accused to pay a compensation of rs.4,00,000/- to ..... not effect cheque payment even after receipt of notice, the complainant had filed a complaint against the accused for an offence under section 138 of negotiable instruments act before the judicial magistrate-i, mettur dam. 3. on being questioned, the accused pleaded not guilty and hence trial was conducted. on the complainant's side .....