Court : Delhi
Decided on : Feb-19-2007
Reported in : 2007CriLJ4008; 2007(94)DRJ777
..... an extremely brutal diabolical act. naina sahni was living along withthe accused. the evidence indicated that she was treating the accused as her husband. even the father of the accused deposed that ..... mitigating and aggravating circumstances, did do that for the sake of justice and after taking into consideration all the facts and circumstances came to the following conclusion:the act of the accused is covered by the observations of the hon'ble supreme court in : 1983crilj1457 under the heading of manner of commission of murder. it is ..... of doubt.78. the prosecution is also relying upon the confession made by the other convict keshav kumar by taking recourse to section 30 of the evidence act. we have already noticed that during the trial keshav kumar had moved an application praying for disposing of his case immediately. in that application he had admitted .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-28-2007
Reported in : 2007(2)AWC2011
..... library development. rule 3(b) defines 'bar association' which reads: 3(b) 'bar association' means the bar association registered under the societies registration act or so affiliated with the state bar council within whose jurisdiction the bar association is situated.the application form for bar council welfare scheme, 1998 contains ..... elements' (3) u.p. bar council must take effective measures to ensure that privileges extended under various 'welfare schemes' floated by u.p. bar council under 'advocate act' are available to genuine 'regular legal practitioners' or advocates in legal profession only, and (4) privileges extended by court (viz. 'chamber', 'lunch room', 'library ..... no. 1.16. assistant registrar-societies at allahabad appeared in person. he conceded ignorance over functioning of hcba a society registered under societies registration act. he admits he has no knowledge of failure of hcba to conduct its affairs as per hcba rules. he appeared completely apathetic to the complaints .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-01-2007
Reported in : IV(2007)BC65; 2007CriLJ2318; (2007)2GLR2100
..... person needlessly....15. the trial court shall, therefore, carry out proper verification before issuing summons in a criminal case under section 138 of negotiable instruments act. while registering the complaint, the following verifications are required ;[1] the verification of a complaint on oath by the complainant is the first important ..... quashed and set aside. rule is made absolute accordingly.13. before parting, it is required to be noted that the law of negotiable instruments act has been necessitated because of malpractices prevalent in our society pertaining to commercial transactions through financial instruments. it is absolutely necessary to see the statement of ..... cheques, which came to be dishonoured. therefore, after issuance of notice, he has filed the said three complaints under section 138 of the negotiable instruments act. in these petitions, the petitioner have prayed to quash those complaints.4. dr. amee yajnik, learned advocate for the petitioner submitted that there is .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Mar-12-2007
Reported in : 2008(1)MPHT51(CG)
..... 449, wherein the question of law involved was whether a direction for deoxyribonucleic acid (dna) test can be given in a proceeding for coming to a conclusion under the succession act, 1925, held that dna test cannot be directed as a matter of routine and only in deserving cases such a direction can be given.the paternity of the child can .....
Tag this Judgment!Court : Jharkhand
Decided on : May-10-2007
Reported in : 2009ACJ403; AIR2008Jhar14; [2007(3)JCR335(Jhr)]
..... and submitted that in the said case also, it was contended that permanent lok adalat has no jurisdiction to entertain the application under section 166 of the motor vehicles act, 1988 and to decide the motor accident claim cases for grant of compensation, but the said writ petition was dismissed holding that in the permanent lok adalat, the matters ..... faith with the permanent lok adalat in conciliation of the dispute and to produce the evidence and other related documents before it as required under section 22c(6) of the act.he relied on the order dated 11.5.2006 passed in w.p. (c) no. 1102 of 2006 (united india insurance co. ltd. v. mahanand rawani and ..... the respondents and the same will not come in the 'insurance service' as defined under 22a(b)(vi) of 'public utility service' under the legal services authorities act, 1987 (for short 'the act'). the owner, driver and insurer of the standing truck with which the car in question dashed are also liable, but they were not made parties.4. mr. .....
Tag this Judgment!Court : Delhi
Decided on : May-11-2007
Reported in : 141(2007)DLT222; 2007(97)DRJ623
..... to the facts of the present case. in the case of shangrila food products ltd. (supra), the case was one under the public premises (eviction of unauthorized occupants) act, 1971 and was not a case where the terms of a government grant were in question. similarly, in the case of bal kishan chhabra (supra), the consideration of ..... demanded or not. however the applicant will be liable for action under municipal bye-laws. the conversion to freehold in the presence of misuse/ unauthorised construction does not act as a waiver of any action which is liable to be taken under the building bye-laws by the local body.13. if past misuse and unauthorised construction were ..... government grant was raised. this court had observed in the said decision that once it is recognized that a particular lease is a grant contemplated under the government grants act, 1895 then, it shall take effect according to its tenor and any contrary statutory provision or rule of law will have no effect. in other words, the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-01-2007
Reported in : AIR2007Kant133; ILR2007KAR3029; 2007(6)KarLJ239
..... conduct dna test. in sharada's case the husband filed a divorce petition against the wife under section 12(1)(b) and section 13(1)(iii) of the hindu marriage act, 1955, on the ground of unsound mind. in divorce proceedings the husband filed an application seeking direction for medical examination of the wife. the wife opposed the application on the ..... ;iii. there 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;iv. the court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-04-2007
Reported in : 105(2008)CLT65(SC); JT2007(9)SC110; 2007(4)KLT63(SC); RLW2007(3)SC1946; 2007(8)SCALE455; (2007)8SCC66; 2007AIRSCW3808; 2007LawHerald(SC)2055.
..... merely a cessation of the violent symptoms of the disorder, but a restoration of the faculties of the mind sufficiently to enable the person soundly to judge the act; but the expression does not necessarily mean complete or prefect restoration of the mental faculties to their original condition. so, if there is such a restoration, ..... where previous insanity is proved or admitted, certain considerations have to be borne in mind. mayne summarises them as follows:whether there was deliberation and preparation for the act; whether it was done in a manner which showed a desire to concealment ; whether after the crime, the offender showed consciousness of guilt and made efforts to ..... suffering from unsoundness of mind, the crucial question was whether at the time of commission of offence the accused was incapable to understand the nature of the act committed by him or suffered from insanity and had to be given protection under section 84 ipc. the high court found that section 84 ipc has correctly .....
Tag this Judgment!Court : Rajasthan
Decided on : Jul-13-2007
Reported in : RLW2008(1)Raj236
..... the judgment of the learned additional district & sessions judge, barmer, dated 27.1.1988 convicting the accused appellant ladu ram for the offence under section 18 of the act with ten years' rigorous imprisonment and a fine of rs. one lac, is set aside. appellant ladu ram is acquitted for the charge levelled against him. he is ..... circle officer, who is of gazetted rank has not been examined with regard to receiving information or giving authorization as required under sections 41 and 42 of the act, which are of mandatory nature, the whole search is illegal. it further strengthens from the fact narrated by the sho banne dan (pw 8) in his statement ..... sample of 30 gms. was taken, which was sent for chemical examination. thereafter, the accused was chargesheeted. learned trial judge framed the charge under section 18 of the act, to which he pleaded not guilty. the prosecution examined 8 witnesses. the statement of accused under section 313 cr.p.c. was recorded. after hearing, the learned trial .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-27-2007
Reported in : 2008(1)CHN875
..... of maintenance continuously at all. the apex court observed that this contention, apart from supporting the view that the word 'provision' in section 3(1)(a) of the act incorporates 'mata' as a right of the divorced muslim woman distant from and in addition to mahr and maintenance for the iddat period, also enables 'a reasonable and ..... payment of regular monthly maintenance allowance to the divorced wife by husband does not arise. the husband is to pay a lump sum amount in advance and the act does not contemplate payment of regular monthly allowance.12. ld. lawyer for the petitioner has further contended that the respondent-divorced wife if she is unable to maintain ..... case no. m 56 of 2000.2. the petitioner, a divorced muslim wife filed a petition under section 3 of muslim women (protection of rights on divorce) act, 1986 before the learned magistrate for realising dower, value of her properties given at the time of marriage and maintenance during iddat period. before that she filed a .....
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