Court : Chennai
..... posted in the establishment of the petitioner for supervising the activities and to ensure that the petitioner does not commit any violation of the provisions of the customs act and rules, as per the circular of the ministry, dated 19.10.1994, the government has stipulated that, the parties should pay uniform rate of 1 ..... that the petitioner has not set put any establishment. writ petitioner was granted warehouse licence and inbond manufacturing sanction order under section 58 (i) and 65of customs act, 1962 on condition that manufacturing operation should be carried out under the supervision of customs officer. this is contained in condition no.4 of inbond manufacture sanction order ..... h.yasmin begum, w/o t.s.t.kaznavi, 7, sullivan street, santhome, chennai 600 004, is hereby licenced under section 58 (1) of the customs act, 1962, as a private bonded warehouse for storage of parts and accessories of cellular/mobile phones, without payment of duty on the first importation thereof subject to the .....
Tag this Judgment!Court : Chennai
..... in his handwriting, and that the signature of the person executing the document is in the handwriting of that person. 12. from the language of the section 69 of evidence act the propounder of a will, where no attesting witnesses are available, has to prove two things. (1) that the signature of atleast one attesting witness is in his hand ..... a precedent to hold that, this court had concluded that the proof of signature of testator alone will be sufficient compliance with the requirements of section 69 of the evidence act. 15. the learned counsel also relied upon the judgment in g.vaidehi vs. s.govindarajan reported in 1992 (1) lw 311. i find that said judgment does not help ..... ongbi tampha ibema devi vs. yumnam joykumar singh and other reported in 2009 4 scc 780 and contended that as per provisions of the section 63 of the indian succession act, the following are the requirements for the due execution of a will:- 1. the testator should sign or affix his mark to the will; 2. the signature or .....
Tag this Judgment!Court : Chennai
..... other words, if the offence had been committed on an individual, who belongs either to scheduled caste or scheduled tribe and if it amounts to atrocity in terms of the act, then, the accused is liable for enhanced punishment. in the instant case, we have already concluded, there is no evidence to show that the accused committed any offence in ..... default to undergo simple imprisonment for three months. the trial court, however, acquitted the accused from the charges under sections 3 (1)(xi) and 3 (1)(xii) of sc/st act. challenging the above conviction and sentence, the appellant is before this court with this criminal appeal. 4. the case of the prosecution, in brief, is as follows:- p. w ..... and to pay a fine of rs.2,000/- in default to undergo rigorous imprisonment for six months for the offence under section 3 (1)(v) of the sc/st act. the trial court ordered the above sentences to run concurrently. challenging the same, the appellant filed an appeal in crl.a.no.23 of 2007 before this court. 2. .....
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..... against him, was split up and assigned as spl.sc no.2/2016, on the file of the special sessions judge, sc and st act cases, villupuram. 11. resultantly, this criminal original petition is allowed and the criminal proceedings in spl.sc no.123/2015 (sc.no.96 ..... persons for the alleged offences under sections 147, 148, 294(b), 323, 506(ii) ipc r/w section 3(i)(x) sc/st act. after investigation, charge sheet was filed only against two persons for the offences under sections 294(b), 506(ii) r/w 34 ipc and ..... on file as sc no.96 of 2013. later, it was transferred to the file of the learned special sessions judge, sc and st act cases, villupuram and renumbered as special sc no.123 of 2015. during the course of trial, due to non-appearance of the petitioner/ ..... the alleged offences punishable under sections 147, 148, 294(b), 323, 506(ii) ipc r/w section 3(i)(x) sc/st act. after completion of investigation, charge sheet was filed only against a1 and a2 for the offences under sections 294(b), 506(ii) r/ .....
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..... been completed, but for the extraneous intervention which frustrated its consummation. 27. that apart, under section 307 i.p.c., the onus is on the prosecution to establish (i) the act i.e. actus reas (ii) mens rea (guilty mind/intention). for the offence under section 307 i.p.c. all the essentials of murder, other than the victim's death ..... of causing death should have been inflicted. if an individual knows that a particular result will follow from his act, then, he should be deemed to intend such result by the act. after all, a court of law is to visualise whether the act, irrespective of its result, was done with an intention or knowledge under the circumstances specified in section 307 i .....
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(Prayer: Appeals filed u/s.374 (2) of Cr.P.C., against the Judgment of conviction and sentence passed by the learned Principal District and Sessions Judge, Villupuram dated 07.06.2016 in S.C.No.337 of 2009.) S. Nagamuthu, J. 1. The appellants are accused Nos.1 to 6 (A.1 to A.6) in S.C.No.337 of 2009 on the file of Principal District and Sessions Judge, Villupuram. They stood charged for the offenceS under Secs.148 and 302 read with 34 IPC. During the pendency of trial, A.2-Jothy died. Thus, the charges against him stood abated. The trial Court, by Judgment dated 07.06.2016 convicted the accused 1 and 3 to 6 under Secs.148 and 302 read with 34 IPC and sentenced them to undergo rigorous imprisonment for three years for the offence under Sec.148 IPC and to undergo imprisonment for life and to pay a fine of Rs.50,000/-each as against A.1, A.3, A.5 and A.6 and Rs.1,000/- for A.4, in default, to undergo six months simple imprisonment for the offence under Sec.302 read with 34 IPC. Challengin...
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..... is admitted by the plaintiff himself that ramalakshmi ammal was in occupation of the suit property, till her life time. to attract section 14(1) of the hindu succession act, 1956, three essential conditions must exist viz., (1)the property must be possessed by hindu female; (2)the property possessed by her must have acquired and (3) ..... /defendants submitted that under the partition deed-ex.b2, dated 16.10.53 the mother of the plaintiff's vendor was given life interest. after the hindu succession act, 1956 under section 14(1), the limited interest of ramalakshmi ammal has enlarged in to an absolute interest. therefore, the vendor of the plaintiff had no title ..... of admission, this court has formulated the following substantial questions of law for consideration:- (1) whether the legal plea relating to section 14(1) of the hindu succession act, 1956 must have been gone into on merits by the lower appellate court even in the absence of pleading to that effect in the suit? (2) whether the .....
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..... proviso appended thereto, the document should be established at least by examining one of the attestors to the document. 8. as per section 3 of the transfer of property act, ''attested'' is defined as follows:- "attested", in relation to an instrument, means and shall be deemed always to have meant attested by two or more witnesses each ..... legal transaction, the plaintiff has to examine at least one of the attestors to the document for proving its authenticity. as per section 123 of the transfer of property act, a gift of immovable property has to be effected by a registered instrument signed by or on behalf of the donor and attested by at least two witnesses. ..... ex.a2 settlement deed had been duly executed in his favour by appavu mudaliar and that, the same had been accepted by him and the settlement deed had been acted upon and pursuant to the same, it is only the plaintiff, who has been in possession and enjoyment of the suit properties comprised therein. inasmuch as the defendants .....
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..... established his case to the subjective conscience of this court to the effect that the respondent/accused had committed an offence under section 138 of negotiable instruments act. viewed at from any angle, suffice it for this court to point out that the appellant/complainant had not established his case beyond reasonable doubt and ..... appellate court in a pragmatic fashion. 9. lastly, it is the contention of the learned counsel for the appellant that under section 139 of the negotiable instruments act, 1881, the presumption is that the cheque was issued for the purpose of discharging the loan obtained by the respondent/accused from the appellant/complainant, but ..... up by the complainant etc., and ultimately it was concluded that the case filed against the respondent/accused under section 138 read with 142 of negotiable instruments act was not established beyond reasonable doubt and resultantly allowed the appeal by setting aside the judgment dated 05.10.2012 in stc no. 143 of 2009 .....
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..... possession. (emphasis played herein is entirely mine) 6. keeping the aforementioned principles on the subject in mind, when we examine the provisions of tamil nadu land encroachment act, (act 3 of 1905), it becomes imminently clear that the said legislation is made, in recognition of the aforesaid legal regime. hence, while sub-section (1) of section ..... to the appellant or to any other more appropriate individual. 8. hence, the respondents would do well to follow the principles enshrined behind sections 6 and 7 of act 3 of 1905 and, then alone, evict the appellant from the land in question, but not otherwise. 9. writ appeal is allowed, subject to the above observations ..... to defend against the rightful owner must be settled possession, extending over a sufficiently long period of time and acquiesced to by the true owner. a casual act of possession would not have the effect of interrupting the possession of the rightful owner. the rightful owner may re-enter and re- instate himself provided he .....
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