Court : Chennai
..... commercial transactions. explanation i.- in this sub-section, "nationalized bank" means a corresponding new bank as defined in the banking companies (acquisition and transfer of undertakings) act 1970 (5 of 1970). explanation ii. - for the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, ..... the cause of action would arise and, consequently, complainant would be entitled to approach the court by filing a complaint under section 138 of the negotiable instruments act. 13. as the liability under the cheque issued by the defendant is admitted, the plaintiff would be entitled for recovery of the same. however, admittedly, ..... reference to the portion of the cheque amount, in my view, the complainant would be perfectly well within his right to invoke the required provisions of the act. therefore, when the cheque was dishonoured, the complainant sent a statutory notice demanding only the portion of the cheque amount, namely, rs. 1,01,574/-. .....
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..... had poured kerosene on the deceased and set fire on her. 13. now the question is as to what was the offence that the accused had committed by the said act. 14. from the evidence of p.ws.1 and 2 and also from the dying declarations, it is clear that before the occurrence, there was a quarrel between the accused ..... to cause death of the deceased, definitely he had an intention to cause such bodily injury which was sufficient in the ordinary course of nature to cause death. hence, this act of the accused would fall under the third limb of section 300 ipc and first exception to section 300 ipc. hence, the ..... act of the appellant/accused falls under section 304 (1) ipc. 15. turning to the quantum of sentence, the accused is a poor man and he has no bad antecedents and .....
Tag this Judgment!Court : Chennai
..... prosecution to send m.os.2 and 3 for examination and to prove that they were arms as defined in the indian arms act. further, there are lot of inconsistencies between the evidences of p.ws.7 and 12 in respect of the recovery of m ..... death of the deceased. but, the trial court had, in ignorance of the bar contained in section 25 of the indian evidence act, has extensively relied on the confession statement said to have been given by the accused to p.w.12 while in custody. 14 ..... 2,000/- in default to undergo rigorous imprisonment for six months for the offence under section 25 (1-b) (a) of indian arms act. challenging the said conviction and sentence, the appellant is before this court with this criminal appeal. 2. the case of the prosecution, in ..... judge, dharmapuri. he stood charged for offences under sections 302 i.p.c., and 25 (1-b) (a) of indian arms act. by judgment dated 22.12.2015, the trial court convicted the accused under both the charges and sentenced him to undergo imprisonment for .....
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..... official gazette and therefore, provisional release can be ordered, we are inclined to accept the said contention, as prohibition/restriction, is inbuilt in the customs act, 1962. while considering the objections, on the notification and other provisions, relied on and pressed into service, we cannot reject the objections of the revenue ..... the authorities seized the same. adjudicatory proceedings ended in confiscation. contention of the appellant therein, before the high court, was that section 125 of the customs act, 1962, does not provide for confiscation of goods, other than prohibited goods. repelling the said contention and following om prakash bhatia's case (cited supra ..... and sheets and plastic chemicals. a detention order was passed, under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974, with a view to prevent him from abetting the smuggling of goods. consignment of ethyle hexanol (eha) was transported to bonded warehouses, after .....
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..... not only by the first accused, but by his associates also. 11. having regard to all these facts and circumstances of the case, we are of the view that the act of the first accused in causing the death of the deceased by causing injuries would squarely fall within the first limb of section 300 ipc, but the same would fall ..... conviction. it is not the quantity, but the quality, that matters. if the evidence of solitary witness inspires the confidence of the court, there can be no iegal impediment to act upon his evidence to convict the accused. in a case where the court is able to separate the grain from the chaff, absolutely, there is no difficulty for the court ..... .1. 8. the learned counsel for the first accused would submit that since p.w.1 is only partly believable, in the absence of any corroboration, this court should not act upon his evidence alone and convict the first accused. though attractive, we find no force in the said argument. it is not the law that the evidence of a solitary .....
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..... writ appeals and the writ petitions with the direction to the state government to initially wait for our pronouncement in respect of the writ appeal aforesaid and thereafter, proceed to act in terms aforesaid or begin de nova depending on the fate of the writ appeal referred above. it is clarified that anything to the contrary which may have been observed .....
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..... indicated. 12 the learned counsel for the petitioner places heavyreliance upon the information furnished by the bar council of tamil naduand puducherry, under the right to information act, 2005, wherein it hasbeen stated that the 4th respondent got enrolled on 09.08.2000 with enrollment no.1044/2000 and has given his address bearing door ..... further submission of the learned counsel appearing for the petitioner that the headmaster of the government high school, ponneri, has also given information under the right to information act, stating that the 4th respondent was born on 10.05.1974 and as per the school records, the address is no.18.c, gnt road, gummidipoondi. the ..... , learned counsel appearing for the petitioner would submit that pendency of this writ petition, the petitioner filed an application under section 6 of the right to information act, 2005, to the bar council of tamil nadu and puducherry, as to the persons in the name of lingeswaran who got enrolled as advocates and the bar .....
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..... complaint lodged before the inspector of police, katpadi police station, several criminal allegations were made against the appellant/plaintiff. it is also stated that the act of the appellant mr.g.v.sampath amounts to criminal liability and they were punishable under various sections of the indian penal code and the second ..... appellant/plaintiff from vice president post was that he was misusing the funds of the first respondent / first defendanttrust. besides this, the appellant/plaintiff was acting against the terms and conditions of the trust deed and making false allegations against the trust and its trustees and this amounts to anti-trust activities. ..... off by the third defendant. the third respondent/thirdd efendant, possibly under the guidance and control of the second respondent/second defendant, had indulged in these acts. apart from that, the appellant/plaintiff came to know that on the instruction of the second respondent/second defendant, the third respondent/third defendant had .....
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..... 12a(a) of the income tax act (hereinafter the act ), vide proceedings dated 30.07.1990. 3. in the assessment year 2012-2013, the petitioner filed an application in form no.56d on 22 ..... supra). 15. however, considering the legal position that there is no power to condone the delay in filing an application under section 10(23c) of the act, this court is not inclined to exercise its extraordinary jurisdiction to condone the delay. however, this court is inclined to give appropriate direction to the respondent ..... the respondent and with their consent, the writ petition itself is taken up for disposal. 2. the petitioner is a society registered under the societies registration act, which has established and administering an educational institution under the name and style of all angels matriculation higher secondary school . the petitioner is registered under section .....
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..... let in by the prosecution to prove that it was this accused who stabbed the deceased and killed him. 9. the learned counsel for the appellant would submit that the act of the accused would fall within the first exception to section 300 i.p.c. we find no force at all in this argument. the fact that the accused had ..... stabbed the deceased thrice on the vital parts would give adequate inference that the intention of the accused was only to cause the death of the deceased. thus, his act would clearly fall within the ambit of the first limb of section 300 i.p.c. at the same time, we do not find any material on record to bring ..... his act within the ambit of the first exception to section 300 i.p.c. as it is projected by the learned counsel for the appellant. from the evidences of all these .....
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