Court : Delhi
Reported in : 2003CriLJ1122; 100(2002)DLT463; 2003(66)DRJ483
..... whereby he has dismissed an application of the petitioner accused for discharging him in a criminal complaint filed by the respondent under section 138 of the negotiable instruments act.2. as per the allegations made in the complaint the intimation about dishonour of the cheque in question was received by the complainant on 26.4.2000. ..... subsequent notice would not be valid. in paragraph 10 of the judgment the court observed as under:-'now, the question is how the apparently conflicting provisions of the act, one enabling the payee to repeatedly present the cheque and the other giving him only one opportunity to file a complaint for its dishonour, and that too ..... of this notice. thereforee, the question whether the presumption of deemed service of the notice dated 4.5.2000 arises in terms of clause 27 of the general clauses act would depend upon the evidence which would be produced by the complainant respondent during the hearing of the case.12. in sridhar m.a. v. metalloy n. steel .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT530
..... prakash om prakash, delhi. (2) m/s. om prakash and sons, delhi and dehra dun. (3) m/s. om sons durga prasad, delhi. (4) m/s. r.s. madhoram and sons, delhi and dehra dun.' 13. obviously, aforesaid power of attorney, ex. pw1/1 dated 22nd april, 1970 and ..... witness box. since defendant no. 14 was to get commission on the supplies made to defendant no. 1-firm, so, the act in issuing said guarantee litters will be taken to have been done by defendant no. 10 in carrying, in usual way, the ..... that in terms of said ex. pw 1/1, p.c. jain was appointed as attorney of the plaintiff for doing the acts noted therein on its behalf including suing for moneys due to plaintiff from any person, society, corporation, association or company, prosecuting and ..... is denied. it is denied that letters/payments referred to in the plaint extended the limitation under section 18 of the limitation act.5. defendants 1, 8 to 10 and 14 their joint written statement have adopted the written statement filed by defendants 1 to .....
Tag this Judgment!Court : Delhi
Reported in : 99(2002)DLT244; 2002(63)DRJ712
..... the liability itself. this is how the supreme court also viewed the issue in k. bhaskaran's case holding thus:- 'the principle incorporated in section 27 of general clauses act can be profitably imported in a case where the sender has dispatched the notice by post with correct address written on it. then it can be deemed to have been ..... not produce or prove it for having misplaced it or for some other reason. 13. we are conscious that presumption of service by post under section 27 of general clauses act is rebuttable. but such rebuttal does not assume finality merely because of the sender's denial to receive the notice. it would be so only where the sender proves ..... be deemed to have been affected unless the contrary is proved. this principles is equally applicable to the service of notice for purpose of section 138 of negotiable instrument act also. the same could be said about the provision of rule 19-a or order v cpc which requires a court to make a declaration of summons having been .....
Tag this Judgment!Court : Delhi
Reported in : 96(2002)DLT354; I(2002)DMC448
..... and, thereforee, once the organism is preserved, the petitioner cannot claim that it should not be put to any test. the question of compelling her to do any particular act does not arise. this argument, thereforee, so much thought of by the learned counsel for the petitioner, must fail.13. the main argument, as already referred to above ..... cannot direct them to submit accordingly. it was held:in india there is no special statute and there is no provision either in the criminal procedure code or in the indian evidence act empowering courts to direct such a test to be made. similarly, as pointed out by raghava rao, j. in venkateswarulu v. subbayya, : air1951mad910 , there is no ..... facts. the petitioner has filed a petition for dissolution of marriage on the ground of cruelty and adultery against respondent no. 1 under section 10 of the indian divorce act. the said petition is being contested on the ground of counter- allegations of similar nature.3. respondent no. 1, by virtue of i.a. 3804/99 .....
Tag this Judgment!Court : Delhi
Reported in : 94(2001)DLT632; 2001(60)DRJ603
..... to discharge the accused.(4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post-office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the ..... be held that prima facie case for framing the charge is made out. there can be no straight jacket formula for the same. the courts are not expected to act as the mouthpiece of prosecution. at the stage of framing of charge, board probability of the case and total effect of the evidence and documents produced before it and ..... cruelty by the husband against the wife but cannot constitute harassment or cruelty for the purpose of demand of dowry by the relatives. under section 113-b of the evidence act, presumption as to the dowry death can be raised where it is shown, that soon before her death, she was subjected to cruelty or harassment, in connection with any .....
Tag this Judgment!Court : Delhi
Reported in : 93(2001)DLT542; 2002(62)DRJ58; 2001(78)ECC49; 2002(139)ELT24(Del)
..... . but the dispute in the present case is whether petitioner was entitled to be given copies of pre-recorded statements of enlisted witnesses under section 108 of the customs act.7. we see no impediment in petitioner being supplied such copies if he wanted to use these for his defense. nor do we find any rationale behind respondents' ..... for petitioner mr. tripathi argued that petitioner was entitled to these copies both under relevant rules and the rules of natural justice. he took us through various provisions of evidence act and ccs (cca) rules to show that there was a difference between a 'document' and a 'statement' and that respondents were otherwise obliged to supply such copies. he ..... orderkhan, (j)1. there is much ado about nothing. petitioner wants copies of pre-recorded statements of enlisted witnesses under section 108 of the customs act to prepare his reply to the charge sheet issued to him but respondents are resisting his demand. as a result, he has failed to file his written .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIAD(Delhi)204
..... petition was dismissed in default on 30th march, 1979. after the dismissal of the aforesaid revision petition, petitioner filed two applications before the civil judge, dehra dun, uttar pradesh. first application dated 2nd august, 1976 was for permission to amend the plaint by scaling down its valuation and the second application was ..... it was filed in the court of senior sub-judge, delhi claiming reinstatement in service and all consequential benefits. after the enactment of the administrative tribunal act, 1985 this civil suit no. 280 of 1986 pending in the civil court, delhi stood transferred to central administrative tribunal, principal bench, new delhi on ..... delhi which was transferred to central administrative tribunal was also dismissed. the petitioner also did not mention that respondents are covered by the administrative tribunal act and thereforee it is the central administrative tribunal which has the jurisdiction to deal with such matters. had he so disclosed, may be order dated .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2000)(121)ELT362TriDel
..... . it is was observed. the expression 'electrical goods' has not been defined in the act. neither the act nor the rules thereunder have laid down any test to be satisfied before any given article is brought within the scope of entry 37. the appellate authority, therefore, ..... presumed to have used an ordinary term as coal according to the meaning ascribed to it in common parlance.' 'while interpreting items in statutes like the sales tax act, resort should be had not to the scientific or the technical meaning of such terms but to their popular meaning or the meaning attached to them by those ..... hyderabad. the judgement of the court was delivered by the learned chief justice. while dealing with the entries in the schedule of the relevant to the sales tax act of the state of andhra pradesh and after referring to the observation of the supreme court in ramavatar budhaipmsad v. the assistant sales tax officer, akola, and anr .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (2000)(119)ELT211TriDel
..... sugars ltd. judgment is one in which the meaning of "actual cost', not defined under the income tax act, 1922, was considered. for ascertaining what 'actual cost' was in the circumstances, this court referred to accepted accountancy rules and said that they should be adopted ..... 112) e.l.t. 353 their lordships dealt with a similar argument and observed: "21. the learned attorney general submitted that judgments relating to the income tax act or other statutes had no relevance while considering a provision in an excise statute. there can be no doubt about the correctness of this proposition, but the challapalli ..... they contended that the entire document could not be held to be drawings/designs in pictorial form falling under chapter heading 49.11 of the customs tariff act. yet another contention that was raised by the appellant was that the value of these materials imported has been wrongly assessed and duty levied.3. the question .....
Tag this Judgment!Court : Delhi
Reported in : 2000IIIAD(Delhi)861; 2000CriLJ2401
..... the course of search and seizure operation. 11. as stated earlier, the compliance with the procedural safeguards contained in the code of criminal procedure and the act are intended to serve dual purpose to protect a person against false accusation and frivolous charges as also to lend credibility to the search and seizure conducted ..... necessary to provide such a statutory safeguard to lend credibility to the procedure relating to search and seizure keeping in view the severe punishment prescribed in the act. that being so, the authorized officer must follow the reasonable, fair and just procedure as envisaged by the statute scrupulously and the failure to do ..... to establish that the association of such witnesses was not possible on the facts and circumstances of a particular case. the stringent minimum punishment prescribed by the act clearly renders such a course imperative. thus, the statutory desirability in the matter of search and seizure is that there should be two or more independent .....
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