Court : Punjab and Haryana
Decided on : Jan-31-1991
Reported in : AIR1991P& H288
..... the regional passport officer, chandigarh to assume so was the fact that they were studying in a boarding school at dehra dun, namely; welhem girls school, dehra dun.3. a reference to the relevant provisions of the passport act, 1967 and the rules framed thereunder would show that the jurisdiction of the regional passport officer to issue passports ..... issuance of passports to the petitioners as they were 'ordinarily residing' in chandigarh.5. it is indeed unfortunate that such a plain and clear provision of the act and rules was not understood, rather disregarded by the regional passport officer, chandigarh in transferring the case of the petitioners to bareilly, this cannot but invite adverse ..... the officers specified in column (2) of schedule 1 shall, subject to the provisions of sub-rule (2), be the passport authorities for all purposes of the act and these rules. (2) an officer referred to in column (2) of schedule 1 shall, for the purpose of issue of a passport or travel document, .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-11-1991
Reported in : 1992(1)BomCR485
..... is not initiated by a plaint. i shall now refer to some of the relevant judgments, cited at the bar. 12. in hansraj gupta and others v. dehra dun mussoorie electric tramway co. ltd. , it was observed by lord russel of kollowen as under:- 'the word 'suit' ordinarily means, and a part from some context ..... time appointed the maharashtra state co-operative cotton growers marketing federation limited as its agents under the provisions of the maharashtra raw cotton (procurement, processing and marketing) act, 1971 the petitioner no. 1 amended the petition by incorporating one more ground of challenge to the impugned awards in the petition. shri dhirajlal v. shah ..... initiated by petition in the nature of plaint. the respondent no. 1 -company contended that the expression 'suit' as used in section 21 of the limitation act, 1963, be construed widely. 3. the petitioners contended that the respondent no. 1-company had opposed the application for amendment inter alia on the ground of limitation .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-23-1991
Reported in : [1992]85STC168(Kar)
..... 6 moo pc 1, aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. , for others than the courts to ..... , or with reference to their particular uses or with reference to their prices. whenever, a corresponding exemption from the levy of tax under any provision of the act has to be granted, the legislature granted the exemption under section 8 by specifying those goods under the fifth schedule. section 8-a vests a similar power in ..... the assessing authority by its order dated may 22, 1987, held that the turnover of the petitioner pertaining to the low priced pens were exempted from taxation under the act, obviously because he opined that 'pens' were referred in the second schedule. we are not concerned with other aspects of the assessment orders here. this order was reopened .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-13-1991
Reported in : 1991(1)ARBLR290(SC); (1991)2CALLT9(SC); JT1991(1)SC645; 1991(1)SCALE431; (1991)2SCC548; [1991]1SCR809; 1991(1)LC620(SC)
..... the proceedings under section 14 of the indian arbitration act, 1940 and to pass a decree against the appellant in those proceedings, though no consent to the institution of those proceedings had been given by the central government.12. the following observations in hansraj gupta v. official liquidator, dehra dun-mussorrie electric tramway co. [1932] l.r. ..... a decree in accordance therewith, or superseding the reference or revoking or modifying the award or remitting it for further consideration, as laid down in the act. but, the act does not disable the parties from terminating their dispute in a different way, and if they do it could not be intended by law that a ..... dispute which are inseparable, the court may supersede the submission, and leave the parties to work out their agreement in accordance with the law outside the arbitration act.11. in nawab usmanali khan v. sagarmal, (supra) on which reliance has been placed by learned counsel for the appellant it was held that a proceeding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-1991
Reported in : JT1991(1)SC503; 1991(1)KLT666(SC); 1991(1)SCALE319; (1991)2SCC463; [1991]1SCR550
..... to be under the king's protection for his princely delight.' it was also found that the abridged glossary of technical terms published by forest research institute and colleges, dehra dun, page 52, the term forest was understood as an area set side for the production of timber and other forest produce, or maintained under woody vegetation for certain ..... nothing in evidence in the case to show that the company's plantations area was a forest under the m.p.p.f. act.19. the kerala forest act, 1961 (act 4 of 1962) was an act to unify and amend the law relating to the protection and management of forests in the state of kerala and it extended to the ..... south kanara having a contiguous area exceeding 100 acres. by an explanation added thereto by section 2(a) of the madras preservation of private forests (second amendment) act, 1954, (madras act xviii of 1954), it was explained that nothing in this clause shall be deemed to apply to any land which was brought under fugitive or other cultivation prior .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-02-1991
Reported in : AIR1992MP13; 1992(0)MPLJ109
..... smritichandrika have even in good old times laid down directive principles providing protection against usury of loans. the mode in lawsi.e. money lenders act, usurious loans act, interest act and other state enactments are modern developments of law providing protection against the recovery of interest and are projections of the rule of dam dupat ..... . the language of the preliminary decree is plain and simple allowing simple interest on the mortgage amount and principles of dam dupat, usurious loans act and interest act can always be considered by the court, the principles contained therein being equitablefor relieving the debtors from payment of excessive interest.17. for appreciating ..... to get compound interest on the mortgage amount. according to shri kishore as the applicability of the principle of dam dupat, the usurious loans act and interest act has been raised before the trial court before the passing of the preliminary decree, these issues could not be raised while passing of the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-02-1991
Reported in : 1992(0)MPLJ287
..... make the result of proceedings acceptable. relying on state of v.p. v. munni dhimar, air 1954 v.p. 42, it was argued that no presumption under section 114, evidence act arises as to the requisite precautions having been taken in conducting the test identification proceedings and the prosecution must prove by positive and reliable evidence that all such proceedings were .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-1991
Reported in : 1992CriLJ1815
..... on account of her failure to meet such demand. the offences under sections 406 and 498a(b), indian penal code, therefore, in the context of dowry, constitute one series of act so connected together as to form the same transaction and, therefore, under section 220 of the code of criminal procedure both the offences become triable at ropar. with regard to ..... challan was put in the court for offences under sections 498a and 406 of the indian penal code as well as under sections 3, 4/6 of the dowry prohibition act.3. after hearing the prosecutor and the accused, the trial court, however, vide its order dated 24-2-1990 found a prima facie case for offences under sections 406 and .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-01-1991
Reported in : 1992(1)ALT520; I(1992)DMC542
..... liasion with the social workers representing the various organisations, which record the statements of the factual nature and these statements, will be conisidered as per the evidence act. as per the said go the respondent is deemed to be a superior officer in rank to all the station officers within the jurisdiction of the crime branch ..... protection cell, cid hyderabad has jurisdiction to investigate the crimes involving offences against women, particularly under sections 498a, 304b and 306 ipc and under the dowry prohibition act'?4. chapter xii of the code of criminal procedure, 1973 deals with 'information to the police and their powers to investigate'. section 156 of the code deals ..... petitioners and seven others under sections 420, 498a and 406 read with 34 of the indian penal code and sections 4 and 6 of the dowry prohibition act. originally a private complaint was field by mrs. farhana parveen who is the wife of the 1st accused against the petitioners and 7 others before the additional .....
Tag this Judgment!Court : Orissa
Decided on : Dec-17-1991
Reported in : II(1992)DMC80
..... the state government or of such officer as the state government may, by general orspecial order, specify in this behalf.' section 4 is, however, substituted by the amending act 63 of 1984 which cameto the effect from 2-10-1985. but in the present case cognizance was taken on15-7-1984 much before the amending provision came into ..... -6-1984 after which u.i. case no. 371 of 1984 (trial case no. 843 of 1984) was initiated against thepetitioner under section 4 of the dowry prohibition act in the court of thechief judicial magistrate, keonjhar on the 'basis of the prosecution report submitted by the officer-in-charge, patna p.s. by the order dated 17 ..... keonjhar has dismissed the appeal and confirmedthe order of conviction and sentence passed by the trial court against him.the petitioner was convicted under section 4 of the dowry prohibition act,1961 and sentenced to undergo imprisonment till rising of the court and to paya fine of rs. 5,000/- in default to undergo simple imprisonment for 6 months. .....
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