Court : Chennai
Decided on : Jan-23-1991
Reported in : 1992CriLJ2954
..... to have been done with the knowledge that by such act it is likely to cause her death. in this view of the matter, the offence committed by the accused would fall within the four ..... part of the accused, who caused injury on the left flank of the deceased, to have caused her death in the dare devil act of punishing his sister by the infliction of stab, which unfortunately fell on her left flank. in such a circumstance it can be stated ..... the deceased by m.o. 1 on the day in question. 26. the next question that falls for consideration is as to whether the act of the accused would fall under s. 304, part 1 as had been done by the court below or under s. 304, part ..... accused emerging to the scene all of a sudden unexpectedly and inflicting a stab which fell on the left flank of the deceased. the act of stabbing been perpetrated, when the deceased was carrying water from the adjoining well in brass vessels m.os. 2 and 3 by .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-05-1991
Reported in : 1991CriLJ2115; II(1991)DMC271; ILR1991KAR1839; 1991(1)KarLJ389
..... relating to a public servant charged for serious misdemeanour amounting to the offence of criminal misconduct punishable under the provisions of the prevention of corruption act, 1947, there was a preliminary enquiry before lodging the first information report. the supreme court approved the action and observed : '17. ..... ............................................................... before a public servant, whatever be his status, is publicly charged with acts of dishonesty which amount to serious misdemeanour or misconduct of the type alleged in this case and a first information is lodged against ..... respect of the action taken by the additional chief judicial magistrate taking cognizance of the offence under section 4(1) of the act against the petitioner and initiating and commencing proceedings for the said offence. the said action is hereby quashed. consequently the prosecution .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-1991
Reported in : AIR1992SC1555; JT1991(5)SC378; 1991(2)SCALE1386; (1992)1SCC534; [1991]Supp3SCR446; 1992(1)LC346(SC)
..... , by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. in oxford, it has been defined as criminal deception, use of false representation to gain unjust advantage; dishonest artifice or trick ..... section 21 was not liable to be upset by conducting a roving enquiry and by placing the burden wrongly on her to prove that she did not act dishonestly.12. i agree that the statutory authorities in the present proceedings addressed themselves to the wrong questions, misunderstood the guiding principle of burden of proof, ..... section 21 are satisfied, the prohibition contained in section 14 against eviction of tenants except on the specified grounds or the requirements of the transfer of property act or the civil procedure code or any other law are removed or dispensed with.5. the section is attracted in the specific circumstances postulated by it. the absence of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1991
Reported in : AIR1991Mad284
..... construe the proceeding for grant of probate or letters of administration as an application coming within the meaning of an application under article 137 of the limitation act. no question of limitation arises in the present case.25. it is beneficial to refer to certain provisions in the civil procedure code before construing the rival ..... than s. 141, civil p.c. it only makes applicable the procedural provisions of the civil procedure code to the proceedings instituted in a civil court under the succession act in relation to the granting of probate and letters of administration. hence, s. 86, civil p.c., which deals with substantive rights, is not made ..... dispute. article 7, likewise, deals with the duty payable on succession certificates on the amount or value of the debt or security. schedule ii of the act prescribes the court-fee payable on itemised petitions, plaints and appeals and runs into great details. normally, schedule ii prescribes a fixed court-fee on various proceedings .....
Tag this Judgment!Court : Karnataka
Decided on : May-29-1991
Reported in : [1994]81CompCas19b(Kar)
..... 5 of the agreement of hypothecation, the appellant-bank seized the vehicle. concerning the seizure, a dispute was raised under section 70(2) of the karnataka co-operative societies act, 1959. the matter came up before the assistant registrar of co-operative societies, tumkur. by his order dated april 18, 1983, in dispute no. 37/82-83, ..... no. 20322 of 1984. by his order, the learned single judge (see [1991] 70 comp cas 850 (kar)) held that the power under section 176 of the contract act was not available. therefore, the seizure was illegal and consequently, the writ petition was liable to be dismissed. hence, the appeal. 2. before us, learned counsel for the ..... appellant vehemently submits that having regard to the terms of the hypothecation agreement, particularly clauses 5 and 10 read with section 176 of the indian contract act the bank had every right to seize the vehicle when there was a default in repayment of the loan. the very object of the hypothecation agreement is only to .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-11-1991
Reported in : (1991)99PLR545
..... is that the order has been passed by way of punishment. if that be so, the petitioner can seek their remedy under punjab affiliated colleges (security of service of teachers) act, 1974 (hereinafter called the act) to show to the concerned authority that the order was by way of punishment and passed in violation of sections 3, 4 and s of the .....
Tag this Judgment!Court : Allahabad
Decided on : Aug-24-1991
Reported in : AIR1991All383
..... the father of the petitioner held a stage carriage permit no. 318 on ahraura-hindu wari-robertsganj punnuganj route. a notification under section 68d(3) of the motor vehicles act, 1939 was issued sometimes in 1961 declaring varanasi-pipri viz. mirzapur route as a notified one. a portion between hinduwari and robertsganj formed part of the said route ..... robertsganj punnuganj route. it appears that upon the demise of the petitioner's father the said permit was transferred to the petitioner under section 61 of the motor vehicles act, 1939, the view taken by the competent authority is that since the petitioner himself did not hold the permit on the portion of the route namely, hinduwari- ..... 3) was issued he will not be considered to be a 'permit holder' within the meaning of section 5 of the u. p. motor vehicles (special provisions) act, 1976 con-sequently he cannot get any advantage of that provision.5. in our opinion the competent auth-ority has taken a very stringent view of the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-26-1991
Reported in : AIR1992P& H212
1. The question involved in this case is as to whether document Exhibit P-7 is a licence deed or a lease deed. Both the Courts below holding the same to be a licence deed decreed the suit for possession of the shop as well as for recovery of Rs. 10,080/-, the amount of licence fee. This appeal is by the defendants.2. The property in dispute is described as shop No. 3 forming part of property No. 732 situated on Rishi Daya Nand Road, Ludhiana. Dr. Ravinder Kumar Sharma plaintiff is the owner of the property. He filed the suit for possession of the shop and for recovery of Rs. 10,080/- on account of compensation for use and occupation of the shop for the period from 1-1-1980 to 31-12-1982 at the rate of Rs. 280 per mensem. ManoharWati, mother of the plaintiff, was the original owner. She had gifted the shop in dispute to the plaintiff vide gift-deed dated 29-12-1975. Earlier Madan Lal was carrying on the business of General Provisions (Karyana) in the shop in dispute as a licensee with e...
Tag this Judgment!Court : Kerala
Decided on : Jan-25-1991
Reported in : [1991]188ITR727(Ker)
..... effect is the decision in sowdagar ahmed khan v. ito : [1968]70itr79(sc) . the supreme court found that initiation of proceedings under section 34(1)(a) (1922 act) would be valid, if material is available to form 'the prima facie belief that the assessee had omitted to disclose fully and truly all material facts.'section 148 requires the ..... . there is no requirement in any of the provisions of the act or any section laying down as a condition for the initiation of the proceedings that the reasons which induced the commissioner to accord sanction to proceed under section 34 must ..... reasons of the income-tax officer and for obtaining the sanction of the commissioner are administrative in character and are not quasi-judicial. the scheme of section 34 of the act is that, if the conditions of the main section are satisfied, a notice has to be issued to the assessee containing all or any of the requirements. . . .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-03-1991
Reported in : [1993]202ITR303(KAR); [1993]202ITR303(Karn)
..... decision. 5. the instant case has nothing to do with section 64. the claim now is under section 32 of the income-tax act, 1961, and the question is whether the nursing home is a ' building ' or ' plant ' used for the purposes of the ' profession '. 6. in several decisions, a functional test has been ..... the context of section 64(1), wherein both the husband and wife were doctors who formed a partnership firm to run the nursing home. for the purposes of the partnership act, the definition of ' business ' included a profession also ; but, in the context of section 64(1), the word ' business ' would not include profession. this is the ratio of the said ..... k. shivashankar bhat, j. 1. the question referred to us under the provisions of the income-tax act, 1961, reads thus : ' whether, on the facts and in the circumstances of the case, the assessee is entitled to depreciation at ten per cent. on the nursing home building on .....
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