Judgment Search Results Home > Cases Phrase: destruction of records act 1917 section 5 saving of certain documents Page 1 of about 127 results (0.061 seconds)

A. Wilson Prince Vs. The Nazar

Court : Supreme Court of India

..... the original petition with connected records were destroyed after complying with the procedure prescribed under destruction of records act, 1917, upon due notification in the nilgiris district gazette. ..... no.15 of 1972 following the procedure prescribed 7 under the destruction of records act, 1917. ..... the contention of the petitioner is that in testamentary matters of this nature, the originals especially the will are always kept in safe custody and cannot be destroyed by applying the destruction of records act, 1917. ..... the probate and obtained it but also filed the inventory in respect of the estate/assets of the deceased as well the final accounts before the court on 20.01.1973 and 09.07.1973 respectively as required under section 317 of the indian succession act, 1925; meaning thereby that the 10 executor settled and disposed of the estate/assets of the deceased as per the will amongst the beneficiaries in the year 1973 itself leaving nothing to be done thereafter ..... this special leave petition is the outcome of the above refusal to supply the documents and the dismissal of the writ petition. ..... the office of the executor, after thorough search, is unable to trace out any document in connection with the above case.17. ..... accordingly, he advised the petitioner and her daughters to obtain the original will and the copy of the probate and other documents from the district court. ..... since the petitioner through the medium of the writ petition seeks relief in respect of the documents of o.p. .....

Lokara Om Kumar Vs. Baikan Satyanarayana and ors.

Court : Andhra Pradesh

Reported in : AIR2007AP3; 2006(5)ALD91; 2007(3)ALT647

..... more a reference to the destruction of records act, 1917 (the act, for brevity) and the rules ..... destruction of records act, 1917, empowers the competent authority; high court ..... they were produced for a period of one year from the date of the final order of the court in the suit or proceeding in which the documents were produced, and shall, at the expiration of that period be destroyed in the manner prescribed by rule 8 infra:provided that notice of destruction shall be given in the manner prescribed by rule 6 infra in the month of january or july succeeding the date of expiry of the period of ..... in the table given in part-b of the appendix, and to facilitate this division, each paper shall, so soon as it is filed with the record, be numbered and marked off in the index as appertaining to one or another of such parts.unfiled documents to be kept apart and destroyed - other documents which have been produced by parties but have either not been tendered in evidence, or having, been tendered in evidence, have been rejected, shall be ..... court is satisfied that the time for preferring an appeal has elapsed and that no appeal has been preferred or, if an appeal has been preferred, when the appeal has been disposed of:provided that a document may be returned at any time earlier than that prescribed by this rule if the person applying therefore-(a) delivers to the proper officer for being substituted for the original,-(i) in the case of a party ..... of powers under section 3(3) of the act, high court .....

Arjun Padhi Vs. State

Court : Orissa

Reported in : AIR1952Ori237; 18(1952)CLT818

..... position in law loss or destruction of records, in courts, would not be infrequent and would encourage unscrupulous persons to see to their destruction. ..... (1845) 42 american decisions 640, a judgment of the court of alabama, and relied upon the following passage in that case :'cases most frequently have occurred in which, by accident, the records of, courts of justice have been destroyed or lost, and it would seem strange if the common law had provided no adequate means by which the injuries growing out of such accidents should ..... two petitions filed under section 561-a of the criminal procedure code by one arjun padhi who stands charged along with certain others for an offence alleged to have been committed under sections 406/34 and 409/34, ..... the succeeding magistrate may act on the evidence recorded by his predecessor and proceed with the trial, or he may re-examine the witnesses and ..... court has to act on its inherent power to restore its record when it has ..... in construing the acts of a legislature we should take for guidance the following remarks which are to be found in dormet's civil law, chapter xii, section 17 page 80 :'since laws are general rules they cannot regulate the time to come, so as to make express provision against all inconveniences, which are infinite in number, and so that ..... that the trying magistrate should substitute certified copies of the despositions already made, and such other records as are available, and act upon that evidence in place of the original.5. .....

ishvar Dadu Patil Vs. Gajabai Babaji Patil

Court : Mumbai

Reported in : (1926)28BOMLR782

..... appears that the judgment has been destroyed (apparently by mistake) along with other old papers of the appeal in may 1921 under the rules framed under the destruction of records act (v of 1917), this mistake is unfortunate: nor has the registrar been able to get any copy of the judgment made about that time for the purpose of the report. ..... v, ghamau, i have done so under a sense of obligation to give effect to our view, in the absence of any decision of the higher tribunal, on the point, particularly as that view has been accepted and acted upon in this presidency since the decision in ramji v, ghamau in 1879, and apparently acquiesced in even prior to it, as the absence of any precedent to the contrary would tend to show, and is based upon the ..... their lordships that, in as much as the authorities in favour of the widow's power to adopt with the assent of her husband's kinsmen proceed in a great measure upon the assumption that his assent to this meritorious act is to he implied wherever he has not forbidden it, so the power cannot be inferred when a prohibition by the husband either has been directly expressed by him, or can be reasonably deduced from his disposition of his property ..... broad fact that certain observations in the ..... in questions of interpretation, whether of a document or a judicial decision or a statute, the common question is as to the intention, in the interpretation of statutes, the question to be answered is what the legislature intended to and did enact; and .....

K.L.D. Nagasree Vs. Government of India, Represented by Its Secretary, ...

Court : Andhra Pradesh

Reported in : AIR2007AP102; 2007(1)ALD553; 2007(1)ALT473

..... the supreme court while observing that the existence of the emergency which is a pre-requisite for the exercise of power under section 5 of the act must be a public emergency and not any other kind of emergency and that as a preliminary step to the exercise of jurisdiction under section 5 the government or the authority concerned must record its satisfaction as to the existence of such an emergency held as under : 'the expression public emergency has not been defined in ..... to privacy can be claimed or has been infringed in a given case would depend on the facts of the said case, the right to hold a telephone conservation in the privacy of one's home or office without interference can certainly be claimed as right to privacy and therefore telephone-tapping would infract article 21 of the constitution of india unless it is permitted according to the procedure established by law.9. ..... review committee is of the opinion that the directions are not in accordance with the provisions referred to above, it may set aside the directions and order for destruction of the copies of the intercepted message or class of messages.12. ..... the charge sheet, list of documents consisting of 55 documents were filed, in which, the order of the government of india dated 17.11.2003 purportedly passed in exercise of the powers under section 5(2) of the indian telegraph act, 1885 (for short, 'the act') read with rule 419-a of indian telegraph rules, 1951 (for short, 'the rules') was filed as document no. 37.4. .....

Ms Ganesh Ram Dokania Represented Thr Its One of the Partners Namely S ...

Court : Jharkhand

..... a public or private agreement or transaction; (2) violation of federal or state antitrust statutes, including those proscribing price fixing between competitors, allocation of customers between competitors, and bid rigging; (3) commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, -8- tax evasion, receiving stolen property, making false claims, or obstruction of justice; or (4) commission of any other offence indicating a lack of business integrity or business honesty that seriously and directly affects your present ..... of failure in the report of bit mesra at annexure-9 referred to hereinabove, also indicated that probably as a consequences of large quantity of flood water gushing through a much contracted cross-sectional area of the river with increased velocity, it would have caused scouring and other effects that resulted in instability of the piers and foundations. ..... submitted that in the standard bidding document of building construction department under the government of jharkhand, there are specific condition incorporated, which provides guidelines for imposition of order of blacklisting for defined period based upon estimated value of loss of work due to negligent acts of the contractor. ..... person from entering into lawful relationship with the government for purposes of gains and that the authority passing any such order was required to give a fair hearing before passing an order blacklisting a certain entity. .....

Registrar of Companies and Others Vs. Dharmendra Kumar Garg and Anothe ...

Court : Delhi

..... fees as may be prescribed:] provided that the rights conferred by this sub-section shall be exercisable- (i) in relation to documents delivered to the ..... (1) [save as otherwise provided elsewhere in this act, any person may]- (a) inspect any documents kept by the registrar [in accordance with the rules made under the destruction of records act, 1917] being documents filed or registered by him in pursuance of this act, or making a record of any fact required or authorised to be recorded or registered in pursuance of this act, on payment for each inspection, of [such fees as may be prescribed]; (b) require a certificate of the incorporation of any company, or a copy or extract of any other document or any part of any other document to be certified by the registrar, [on payment in advance of [such ..... in this reply as well, in respect of certain queries, the pio responded by placing reliance on section 610 of the companies act and gave more or less the same reply, as extracted above. .....

Ram Gopal and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : AIR2007Raj24; RLW2007(1)Raj210; 2006(1)WLC7

..... satisfied with respect to any monument, archaeological site or antiquity, that there is immediate danger of its removal or destruction, it may instead of proceeding under the said sub-sections, by notification in the official gazette and for reasons of its satisfaction to be recorded in such notification, forthwith make a declaration under clause (i), (ii) or (iii), as the case may be, of sub-section (4) in respect of any such monument, archaeological site or antiquity:provided that any person interested in any such ..... the sub-section requires the state government to be 'satisfied' that there is 'immediate danger of its removal or destruction' and after recording its reasons in the notification, forthwith declare ..... any post-notification delay subsequent to the decision of the state government dispensing with an enquiry under section 5-a by invoking powers under section 17(1) of the act would not invalidate the decision itself specially when no mala fide on the part of the government ..... therefore, when the government takes a decision, taking all relevant considerations into account and is satisfied that there exists emergency for invoking powers under sections 17(1) and (4) of the act, and issues notification accordingly, the same should not be interfered with by the court unless the court comes to the conclusion that the appropriate authority had not applied its mind ..... learned counsel would certainly lead to absurdity ..... 'protected monument' has certain consequences. ..... would, certainly, lead .....

Vijaya Bank and ors. Vs. Mohan Das Ramana Shetty

Court : Karnataka

Reported in : [2009(121)FLR281]; 2008(6)KarLJ679

..... forfeiting the gratuity amount, the employer should afford an opportunity to the employee to the extent why his amount of gratuity be not forfeited, which leads to the conclusion that if no material is brought on record to show that the service of the employee was terminated for any act, willful omission or negligence causing damage, loss or destruction of the employer's property, and if the extent of such damage is not quantified, the provisions of section 4(6)(a) do not come into operation. ..... gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to or destruction of property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;(b) the gratuity payable to an employee may be wholly or partially forfeited:(i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; or(ii) if the services of such employee ..... have been terminated for any act which constitutes an offence involving moral turpitude, .....

Vijaya Bank and ors. Vs. Sri Mohan Das Ramana Shetty

Court : Karnataka

Reported in : ILR2008KAR5022; (2009)IILLJ241Kant

..... employee to the extent why his amount of gratuity be not forfeited, which leads to the conclusion that if no material is brought on record to show that the service of the employee was terminated for any act, willful omission or negligence causing damage, loss or destruction of the employer's property, and if the extent of such damage is not quantified, the provisions of section 4(6)(a) do not come into operation.8. the statutory provision for forfeiture of gratuity therefore, must be construed strictly and ..... as the same is liable to be forfeited and to that extent the order of the learned single judge is required to be interfered with.it is apt to refer to section 4(6) of the act in this regard.4(6) notwithstanding anything contained in sub-section (1),:(a) the gratuity of an employee, whose services have been terminated for any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused;b) the gratuity payable to an employee may be wholly .....