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Evidence Act Section 114 E - Judgment Search Results

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Mar 27 2009

Commissioner of Customs and Central Excise Vs. Hongo India (P) Ltd. an ...

Court: Supreme Court of India

Decided on: Mar-27-2009

Reported in: (2009)5SCC791

conclusion, we confirm the decision of the High Court. Hence, all the appeals are accordingly dismissed. No costs. Section 114 & Order 47, Rule 1: [K.G. Balakrishnan, C.J. & P. Sathasivam & J.M. Panchal, JJ] Inherent powers Correction … acts and proceedings are to be enrolled in a perpetual memorial and testimony. A court of record is undoubtedly a superior court which is itself … in the Act for condoning delay particularly in Section 35H in lieu of Section 29(2) of the Limitation Act, Section 5 of the Limitation Act is applicable and the High Court ought to have exercised its power by … of the reference application under unamended Section 35 H(1) of the Central Excise Act, 1944 (hereinafter referred to as "the Act") beyond the prescribed period


Apr 04 2000

U.P. State Road Transport Corporation Vs. Mohan Lal Gupta and ors.

Court: Supreme Court of India

Decided on: Apr-04-2000

Reported in: [2000(87)FLR231]; JT2000(10)SC228; (2000)IILLJ1597SC

order of the Labour Court. The termination order as passed by the appellant-Corporation stands restored. No costs. - Section 114: [S.B. Sinha & Markandey Katju, JJ] Presumption Effect - Claim of title Held, Presumption by itself would not … situation at this stage of the proceedings under Article 136 of the Constitution. The finding as regards the proof of charges shall have to be taken as accepted and we do not see any perversity therein, having … order of termination and imposed a minor penalty in regard to gross acts of misdemeanor. Unfortunately, however, by reason of the summary rejection of the … the Constitution filed by the Corporation. The respondent No. 1 being an employee of U.P. State Road Transport Corporation moved the Labour Court against an


Apr 05 2000

Shahzadi Begum Vs. Badrunnissa Begum and anr.

Court: Supreme Court of India

Decided on: Apr-05-2000

Reported in: JT2000(10)SC239

petitions were not decided on merits. Plaintiff as well as the defend ant were also allowed to lead evidence in this matter. The High Court also directed that the status quo as on date should be maintained. … suit will proceed and will be disposed of in accordance with law.10. This appeal is accordingly allowed. - Section 114: [S.B. Sinha & Markandey Katju, JJ] Presumption Effect - Claim of title Held, Presumption by itself would not … on part of other. [2000 AIHC 2029 (AP) Reversed]. -- SPECIFIC RELIEF ACT, 1963 [C.A. No. 47/1963]. Section 34: Suit for recovery of possession Termination … observations made by learned Single Judge of Andhra Pradesh High Court while entertaining an appeal under Order 43, Rule 1 C.P.C. against the order of


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Nov 15 2000

Jeet Singh and anr. Vs. State of Punjab

Court: Supreme Court of India

Decided on: Nov-15-2000

Reported in: JT2001(2)SC70; (2000)9SCC588

the testimony of defence witnesses and found the prosecution story to be reliable on the strength of the evidence adduced by the prosecution witnesses. Accordingly, he reached the conclusion that both the appellants were in possession of … as for each of the appellants. Fine amount will remain undisturbed.13. The appeal is disposed of accordingly. - Section 114: [S.B. Sinha & Markandey Katju, JJ] Adverse inference Non examination of party to suit Held, Adverse inference can … have been convicted by a Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA') for the offence under Section 5 … the case against the appellants is that they were caught red-handed with explosive substances during the untimely hours of 28.10.1992 i.e. around 1.00 a.m. in


Jan 17 2011

Gujarat State Cooperative Agriculture and Rural Development and ors. V ...

Court: Gujarat

Decided on: Jan-17-2011

during the pendency and final decision of this petition will be subject to final outcome of this petition. Section 114 & Order 47, Rule 1: [K.G. Balakrishnan, C.J. & P. Sathasivam & J.M. Panchal, JJ] Inherent powers Correction … Counsel, Mr.Nanavaty that the present petitioner No.1 is a Central Co-operative Bank registered under the Gujarat Cooperative Societies Act, 1961 ('the Act' for short) and other petitioners are newly elected members of Board of Directors of the … Societies Act, 1961 ('the Act' for short) and other petitioners are newly elected members of Board of Directors of the petitioner No.1. Since the petitioner


Feb 11 2011

Bhanu Prokash SrivastavA. Vs. State of West Bengal and ors.

Court: Kolkata Appellate

Decided on: Feb-11-2011

xerox certified copy of this order, if applied for, be given to the parties as expeditiously as possible. Section 114 & Order 47, Rule 1: [K.G. Balakrishnan, C.J. & P. Sathasivam & J.M. Panchal, JJ] Inherent powers Correction … the selection process, condoning his age bar, as his case was pending before this Court and he has acted bonafide pursuant to the decision of the school and spent valuable part of his life. In the event, … Assistant Teacher in one of such sanctioned posts for the subject of Economics on 12th August, 1992. The petitioner has been continuously working in the


May 13 2011

M/S. Herbicides (India) Ltd. Vs. M/S. Shashank Pesticides P.Ltd.

Court: Delhi

Decided on: May-13-2011

effected when it is sent to the correct address by registered post. Similar presumption can be raised under Section 114 (e) of Evidence Act, once it is proved that a letter by registered post was sent at the correct


Apr 08 2003

The Madras Port Trust, Represented by Its Chairman Vs. V. Ramalingam,

Court: Chennai

Decided on: Apr-08-2003

Reported in: (2003)2MLJ382

be dismissed. They are accordingly dismissed. No costs. Connected W.P.M.Ps and C.M.Ps are closed. Service - promotion - Section 114 and Order 43 Rule 1 of Code of Civil Procedure, 1908 and Major Port Trust Act, 1963 - … This judgment will dispose of Review Application No. 68 of 2001 in W.A. No. 1251 of 2000, which emanated from W.P. No. 11938 of 1993. The judgment will also cover C.M.P. No. 13438 of 2001, which is


Nov 22 1956

Smt. Sunder Devi and anr. Vs. Jhaboo Lal and ors.

Court: Allahabad

Decided on: Nov-22-1956

Reported in: AIR1957All215

of considerable importance leave to file a special appeal is granted. Family - succession - Section 114 of Evidence Act, 1872 - Muslim woman living with a Hindu as wife - converted to Hinduism and classed as a … in the shape of a share in a sugar mill and, according to the plaintiffs, also some jewellery etc. The share and jewellery were taken over by defendants 1 to 4 and the suit which has given


Jun 13 2008

Nehru @ Jawahar Vs. State of Chhatisgarh

Court: Supreme Court of India

Decided on: Jun-13-2008

Reported in: AIR2008SC2574; 2008(2)ALD(Cri)387; 2008(56)BLJR2068; 2008CriLJ3490; 2008(9)SCALE437; (2008)7SCC341; 2008(2)LC791(SC)

was of no consequence as she was below 16 years of age. In any event, there was no evidence of any consent. The trial court found the age of the victim to be around 16 years. But … the victim in her cross-examination proved that the plea of consent was without substance - Appeal dismissed - Section 114: [S.B. Sinha & Markandey Katju, JJ] Presumption Effect - Claim of title Held, Presumption by itself would not … on part of other. [2000 AIHC 2029 (AP) Reversed]. -- SPECIFIC RELIEF ACT, 1963 [C.A. No. 47/1963]. Section 34: Suit for recovery of possession Termination … Report was lodged around 11 A.M., and she was sent for medical examination. The accused after his arrest on 12th June, 1988 was sent for


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