Court : Delhi
Decided on : May-11-2006
Reported in : 131(2006)DLT322; 2006(89)DRJ500
..... contended that the suit was one of implicate partition of the property and was maintainable; the subject matter of the suit was not covered under the provisions of section 60 of the act and it was argued that the learned trial court has fallen in error of law in arriving at the above conclusion and the judgment of the trial court ..... and thereafter the share has been transferred in the name of the defendants after the death of their father. it is stated that in view of the provisions of section 60 of the act, the suit was barred and thus, the same be dismissed. reply to this application was filed. the learned trial court vide its judgment and order dated 13. ..... costs. it is contended that this approach of the learned trial court is contrary to the settled principles of law. thus, the question arises, whether the bar of section 60 of the act was attracted in the facts and circumstances of the present case? 2. parties to the suit are brothers. they all were living at house no. 43, suraj nagar .....
Tag this Judgment!Court : Delhi
Decided on : Nov-01-2006
Reported in : I(2007)BC530; 2007CriLJ2262
..... . according to him, the debt or other liability was legally enforceable and, thereforee, fell within the meaning ascribed to debt or other liability under section 138 of the said act.7. the question which requires to be answered is:whether the cheque for rs.80,000/- issued by the petitioner in favor of the respondent ..... means a legally enforceable debt or other liability. hence, only a claim arising out of an enforceable debt or other liability will constitute an offence under section 138 of the act.accordingly, the learned counsel for the petitioner, placing reliance on the aforesaid decision, submitted that the conviction of the petitioner would be bad in law ..... interpreted that any debt or liability arising out of a contract or promise, which is unlawful or not legally enforceable, would not constitute an offence under section 138 of the act.8. in words and phrases vol. 14a, the term 'enforceable' is defined as 'not invalid as contrary to public policy because bargaining contrary to the .....
Tag this Judgment!Court : Delhi
Decided on : Aug-04-2006
Reported in : 2006(5)CTC627; (2006)205CTR(Del)627; [2006]286ITR357(Delhi)
..... the issue in accordance with law after giving a full opportunity to the assessed.4. the assessing officer accordingly took up fresh assessment proceedings under section 254 read with section 143(3) of the act. he gave fresh opportunity to the assesee to substantiate the claim regarding the deposit of rs. 2,55,000/-. the assessed was provided with ..... or the explanationn offered by him is not found to be satisfactory, the sum so credited can be charged to income tax as income of the assessed.8. section 68 of the act has been considered and interpreted on various occasions by this court. in commissioner of income tax v. sophia finance limited : [1994]205itr98(delhi) , the full ..... capacity to make such a gift.10. in premnath goel & co. v. commissioner of income tax : [2004]271itr390(delhi) , this court held as follows:section 68 of the act requires an assessed to prove the credits appearing in his books of account, as to the nature and source of such amounts, so that if the explanationn furnished .....
Tag this Judgment!Court : Delhi
Decided on : Nov-08-2006
Reported in : 2009(93)DRJ70
..... itender singh chadha (supra) was that on the one hand, it was argued on behalf of the petitioners therein that the metropolitan magistrate had acted in violation of the provisions of section 319 of the code by taking cognizance against the accused petitioners without recording any evidence whatsoever. on the other hand, the learned counsel for ..... on trial.in para 11 of the decision in kishun singh (supra), the supreme court made it clear that upon a plain reading of sub-section (1) of section 319 there can be no doubt that it must appear from the evidence tendered in the course of any inquiry or trial that any person not ..... of investigation on receipt of information of a cognizable offence continuing the investigation culminating in the submission of a police report otherwise styled as charge-sheet under section 170 to the magistrate having jurisdiction, which would imply the end of investigation. according to the supreme court in lakshmi brahman (supra):subsequent proceeding before the .....
Tag this Judgment!Court : Delhi
Decided on : May-11-2006
Reported in : 132(2006)DLT107; 2006(90)DRJ309
..... new delhif.9(24)/2005/l&b;/la/1257dated: 03/05/06to,the presidentresidents welfare associationvillage tughlkabadtehsil kalka ji, new delhi.subject:application under section 48 of the land acquisition act for denotification of land situated in village tughlkabadsir,with reference to your representation dated 28.1.2005 addressed to the hon'ble lt. governor on ..... court:(a) in the facts and circumstances of the case whether the respondents can be directed to consider the representation of the petitioners under section 48 of the land acquisition act, more so favorably, and if so, to what effect and till then claimed possession of the petitioners be protected by the court?(b) ..... the concerned authorities. lastly, it is prayed that, as per policy of the government, respondent should be directed to take a decision under section 48 of the land acquisition act for releasing and denitrifying the acquired land from the award dated 28th january, 1968 and take a fresh decision in all aspects of the prayers .....
Tag this Judgment!Court : Delhi
Decided on : Jul-31-2006
Reported in : II(2007)BC147; 138(2007)DLT259; 2009(93)DRJ831
..... in this regard within one week. 8. in the meantime, the plaintiff sent advance copy of an application being i.a. no. 8642/2000 dated 7th august, 2000, under section 151 of the code of civil procedure to counsel for the defendant no. 2 by registered acknowledgment due post. in this application, it was contended that the defendant nos. 1 ..... the nature of the suit or the jurisdiction of the courts. a summary suit is a suit based on documents. if the document itself is not admissible or cannot be acted upon for any reason, the summary suit would not lie. in 1989 mlj 310 : 1988 90 blr 560 entitled yogendra patwardhan v. khandelwal hermann electronics ltd., it was ..... one day in filing the memo of appearance and leave to defend the suit. 2. the plaintiff herein is a private limited company incorporated under the provisions of the companies act, 1956. it is the claim of the plaintiff that it had been approached by the defendant no. 1/company for grant of financial assistance in the form of bill .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-2006
Reported in : 2007(94)DRJ243
..... appears that he had his own private practice elsewhere. their mother mrs. mahima anand (the deceased) resided with them. 4. according to the statement given by the appellant under section 313 of the code of criminal procedure (for short the crpc), his mother had earlier worked in dr. raktima anand's house. the appellant's wife had thereafter worked ..... and nostrils.11. on these broad facts arrived at on the conclusion of investigations, a challan was filed and the appellant was charged with having committed offences punishable under section 451, 394 and 302 of the ipc. 12. the appellant pleaded not guilty with the result that the case went to trial in which the prosecution examined 18 witnesses ..... . why is this so?43. moreover, we find that if the intention of the appellant was to run away (as it appears to be), the police would have acted with alacrity so that the appellant does not get on to a train and leave delhi. from the facts that have been placed before us, it appears that the police .....
Tag this Judgment!Court : Delhi
Decided on : Jul-13-2006
Reported in : 131(2006)DLT147; 2006(90)DRJ576
..... rather than the one which would frustrate the same. the entire scheme underlining the code is intended to do substantial justice and decide the suits expeditiously. the provisions of section 24(5) are intended to transfer a suit where it is being tried or is pending at any stage before a court of no jurisdiction. the provisions of order ..... but also dismissed the suit as not maintainable. as the suit was dismissed vide judgment dated 4.4.06, the appellants have filed the present regular first appeal under section 96 of the code of civil procedure before this court.4. the learned counsel appearing for the appellants contended that the impugned judgment is contrary to the settled principles ..... a) are pending before the court per se will not oust the jurisdiction of the court to pass an order under section 24 of the code. loss of pecuniary jurisdiction may result from operation of law or by an act of a party by its own violation.10. reference can also be made in this regard to the judgment of .....
Tag this Judgment!Court : Delhi
Decided on : Sep-08-2006
Reported in : 2006(91)DRJ501
..... follows:'the question however remains whether in the circumstances of the case, the offence was one of murder or whether it comes within the fifth exception to section 300. the learned public prosecutor does not support the finding of the learned sessions judge that the offence proved against the appellant was murder. the evidence in ..... found there. from the inspection of the place and the contents of the notes it was revealed that smt. shama was murdered. and as such offence under section 302/309 ipc was made out. accordingly, case was got registered and the investigation was taken up by the inspector.during investigation the place was got photographed; ..... claim to have noticed anything suggesting that the deceased had resisted strangulation. that circumstance also shows that she had consented to the act of her husband.17. on the applicability of exception 5 to section 300 ipc we may usefully refer to a judgment of madras high court reported as re. naina muthu kannappan air 1940madras 138, .....
Tag this Judgment!Court : Delhi
Decided on : Jan-12-2006
Reported in : 128(2006)DLT413; 2006(90)DRJ449
..... .(iv) the return of the plaint for want of jurisdiction whether pecuniary or territorial cannot be equated to the transfer of the suit or proceedings either by virtue of section 24 cpc or owing to any other statutory change.3. the background of the passing of the said order is that, initially, the plaint was filed by the ..... makes an attempt to impede or undermine or obstruct the free flow of the unsoiled stream of justice, renders himself liable to be dealt with in accordance with the act and no court should ignore such conduct which has the tendency to for sake public confidence in the judicial institutions. he also referred to the madras high court decision ..... was in consonance and in compliance with the order dated 22.11.2004, implying thereby that the amendments carried out were authorized by this court. according to him, these acts on the part of the plaintiffs amounted to a clear case of contempt. mr. amarjit singh also contended that in is no.3124/2005 filed by the plaintiffs under .....
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