Court : Supreme Court of India
Decided on : Apr-18-2006
Reported in : AIR2006SC1975; 2007(2)ALD20(SC); 2006(3)AWC2373(SC); 2007(3)BomCR869; (SCSuppl)2006(4)CHN1; 2007(1)CTC334; JT2006(5)SC72; 2007MPLJ1(SC); RLW2007(1)SC636; 2006(4)SCALE436; (2007)1SCC546
..... may be, must yield to clear and express provisions of the law. if in reaching its decisions in second appeals, the high court contravenes the express provisions of section 100, it would inevitably introduce in such decisions an element of disconcerting unpredictability which is usually associated with gambling; and that is a reproach which judicial process must ..... decided by the privy council and this court to clearly understand the ambit and scope of section 100 before amendment.27. the amendment act of 1976 has introduced drastic changes in the scope and ambit of section 100 c.p.c. a second appeal under section 100 c.p.c. is now confined to cases where a question of law is ..... involved and such question must be a substantial one. section 100, as amended, reads as under:100. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-20-2006
Reported in : AIR2006SC1846; 2006(4)KarLJ369; 2006(4)SCALE398; (2006)4SCC683
..... the notification of acquisition. the concerned authority also heard them on the objections filed after affording them an opportunity to file such objections under section 28(2) of the kiad act. thus, there is no substance in the contention of the appellants that the notification was vague and hence that the state did not comply ..... impugned on this point. we are, therefore, unable to accept the contention that notices were not served on the appellants as required under section 28(1) of the kiad act.vagueness of notice of acquisition62. the next contention is that the notice of acquisition was vague and consequently prejudiced any effective objection being made ..... us, the contentions raised before the high court and us were principally as under: first, that no notice was served on the landowners under section 28(1) of the kiad act; secondly, that the notice of acquisition was vague and consequently prejudiced any effective objection being raised by the landowners whose lands were sought to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-2006
Reported in : AIR2006SC2382; 2006(4)SCALE519
..... state, delegate to the chief revenue authority or the excise commissioner all or any of its powers under the said act except the power conferred by section 62 to make rules.16. rule 4 provides for formation of groups of liquor shops; clause (iii) whereof ..... regarding excise character commissioner verification------------------------------------------------------------------------------------------1 2 8 11 12------------------------------------------------------------------------------------------1. shri amit singhal, 1. domicile certificate, enclosed directions ganjpara, 2. higher sec. 35-36 issued for time respondent no. 3 certificate, 3.telephone bound bill proceedings on 32-34 14.05.2005, meeting held ..... the same addresses, fictitious persons might have been granted licences.statutory provisions15. the act was enacted to consolidate and amend the excise law in the state of chhattisgarh. section 7(e) of the act provides that the state government may, by notification, for the whole or for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-2006
Reported in : AIR2006SC1923; 2006(4)BomCR745; [2008]142CompCas421(SC); [2006(109)FLR1081]; (2006)IILLJ759SC; 2006(4)MhLj417; 2006(5)SCALE17; (2006)5SCC96; [2006]70SCL351(SC)
..... view has been expressed in several cases in other jurisdictions. thus in hartman v. hornsby 142 mo 368, 44 sw 242 it was said 'ratification'' in the approval by act, word, or conduct, of that which was attempted (of accomplishment), but which was improperly or unauthorizedly performed in the first instance'.8. in the present case, the ..... that action which, though unauthorized, was done on behalf of the company. ratification would always relate back to the date of the act ratified and so it must be held that the services of the appellant were validly terminated on december 17, 1953.the view expressed has been recently approved in ..... the point is that even assuming that the chairman was not legally authorized to terminate the services of the appellant, he was acting on behalf of the company in doing so, because, he purported to act in pursuance of the invalid resolution. therefore, it was open to a regularly constituted meeting of the board of directors to ratify .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2006
Reported in : AIR2006SC1999; 2007(1)AWC263(SC); (SCSuppl)2006(4)CHN45; 2006(3)CTC53; JT2006(5)SC223; (2006)3MLJ43(SC); 2006(4)SCALE558; (2006)5SCC119
..... h.l. joshi.vii. smt. shanti devi d/o shri h.l. joshi2. in 1984, the 1st respondent herein filed an application purported to be under section 276 of the indian succession act, 1925 ('the act', for short) for grant of probate in respect of the said will. objections were filed thereagainst. by an order dated 28.2.1996, the learned additional district ..... the will at the hands of the high court. the high court, therefore, was first required to determine the validity or otherwise of the said will. sections 81 and 89 of the indian succession act read thus:81. extrinsic evidence inadmissible in case of patent ambiguity or deficiency.-where there is an ambiguity or deficiency on the face of a will, no .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2006
Reported in : AIR2006SC1933; 2006CriLJ2464; JT2006(5)SC138; 2006(4)SCALE606; (2006)9SCC428
..... been taken by the appellant, it is not disputed, that the court at no stage had gone into the question as regard the age of the appellant.sub-section (1) of section 32 of the act provides for presumption and determination of age in the following terms:32. presumption and determination of age.- (1) where it appears to a competent authority that a ..... the commission of the offence is taken for the first time in this court, then this court should proceed with the hearing of the appeal, as required by section 26 of the juvenile act and should record a finding in respect of the charge which has been leveled against such an accused. if such an accused is acquitted, there is no ..... of the court to put any reliance on it. learned defence counsel has also not referred to any provision of law for accepting its authenticity in terms of section 35 of the evidence act. the entries made in such a register cannot be taken as a proof of age of the accused for any purpose.10. we are, however, not oblivious .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2006
Reported in : AIR2006SC2172; 2006(4)ALD41(SC); 2006(3)AWC2392(SC); (SCSuppl)2006(4)CHN26; 2006(3)CTC108; [2007(1)JCR218(SC)]; (2006)3MLJ131(SC); 2006(4)SCALE491; (2006)11SCC587
..... rather limited. unless the factual finding is perverse, contrary to material on record, there is practically no scope for interference.14. despite amendment by the amending act 104 of 1976, section 100 cpc appears to have been liberally construed and generously applied by some judges of various high courts with the result that the drastic changes made in ..... that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint he should not be denied the relief. 11. section 16(c) of the act mandates the plaintiff to aver in the plaint and establish as the fact by evidence aliunde that he has always been ready and willing to perform ..... . the d.l.f. housing and construction (private) ltd. and anr. : [1968]3scr648 .9. the requirements to be fulfilled for bringing in compliance with section 16(c) of the act have been delineated by this court in several judgments. before dealing with the various judgments it is necessary to set out the factual position. the agreement for sale .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2006
Reported in : AIR2006SC2407; 2006CriLJ3272; 2006(4)SCALE591; (2006)9SCC414
..... service but not in the discharge of his duty and without any justification therefore then the bar under section 197 of the code is not attracted.... there must be a reasonable connection between the act and the discharge of official duty; the act must bear such relation to the duty that the accused could lay a reasonable (claim), but not ..... nature is concerned. for instance a public servant is not entitled to indulge in criminal activities. to that extent the section has to be construed narrowly and in a restricted manner. but once it is established that an act or omission was done by the public servant while discharging his duty then the scope of its being official should ..... of his service and that it should have been in discharge of his duty. the section does not extend its protective cover to every act or omission done by a public servant in service but restricts its scope of operation to only those acts or omissions which are done by a public servant in discharge of official duty. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-2006
Reported in : AIR2006SC2056; [2007(1)JCR237(SC)]; JT2006(5)SC295; (2006)IILLJ899SC; 2006(4)SCALE612; (2006)9SCC488
..... industrial tribunal makes the position clear that there was no such dispute. additionally, learned single judge introduced a concept of consent which is foreign to section 25ff of the act. the division bench not only erred in affirming the conclusions of the learned single judge, but also without any challenge before the tribunal or before ..... the length of their service and guarantees to them payment of compensation, if retrenchment were made, on the basis of their continuous employment, then section 25ff of the act would not apply and the workmen concerned would not be entitled to claim compensation merely by reason of the transfer. it is common ground that the ..... the length of their service and guarantees to them payment of compensation, if retrenchment were made, on the basis of their continuous employment, then section 25ff of the act would not apply and the workmen concerned would not be entitled to claim compensation merely by reason of the transfer. it is common ground that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-27-2006
Reported in : JT2006(6)SC120; 2006(4)MPHT218
..... evidence on record opined as under:thus, it is established that respondent removed the underwear of prosecutrix and sat upon her. this will not be a case under section 354 ipc. it is well settled that in sexual offence need of corroboration of prosecutrix evidence is not necessary. if court is satisfied and is convinced that the ..... culprit commences to do something with the intention of committing the offence and which is a step towards the commission of the offence. the moment he commences to do an act with the necessary intention, he commences his attempt to commit the offence. the word 'attempt' is not itself defined, and must, therefore, be taken in its ordinary ..... it, and from preparation made for its commission. mere intention to commit an offence, not followed by any act, cannot constitute an offence. the will is not to be taken for the deed unless there be some external act which shows that progress has been made in the direction of it, or towards maturing and effecting it. intention .....
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