Court : Supreme Court of India
Decided on : Nov-14-2006
Reported in : AIR2007SC129; 2007CriLJ295; JT2006(10)SC174; 2006(11)SCALE477
..... discussion, we allow these appeals, set aside the impugned orders of the high court and affirm the view taken by the trial court and convict the accused appellant under section 304, part-ii, i.p.c. and maintain the sentence of seven years' rigorous imprisonment with a fine of rs. 2000/-, in default to further undergo rigorous ..... the prosecution examined 11 witnesses. after close of the trial, learned sessions judge by his judgment dated 6.11.2001 convicted accused appellant ranbaj singh and mohan singh under section 304, part-ii, ipc and sentenced them to undergo rigorous imprisonment for seven years each and to pay a fine of rs. 2000/-. in default of payment of ..... and pal singh was taken to guru nanak dev hospital, amritsar where he was admitted as an indoor patient and his statement was recorded and formal fir under section 307 read with section 34, indian penal code (to be referred to as 'the ipc') was registered against all the accused persons at police-station, raja sansi. on 23.12 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-15-2006
Reported in : AIR2007SC1214; 2007(2)ALD106(SC); 2007(1)ALLMR(SC)929; (2007)1CompLJ248(SC); 2007(1)CTC687; [2007(2)JCR292(SC)]; 2007(1)KLT199(SC); (2007)2MLJ260(SC); 2006(12)SCALE465
..... the demand was raised, the same cannot be maintained being in violation of the principles of natural justice. 7. question as to when action in terms of section 26(6) of the act is to be taken has been considered by this court in many cases. (see bombay electricity supply and transport undertaking v. laffans (india) (p) ltd ..... question of any tampering. it was, therefore, prayed that reference should be made to the electrical inspector for action in terms of section 26(6) of the indian electricity act, 1910 (in short 'the act'). it was further submitted that notice was to be given before raising of demand. this was stated to be in line with principles ..... redressal commission, new delhi (in short the 'commission'). by the impugned order, the commission dismissed the revision petition filed in terms of section 21 of the consumer protection act, 1986 (in short the 'act').3. background facts in a nutshell are as follows: the respondent is a consumer of electricity and a meter was installed by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-15-2006
Reported in : 2006(204)ELT517(SC); 2006(12)SCALE425
..... the circular dated 14.07.1994 and, therefore, the circular had no application to the facts of this case. he would further submit that under section 37b of the act, the board is empowered to issue instructions to central excise officers for the purpose of uniformity in the classification of eligible goods which instructions, are ..... required to be followed by such officers. however, under proviso a to section 37b, an exception is made. the said proviso states that the said instructions, orders ..... , under proviso b, such instructions shall not in the discretion of the commissioner of central excise (appeals), discharging appellate functions. in view of the proviso to section 37b, the said circular dated 14.07.1994 issued by the board was not applicable to the facts of the said case. therefore, he would submit the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-2006
Reported in : 2007(9)SCALE89
..... 7 of the agreement contained the arbitration clause, as referred to hereinbefore. it is this clause which is sought to be enforced. 10. section 11 of the 1996 act provides for appointment of arbitrators. sub-section (2) of section 11 postulates that the parties are free to agree on a procedure for appointing the arbitrator or arbitrators, subject, of course, to the ..... denied by other regarding the right under clause 4, and thus there arises a dispute pending resolution by arbitration, it will be in excess of jurisdiction under section 9 of the act to permit the party to sell the goods and thus enforce the contract. it has to be borne in mind that clause 7 gives the power to ..... and/or validity of the said order was questioned by respondent no.3 by preferring appeal there against before the high court of kerala in terms of section 37 of the 1996 act.6. the division bench of the kerala high court by its order dated 01.12.2005 opined that the learned district court exceeded its jurisdiction in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-2006
Reported in : AIR2007SC425; JT2007(1)SC45; 2007(1)KLT76(SC); 2006(12)SCALE338; [2009]91SCL183(SC)
..... s meeting of july 3, 1963 including the revision of the draft minutes were all in accordance with the provisions of the act and the university statutes and therefore the chancellor had no jurisdiction under section 9(4) of the act to annul the decision of the syndicate or the proceedings of the meeting of july 3, 1963. above being the position, ..... validly taken particularly as none present then had raised any protest against the alteration. the decision relied on by mr. jha in in re botherham alum and chemical company 1884 (25) c.d.103 is altogether on a different question and cannot be of any assistance.since the vice-chancellor was right in his understanding that what had been ..... decided at the meeting of may 7, 1963 was not to accept the commission's recommendation and since such refusal to accept meant under section 26(4) that the matter should be sent back to the commission for recommendation, his action in asking the commission to reconsider clearly fell under .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2006
Reported in : 2007(1)ALT29(SC); 2006(4)ARBLR288(SC); JT2006(10)SC629; 2006(12)SCALE149
..... bench observed that no such finding had been arrived at by the arbitrator. on such finding, the division bench allowed the appeal and also the application under section 34 of the 1996 act. consequently, the impugned order of the learned single judge and the award passed by the learned arbitrator were both set aside. 10. 12:20 pm 11/ ..... particular rules 43(2) and 16(2) thereof. the learned single judge appears to have been of the view that by participating in the proceedings under section 11 of the 1996 act and no objection having been made to the appointment of an arbitrator despite the submission of a no claim certificate by the appellant, the award did not ..... . 79,000/-. the same was received by the appellant under protest.6. as no objection was taken by the respondent to the appellant's application under section 11 of the 1996 act or with regard to the submission of the no claim certificate by the appellant at the time of receiving the security deposit, the learned single judge of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2006
Reported in : 2007(2)ALLMR(SC)927; (2007)1CALLT102(SC); I(2007)DMC105SC; JT2006(10)SC288; (2007)148PLR76; 2006(11)SCALE313; (2007)2SCC220
..... the parties and they are eager to dissolve the matrimonial tie so that they can rearrange their lives well in time. we, therefore, in the spirit of section 13b of the act, and in view of the fact that all hopes to unite them together have gone, hereby grant to the parties divorce by a decree of dissolution by ..... mutual consent. strictly speaking, the preconditions of such claim have not been laid inasmuch as a petition to that effect has not been filed under section 13b of the hindu marriage act, 1955 (the act) before the first matrimonial court, and that the statutory period of 6 months has not even commenced. be that as it may, it stands ..... a transfer petition praying that matrimonial suit no. 437 of 2002 titled as 'kajal kumar ghosh v. sanghamitra ghosh' filed by the respondent-husband under section 9 of the hindu marriage act, 1955 for restitution of conjugal rights and pending in the court of district judge, barasat be transferred to the court of competent jurisdiction at bangalore.4. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-2006
Reported in : [2007(112)FLR636]; [2007(2)JCR132(SC)]; JT2006(10)SC549; 2007(1)KLT133(SC); (2007)IILLJ3SC; (2007)147PLR191; 2006(12)SCALE171; (2007)1SCC584
..... months, if not already done; (2) they shall deposit 25% of the amount claimed with the e.s.i. court along with the application in terms of sections 75 & 76 of the act before the e.s.i. court.(3) the e.s.i. court shall determine the quantum of contribution, if any, payable and consider the question as to whether ..... of the records after five years, as per the regulation, would not debar the corporation to determine the amount of arrears. therefore, if the provisions of section 45a are read with section 45b of the act, then, the determination made by the corporation is concerned. it may not be final so far as the employer is concerned, if he chooses to challenge ..... . thus, the legislature, in its wisdom, did not want to impose by fetter or limitation on the corporation to recover the amounts by coercive process under chapter v.17. section 68 of the act has been elaborately dealt with by this court in bharat barrel and drum mfg. co. ltd. and anr. v. e.s.i. corporation : (1971)iillj647sc . it was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2006
Reported in : (2007)1CompLJ215(SC); I(2007)CPJ4(SC); 2007(1)CTLJ71(SC); 2006(12)SCALE531; (2007)1SCC228; [2006]72SCL443(SC)
..... complaint is confined to a breach of contract. purchases on the part of respondent must necessarily relate to one or the other trade practices contemplated under sub-section (1) of section 12b of the act.20. the question came up for consideration before this court in colgate palmolive (india) ltd. v. mrtp commission and ors. : air2003sc317 and hindustan ..... forfeited the security deposit. it was held by this court that forfeiture of earnest money under a contract for sale of property does not fall within section 70 of the contract act, if the amount is reasonable, because the forfeiture of a reasonable sum paid as earnest money does not amount to the imposition of a penalty. ..... receipt of this order and file an affidavit of compliance within two weeks thereafter.appellant, who appeared in person, submitted that in the instant case section 36a of the act was clearly attracted as the action on the part of dlf would come within the purview of the expression 'for the purpose of promoting the sale .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2006
Reported in : AIR2007SC1019; 2006(12)SCALE354; 2007AIRSCW807; (2007)2SCC(Cri)567; (2007)1Crimes120(SC); 2007(1)KCCR481(SC)
..... . they were also found guilty under section 27 of the arms act and were convicted to undergo rigorous imprisonment for one year. the appeals preferred by the appellants have been dismissed by a division bench of the high court.4 ..... was not seized, the question of examination of any ballistic expert would not arise. [see nirmal singh and anr. v. state of bihar : 2005crilj672 .16. section 45 of the indian evidence act, 1872 reads as under:45. opinions of experts.-when the court has to form an opinion upon a point of foreign law or of science or art, or ..... or on the basis of the evidence adduced by the prosecution and in particular the deposition of the eye- witnesses found the appellants guilty of commission of an offence under section 302/34 of the indian penal code and sentenced them to undergo rigorous imprisonment for life. a fine of rs.5,000/- was also imposed upon each of them .....
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