Court : Supreme Court of India
Decided on : Mar-08-2006
Reported in : AIR2006SC1367; 2006(1)ALD(Cri)559; 2006CriLJ1694; (2006)2GLR1493; JT2006(3)SC399; 2006(2)KLT350(SC); 2006(I)OLR(SC)721; 2006(3)SCALE104; (2006)3SCC374
..... fix up a court of competent jurisdiction.78. since we have directed re-trial it would be desirable to the investigating agency or those supervising the investigation, to act in terms of section 173(8) of the code, as the circumstances seem to or may so warrant. the director general of police, gujarat is directed to monitor re-investigation, if ..... to depend on intercepted allegations made by the parties, or on inconclusive inference from facts elicited in the evidence. in such cases, the court has to act under the second part of the section. sometimes the examination of witnesses as directed by the court may result in what is thought to be 'filling of loopholes'. that is purely a ..... be allowed an opportunity to cross-examine. the right to cross-examine a witness who is called by a court arises not under the provision of section 311, but under the evidence act which gives a party the right to cross-examine a witness who is not his own witness. since a witness summoned by the court could not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-2006
Reported in : AIR2006SC1561; 2006(196)ELT3(SC); JT2006(3)SC354; 2006(3)SCALE141; (2006)3SCC266; [2006]145STC200(SC)
..... function of the medicine is derived from the active ingredients contained therein and it has certainly a bearing on the determination of classification under the central excise act. as held in amruthanjancase, the mere fact that the ingredients are purified or added with some preservatives does not really alter their character.13. in ..... shishu rakshan tel11. (xxvii)puma neem tulsi2. the appellant has a licence to manufacture these and other products from the drug controller under the drugs and cosmetics act. according to the learned counsel for the appellant all the above items are produced from ingredients found in ayurveda text books. they are manufactured as per the ..... appellant fall within the category of medicaments or cosmetics. answer to this question determines as to whether the goods are classifiable under the central excise tariff act, 1985 as cosmetics under chapter 33 or as medicaments under chapter 30. as cosmetics the rate of excise duty is quite high while as medicament the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-09-2006
Reported in : AIR2006SC1410; 2006CriLJ1691; 2006(2)JKJ1[SC]; JT2006(3)SC452; 2006(3)SCALE156; (2006)9SCC272; 2006(1)LC657(SC)
..... undergo further imprisonment for a period of six months. respondent no. 2 - s. prithpal singh was convicted under section 302 ipc and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/-, in default to undergo further imprisonment for a period of six months ..... b.n. agarwal, j.1. respondent no. 1 - s. mohan singh was convicted by the trial court under section 302 read with section 34 of the indian penal code (hereinafter referred to as 'ipc') and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/-, in default to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2006
Reported in : JT2006(3)SC544; (2006)143PLR159; 2006(3)SCALE178; (2006)3SCC620; [2006]145STC350(SC)
..... 2 ch. 1]. a retrospective effect to an amendment by way of a delegated legislation could be given, thus, only after coming into force of sub-section (2a) of section 64 of the act and not prior thereto.35. by reason of note 2, certain rights were conferred. although there lies a distinction between vested rights and accrued rights as by ..... dates. furthermore, on 6.09.1996, civil construction work started at site. plans submitted by the appellant for getting permission for storage of hexane were sanctioned by the explosives department on 19.9.1996 and licence was finally given on 11.3.1997. on 26.09.1996, process of installation of the plant started at the site. on ..... a promise. it was held:in this case the scheme being notified under the power in the state government to grant exemptions both under section 15 of the rst act and section 8(5) of the cst act in the public interest, the state government was competent to modify or revoke the grant for the same reason. thus what is granted .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2006
Reported in : AIR2006SC3453; 2006(4)MhLj742; (2006)4SCC372
..... that these judgments indicate that in the event of what the learned counsel called 'dotted line contract', it was open to this court to act under section 11(6) of the act to appoint an independent arbitrator by taking into account the fitness of the arbitrator and that the fitness of the arbitrator to handle the specific ..... under that procedure.6. although the learned counsel for the petitioners contended that this is a situation falling within the contemplation of clause (c) of section 11(6) of the act, namely that the institution i.e. irc failing to perform the function entrusted to it under the appointment procedure. i am not satisfied. under ..... e.v. narayanan during the arbitral proceedings in the above dispute'.5. the situation is one of an international commercial arbitration within the meaning of section 2 of the act, inasmuch as the petitioner is registered in a country outside india and the contract envisages legal relationship considered as commercial under the indian laws and a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-20-2006
Reported in : AIR2006SC1784; 2006(2)AWC1704(SC); [2006(109)FLR530]; [2006(3)JCR149(SC)]; (2006)IILLJ280SC; 2006(3)SCALE296; (2006)9SCC292; 2006(3)SLJ92(SC)
..... of operating them at and from different stations. apart from questioning the legality of the claims preliminary objection to the maintainability of the applications under section 33c(2) of the act was raised. the labour court, however, did not accept the same and held that the applications were maintainable, relying on certain earlier adjudications ..... full back wages or with continuity of employment. such questions can be appropriately examined only in a reference. when a reference is made under section 10 of the act, all incidental questions arising thereto can be determined by the tribunal and in this particular case, a specific question has been referred to the ..... factual scenario is entirely different in the cases at hand. right from the beginning the appellants have been questioning the maintainability of the petitions under section 33c(2) of the act. in view of the settled position in law as delineated above, the appeals deserve to be allowed which we direct. in the peculiar .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2006
Reported in : AIR2006SC1675; 2006(2)AWC1057(SC); 2006(5)BomCR240; 2006(2)CTC510; 128(2006)DLT360(SC); I(2006)DMC489SC; (2006)3GLR2182; [2006(3)JCR128(SC)]; JT2006(3)SC491; 2006(4)MhLj242; (2006)4SCC558
..... absolutely essential to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other ..... this court under article 142 of the constitution of india, the court allowed the application for divorce by mutual consent filed before it under section 13b of the hindu marriage act and declared the marriage dissolved and granted decree of divorce by mutual consent.52. in prakash chand sharma v. vimlesh , the wife ..... lawyer and friend alleging criminal intimidation which was found to be false.13. according to the appellant, the respondent filed a forged complaint under sections 397/398 of the companies act before the company law board, new delhi and in the affidavit of the respondent she stated that the appellant was immoral, alcoholic, and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2006
Reported in : II(2006)ACC30; (2006)3SCC750
..... material shown to us, we are satisfied that the insured vehicle was a 'motor cab' which was being used for hire or reward and thus covered by section 95(2)(b)(i) of the act, which prescribes a limited liability of rs. 50,000/- only in respect of persons other than passengers carried for hire or reward. in the instant case, the ..... vehicle in which passengers were carried for hire or reward so as to limit the liability of the insurer to rs. 50,000/- under section 95(2)(b)(i) of the motor vehicles act, 1939 (for short 'the act').3. the said judgment also recorded the fact that nobody had appeared on behalf of the insurance company and the court was informed by ..... to a column in the policy wherein 'limitation as to use' is prescribed which is as follows:use only under a contract carriage permit within the meaning of motor vehicles act, 1939. the policy does not cover use for organised racing or speed testing.6. in the column meant for calculation of premium, it is stated that the basic premium .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2006
Reported in : AIR2006SC1690; [2006]131CompCas149(SC); (2006)4CompLJ289(SC); 2006(3)SCALE275; (2006)4SCC416; [2006]67SCL91(SC)
..... : air2006sc151 .33. in our opinion both the company law board and the high court erred in refusing to execute the order dated 19th august, 1999 under section 634a of the companies act. they have thereby failed to exercise the jurisdiction with which they were vested. the failure is heightened given the nature of the order which they were bound to ..... of the affairs of the company will continue.13. the mms group carried the matter before the high court of patna by way of an appeal under section 10f of the companies act, 1956. the appeal was dismissed by the learned single judge holding that the clause relating to gratuity namely clause 4.1.1.11 clearly showed that ..... board directed the parties to execute the transfer deeds to affect the transfer of the relevant assets. accordingly, the board pursuant to powers vested in it under section 402 of the companies act 1956, directed that:-(a) both parties fill up and complete schedules 1,4,7,8,11 and 12 in the transfer document relating to the assets .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2006
Reported in : AIR2006SC1662; 2006(3)ALT24(SC); 2006(4)BomCR810; 2006(2)CTC328; 128(2006)DLT387(SC); I(2006)DMC531SC; [2006(3)JCR114(SC)]; JT2006(3)SC587; 2006(2)KLT150(SC); (2006)2MLJ383
..... court and the high court which has affirmed the findings of the trial court, submitted that in order to make out a ground for divorce under section 13(1)(iii) of the act, it is not necessary to establish that the respondent is suffering continuously or intermittently from mental disorder but it must further be established that it ..... the statute, the appeal must fail on this ground.in re : crueltyit was submitted that in order to make out a ground for divorce under section 13(1)(ia) of the act, the conduct complained of should be grave and weighty so as to come to the conclusion that the appellant spouse cannot be reasonably expected to live ..... thoughtful and anxious consideration for the rival submissions made by the respective counsel appearing on either side. the appellant filed a petition for divorce under section 13(1)(ia) and (iii) of the act on the ground of mental and physical cruelty. it is also her case that on account of paranoid schizophrenia that the respondent was suffering from .....
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