Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1656; JT2006(4)SC16; 2006(3)SCALE452; (2006)10SCC172
..... others. in all together he deposed four persons were present. he also specifically deposed that a-2 used a knife and cut the throat of the deceased and the overt acts of a1, a2 and a4 were stated before the court.4. the high court, however, did not agree with the said views of the learned sessions judge opining:at the ..... appellant no. 1 herein along with one shaik abdul rahman, accused no. 3 were convicted for commission of an offence under section 302 read with section 34 of the indian penal code (ipc) and appellant no. 2 herein was convicted under section 302 ipc. they were prosecuted for committing murder of one mohammad rafiq khan on 14.6.1998. the said offence was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2006
Reported in : 2006(196)ELT400(SC); JT2006(4)SC185; 2006(3)SCALE601; (2006)4SCC85; [2006]145STC625(SC)
..... the process undertaken by the appellants for bringing into existence the resultant stepped transmission poles amounts to manufacture under the provisions of the section 2(f) of the central excises act, 1944. section 2(f) of the said act reads as under:'manufacture' includes any process- (i) incidental or ancillary to the completion of a manufactured product; (ii) ..... do not lose their original character and identity as pipes. the pipes retain their character as pipes, hence, no process of manufacture as per section 2(f) of the central excise act is carried out. according to the appellants, the duty paid pipes which are purchased by the appellants are classified under tariff item 26aa (iv ..... the basic identity or original character of m.s. welded pipes to make it a new marketable product leading to manufacture as defined under section 2(f) of the central excise act, 1944.2) the burden to prove manufacture is always on the revenue. in the instance case the revenue has completely failed to prove .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-2006
Reported in : AIR2006SC1589; JT2006(4)SC139; 2006(3)SCALE562; (2006)4SCC748
..... this court in john vallamattom and anr. v. union of india : air2003sc2902 , wherein this court considered the challenge to the constitutional validity of section 118 of the succession act, 1925. the aforesaid provision was struck down by this court on the ground of arbitrariness violating article 14 of the constitution. it found that even ..... performs administrative as well as religious functions and a christian cannot perform the religious functions which are performed by dolloi. however, the appellants have impunged section 3 of the act of 1959 and the notifications issued on the following grounds:-i) the notification issued is a law within the meaning of article 13(3)(a ..... appendix iii jowai has been specified as an elaka, headed by a chief who would be a dolloi. apart from challenging the constitutional validity of section 3 of the act of 1959, appellants also challenge the validity of the notice issued by the secretary of executive committee of jowai district dated september 4, 2001 which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-2006
Reported in : AIR2006SC3413; [2006(109)FLR648]; JT2006(4)SC118; (2006)IILLJ516SC; RLW2006(2)SC1606; 2006(3)SCALE583; (2006)4SCC132; 2006(3)SLJ145(SC)
..... court to the terms and conditions of undertaking that they were unfair, arbitrary and are contrary to public policy and as such violative of section 23 of the contract act or article 14 of the constitution of india or any directive principles of state policy.58. the question of legitimate expectation has also not ..... organisation and consequent abolition of post in the said organisation. there is also no pleading that the conditions contained in the undertaking are contrary to section 23 of the contract act or violative of article 14 of the constitution or inconsistent with the directive principles of state policy. the central inland waterways case (supra) and ..... duress3. inequality of bargaining powers vitiates contracts, such contracts also violate article 14 of the constitution4. this court in the present case applied section 23 of the contract act and held the contract to be unconscionable and void.the principle deducible from the above discussions on this part of the case is in consonance .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-31-2006
Reported in : 2006(4)BomCR773; JT2006(4)SC201; 2006(3)SCALE675; (2006)9SCC1
..... certificate' regarding desirability and of having the proposed college at the proposed location which should be obtained from the state government. proviso to sub-section (5) of section 5 of the act, therefore, must be construed only as regards 'proposed location'. the 'essentiality certificate', however, could not be withheld by the state government ..... which is desirous of starting a course of training and teacher education. the guidelines clearly pertain to the matters enumerated in sub-section (3) of section 14 of the act which have to be taken into consideration by the regional committee while considering the application for granting recognition to an institution which ..... to ignore the decision taken by ncte or refuse to take action in pursuance of permission granted by ncte. sub-section (6) of section 14 of the act expressly requires university to act in accordance with the decision of ncte and state government cannot direct the university nor university can overlook the statutory scheme .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-2006
Reported in : 2006(4)ALT60(SC); 2006(2)AWC2000(SC); (2006)2MLJ440(SC); 2006(4)SCALE33; (2006)9SCC725; 2006(1)LC415(SC)
..... court from the date on which the possession of the lands was taken till the payment of such excess amount into court. reference was also made to section 33 of the said act on account of the fact that the appellant had been directed to deposit in court the amount determined as compensation by the reference court which amount had been ..... the court are to be paid to the persons entitled to such deposits.13. mr. viswanathan, learned advocate, who appeared for the respondent no. 1, referred to section 28 of the act to bolster the claim of the respondent no. 1 that in addition to the compensation as quantified by this court earlier, the respondent no. 1 was also entitled to ..... was submitted that the claim of the said respondent no. 1 for payment of interest on the sum quantified by the order of this court in terms of section 28 of the act was misconceived and the high court had also misconstrued the purport of the order passed by this court on 7th december, 1999. mr. reddy submitted that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-2006
Reported in : AIR2006SC1895; 2006(3)ALT87(SC); 2006(2)AWC2004(SC); (SCSuppl)2006(4)CHN39; 2006(2)CTC756; JT2006(4)SC321; (2006)2MLJ428(SC); 2006(4)SCALE17; (2006)9SCC515; 2006(1)LC455(SC
Altamas Kabir, J.1. One Mrs. Solomon Lazarus was the owner of Plot No. 85, Trustpuram Scheme, since re-numbered as No. 9, III Cross Street, Trustpuram, Kodambakam, Madras - 600024. She died on 27th November, 1983 at Madras leaving behind her surviving two daughters, namely, Mrs. Wood and Mrs. A.J. Francis and four sons, namely, Joseph Lazarus, Cecil Lazarus, Benjamin Lazarus and Thomas Lazarus. It appears that Mrs. Solomon Lazarus executed a Will dated 5th July, 1979 in the presence of witnesses, but the same was registered with the Sub-Registrar, Kodambakam, on 7th July, 1980.2. One of the sons of the deceased, Joseph Antony Lazarus applied for grant of probate of the Will on 18th October, 1984 and the same was numbered as O.P. No. 300/1984. In his application, the propounder did not disclose the names of any other persons having an interest in the estate of the deceased and consequently probate was granted to him on 18th October, 1984. One of the two daughters of the deceased, Mrs. A...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-2006
Reported in : 2006(2)ARBLR20(SC); 2006(2)AWC2071(SC); (2006)5CompLJ421(SC); JT2006(4)SC392; 2006(5)MhLj1; 2006MPLJ453(SC); 2007(1)SCALE1; (2006)4SCC445
..... 17,646.00--------------------------------------------------------------------the respondent, however, was not satisfied with the judgment of the trial court. it filed an appeal before the rajasthan high court under section 37 of the act. a learned single judge allowed the said appeal by judgment dated 17.8.2001, and set aside the judgment dated 3.2.1999 of the trial ..... the award dated 17.1.1998 was upheld in entirety. the learned single judge held that having regard to the scope of interference under section 34(2)(b) of the act, the trial court could not have examined the terms of the contract nor interpret them for the purpose of deciding whether the claims were ..... full and final settlement of all claims of the claimants referred to us for our adjudication.8. the appellant filed a petition under section 34 of the arbitration and conciliation act, 1996 (for short the 'act') numbered as civil suit no. 2/1998 on the file of the additional district judge (no.ii), udaipur, praying that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC1800; 128(2006)DLT801; JT2006(4)SC328; RLW2006(3)SC2042; 2006(4)SCALE161; (2006)4SCC265; 2006(3)SLJ54(SC)
..... have per se no application in a departmental proceeding. section 25 of the indian evidence act and section 162(c) of the code of criminal read thus:25. confession to police officer not to be proved.- no confession made to a police ..... had not been proved in accordance with law. so far as the evidentiary value of the said confession is concerned, we may notice that section 25 of the evidence act and section 162 of the code of criminal procedure provides for an embargo as regard admissibility of a confession in a criminal trial. the said provisions ..... would submit that the tribunal and consequently the high court committed a manifest error in arriving at the aforementioned findings inasmuch the embargo contained in section 25 of the evidence act and section 162 of the code of criminal procedure are not applicable in the departmental proceedings. it was submitted that the tribunal further committed an error .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC2475; 102(2006)CLT95(SC); 2006CriLJ3290; I(2006)DMC698SC; [2007(1)JCR364(SC)]; JT2006(4)SC300; RLW2006(4)SC2809; 2006(4)SCALE103; (2006)9SCC467
..... death', and such husband or relative shall be deemed to have caused her death.explanation.- for the purpose of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961).(2) whosoever commits dowry death shall be punished with imprisonment for a term which shall not ..... dowry death on proof of certain essentials. it is in this background that presumptive section 113b in the evidence act has been inserted. as per the definition of 'dowry death' in section 304b ipc and the wording in the presumptive section 113b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is ..... v. raj gopal asawa and anr. : 2004crilj1791 , it is stated:10. section 113b of the evidence act is also relevant for the case at hand. both section 304b ipc and section 113b of the evidence act were inserted as noted earlier by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths .....
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