Court : Allahabad
Decided on : Jul-19-1989
Reported in : AIR1990All42
..... . in our democratic fibre it is expected that arbitrary approach is seldom required and the case is to proceed as per procedure laid down. the trial court seems to have acted as a sovereign.13. such an approach of the trial court which has unnecessarily procrastinated the proceedings of the case is disapproved. learned counsel for the opposite party sri r ..... 290 of 89 deserve to be allowed. the order passed by the court below is liable to be set aside in view of the fact that the trial court has acted in exercise of its jurisdiction with material irregularity which tentamounts in the mis-carriage of justice.15. in the result both the revision no. 276 of 89 and 290 of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-19-1989
Reported in : AIR1989SC1822; 1989CriLJ2113; 1989(3)Crimes7(SC); JT1989(3)SC112; 1989(2)SCALE19; (1989)3SCC465
..... accused had deliberately attacked the decased and pw-1 with an intention to kill them. on the other hand it is a case which would fall under exception 4 to section 300 i.p.c. the high court has failed to notice this position because of its obsession over minor details in the case.20. on the question whether all ..... several injuries, if jairam singh and his sons were the aggressors and if only a-2 and a-3 were present at the scene they could not have by their acts of self-defence alone caused the death of two persons and also caused injuries to pw-1. another significant factor is that the two deceased and pw-1 had ..... learned counsel appearing for the accused disputed the statement of the appellant's counsel and contended that the prosecution case suffers from many infirmities and therefore the high court had acted correctly in setting aside the convictions and acquitting the accused.11. on a careful consideration of the relevant materials and the arguments of the counsel for the state and the .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-19-1989
Reported in : I(1990)ACC174; 1990ACJ625
..... 13.4.1989 by which the appellants' application for setting aside the ex parte award has been dismissed. none of these orders, therefore, will be covered by section 110-d of the motor vehicles act. learned counsel submitted that the appeal lies under order 43, rule 1 (d). however, order 43 has not been made applicable in proceedings under the motor vehicles ..... n.n. mithal, j. 1. this appeal purports to have been filed under order 43, rule 1 (d) read with section 110d of the motor vehicles act. none of the orders annexed with the memo of appeal is the award passed by the motor accidents claims tribunal. the only orders which have been annexed are the one ..... act. rule 21 of the motor accidents claims tribunals rules applicable in u.p. only makes order 9, rule 13 applicable to these proceedings. this does not include the provision of .....
Tag this Judgment!Court : Kerala
Decided on : Jul-20-1989
Reported in : [1989]179ITR543(Ker)
..... partners constituting the firm. it was further held that it is only after the value of the assessee's interest in the firm had been determined under section 4 of the act, that the question of granting exemption in respect of the assets included in the valuation would arise. in that view, it was held that the ..... on the question whether a document of transfer of the interest of a partner in a firm which also held immovable properties was compulsorily registrable under section 17(1)(b) of the registration act. it was in that context that the supreme court made the above observations. these observations are not to be understood as defining a partner' ..... in re, shand [1880] lr 14 ch 122. in these circumstances, to import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897, into section 4 of the indian partnership act will, according to lawyers, english or indian, be totally repugnant to the subject of partnership law as they know and understand it .....
Tag this Judgment!Court : Kerala
Decided on : Jul-20-1989
Reported in : 1990CriLJ542
..... the other hand would contend that search and seizure made by the sub inspector is not fatal to the prosecution because the offence under the act has been made cognizable by section 8(2) of the act. by virtue of that provision, a police officer who comes to know of the commission of the offence is entitled to arrest the offender ..... the publication to be compared with other or similar periodicals. it is the duty of the court to ascertain whether the magazine offends the provisions of section 292-a or those in the act. the verdict as to whether the book or article or photographs printed therein, considered as a whole, panders to the prurient and is obscene must ..... the code. prosecution has not let in its evidence. the complaint, according to the learned advocate general, brings out prima facie offence under section 292-a, ipc and under sections 3, 4 and 6 of the act. when such is the factual position, this court is not to interfere with the proceedings before the trial court in exercise of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-20-1989
Reported in : AIR1989SC1758; JT1989(3)SC122; 1989(2)SCALE47; (1989)3SCC418; 1989(2)LC468(SC); (1990)1UPLBEC9
..... sethi, clerk of sh. d.s. patial, advocate (central hall) tis hazari courts, delhi, may kindly be summoned as witness by the bar council of india, under section 42 of the advocates act, because i apprehend that he may not appear on my request, as before.3. it is also submitted most humbly and respectfully that i may also kindly be ..... keen on examining g.k. sethi, he ought to have moved the disciplinary committee to issue summons to g.k. sethi in exercise of its powers under section 42 of the advocates act to appear before the committee and give evidence in the matter. having failed to do so, the appellant cannot now allege that the disciplinary committee had failed to ..... /- given by him towards the filing of a suit against messrs. roneo vickers (india) ltd. the first respondent's case was that since he had engaged the appellant to act as his advocate in certain earlier legal proceedings, he requested him to file a suit against messrs. roneo vickers (india) ltd. for recovery of a sum of rs. 17 .....
Tag this Judgment!Court : Chennai
Decided on : Jul-20-1989
Reported in : 1990ACJ873; AIR1991Mad3
..... statutory requirement.6. lastly, learned counsel for the insurance company, appellant herein, wouldsubmit that there excepts liability in case the vehicle was used for reliability trial. section 96(2) of the act enables the insurance company to defend an action for claim only on the enumerated grounds. this ground, namely, user of the vehicle on reliability trial, does ..... as a result of which the accident occurred, causing the death of a person who was travelling in the car. there was advertence to sec. 95(1)(b), proviso (ii) of the act, to hold that it is not required that the policy of insurance should cover such a risk. that is the position evident from a ..... of the language of the said proviso. let us examine the relevant provisions of the act. chapter viii of the act deals with insurance of motor vehicles against third party risks. for our purpose, advertence to ss. 93, 94 and 95 may be sufficient. section 93(d) defines 'third party' thus:' 'third party' includes the government.'this is .....
Tag this Judgment!Court : Kerala
Decided on : Jul-20-1989
Reported in : 1989(25)LC356(Kerala); 1989(43)ELT605(Ker)
..... . along with the appeal he filed an application to dispense with the requirements of pre-deposit of the disputed duty and penalty as per the proviso to section 35f of the act. in the same application, he prayed for stay of recovery of the disputed duty and penalty. the appellate tribunal passed ext. ps order on the said ..... income-tax appellate tribunal rules which gave power to the income-tax appellate tribunal to dismiss the appeal for default, being repugnant to section 33(4) of the income-tax act. as per the said section, the income-tax appellate tribunal is obliged to decide the appeal after giving an opportunity to the parties to put forward their case. ..... is that the appeal will not be held to be properly filed until the tax has been paid'. another instance is the provision contained in section 14(1) of the general sales tax act which enables the filing of an appeal to the appellate assistant commissioner. the relevant provision is that 'the memorandum of appeal shall be accompanied .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-20-1989
Reported in : [1989]180ITR382(All); [1990]48TAXMAN69(All)
..... in the assets as of right. in these circumstances, there was no gift in her favour within the meaning of section 9 of the act.7. now, in view of the decision of the supreme court in the case of kakumanu pedasubhayya, air 1958 sc 1042, perhaps, it cannot be disputed that, under ..... court in the case of prithiviraj pailo v. kautuka babi, air 1970 orissa 4.6. the tribunal also rejected the alternate case of the revenue based on section 9 of the estate duty act by holding that there being a partition in the joint family property, the wife of the karta as a member of a hindu undivided family gets a share ..... filing the application on march 14, 1973, being within two years of the death of the deceased, the same was liable to be treated as deemed gifts under section 9 of the estate duty act accordingly, on the alternative finding also, he held that 50% of the value of the agricultural land was liable to be assessed as property passing on the .....
Tag this Judgment!Court : Chennai
Decided on : Jul-20-1989
Reported in : (1989)2MLJ120
..... statutory requirement.6. lastly, learned counsel for the insurance-company, appellant herein, would submit that there excepts liability in case the vehicle was used for reliability trial. section 96(2) of the act enables the insurance-company to defend an action for claim only on the enumerated grounds. this ground, namely, user of the vehicle on reliability trial, does not ..... the death of the pillion rider.5. learned counsel for the insurance-company-appellant herein, thirdly wants to base a submission on the proviso (ii) to section 95(1)(b) of the act, to say that a policy shall not be required to cover risks for persons, who do not travel for hire or reward or in other words who ..... and as a result of which the accident occurred, causing the death of a person who was travelling in the car. there was advertence to section 95(1)(b) proviso (ii) of the act, to hold that it is not required that the policy of insurance should cover such a risk. that is the position evident from a reading .....
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