Court : Kerala
Decided on : Jul-27-1989
Reported in : AIR1990Ker20
..... goods delivered was definitely less than the exact quantity contracted to be delivered his client was entitled to reject the entire goods as provided in section 31(1) of the sale of goods act. section 37(1) of the act is in the following terms :--'where the seller delivers to the buyer a quantity of goods less than he contracted to sell, the buyer ..... may reject them, but if the buyer accepts the goods so delivered he shall pay for them at the contract rate.'even though it is true that section 37(1) of the act provides for rejection of the goods when the seller delivers to the buyer a quantity of goods less than what was contracted for, we find that the said ..... in bulk is unavoidable and trivial shortfall in quantity must be overlooked. if the difference is, however, substantial, the buyer would be, justified in resorting to section 37(1) of the sale of goods act.'15. we also find that the scope, purpose and effect of the 'de minimis rule' as applied to the law of sale of goods have been .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-27-1989
Reported in : 1990CriLJ77
..... the following circumstances against the appellant.1. motive.2. extra-judicial confession.3. recovery of clothes, wrist watch and ring etc. from the possession of the appellant under section 27. evidence act.4. recovery of the skeleton at the pointing out of the appellant himself along with shirts shoes and licence of the gun.5. the appellant was last seen with ..... p.s. hoshiarpur had apprehended pyara singh on 22-5-1979, and recovered from his possession a double, banel gun belonging to the deceased and registered a case under section 25. arms act.gurmeet singh (p.w.10) is owner of another truck, had seen truck no. 2120 in bihar and that pyara singh had told him that he would kill ..... pyara singh had however been already arrested on 22-5-1977 in batala by batala police along with the gun of jagit singh deceased and a case under section 25 of the arms act was registered against him and that fact subsequently came to the notice of deedar singh. s.o. and then he was also implicated in the case. as .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-27-1989
Reported in : (1990)2CALLT261(HC)
..... lower instatus than that occupied by the head of thedepartment.................. member'.12. it is at this juncture that section 25 of the institute of technology act, 1961 (act 59 of 1961) ought to be noted. section 25 prescribes that all appointments on the staff of any institute except that of the director shall be ..... appearing for the petitioner strongly commented on the constitution of the selection committee and the method of appointment of the members of selection committee.11. the act of 1961 conferred power on the institute to frame the statutes in pursuance whereof the institute has in fact framed the indian institute of technology, ..... aeronautical engineering at the indian institute of technology, kharagpur. the institute is a body corporate and has been incorporated under the provisions of institute of technology act, 1961. the body corporate apart from the institute at kharagpur also has other institutes at delhi, bombay, kanpur and madras. the institute at kharagpur consists .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : (1990)97PLR1
..... at hissar had been fixed. the rant controller found the evidence adduced by the tenant insufficient to enable him to fix the basic rent under sub-section (2) of section 4 of the act, he then upheld the contractual rent of rs 175/- per mensem as fair rent plus tax. on appeal, however, the district judge, hisar, ..... 10. now it is time to juxtapose and notice the concept of 'annual value ' under section .3 (1) of the municipal act, rateable value' under the delhi act and the rateable value' under section 93 of the corporation act :punjab municipal act delhi corporation act punjab municipal corporation act (i) 'annual value' means- (a) in the case of land, the gross ..... clauses which comprise the provision. our reasons in that regard follow hereafter. we will make an attempt to dissect the provision. clause (b) of section 93 of the corporation act pertains to all kinds of buildings, be they residential, non-residential, commercial, partly one or the other. they may be self-occupied by the owner .....
Tag this Judgment!Court : Kerala
Decided on : Jul-28-1989
Reported in : AIR1990Ker78
..... candidly confess that i had no doubt that the circumstances revealed in the case would not justify allowing the respondents herein to take inquisition proceedings under section 63 of the act, for a declaration by the court that indira devi is a lunatic, when her own mother is seriously resisting that petition and there are serious ..... the petition before the lower court. certainly, the locus standi depends upon the fact whether the respondents are relatives within the meaning of section 3(11) read with section 63 of the act.6. the court below directed its enquiry on two questions. the court below first made an enquiry as to the fact whether the petitioners ..... review, but that review was also dismissed by the court below. the present revision petitioner filed a revision before this court. this court observed that section 63 of the act has permitted only a relative of the lunatic to initiate proceedings for inquisition of the alleged lunatic. this court further said that the mother of indira .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-1989
Reported in : 1990(25)ECC72; 1990(47)ELT540(Kar); ILR1989KAR3302; 1989(2)KarLJ484
..... was mala fide; (ii) the search is liable to be quashed on account of the several procedural irregularities and non-conformity with the provisions of section 105-c of the customs act read with section 165 cr.p.c.; (iii) that the show cause notice is liable to be quashed for vagueness and the search was a roving search without ..... of the directorate corresponding to the officers of the central excise, as mentioned in the notification no. 215/86. the validity of the notification issued under section 2(b) of the act was upheld by justice mohan in w.p. 5004/87 (a copy of the order of the madras high court is produced in the above decision and ..... 215/86. (iii) in dunkan agro industries v. union of india - : 1989(39)elt211(del) , the vesting of powers under the central excise act on the directorate (audit), under section 2(b) of the act came up for interpretation before the delhi high court. agreeing with the views expressed by the madras and calcutta high courts in the decisions mentioned above .....
Tag this Judgment!Court : Allahabad
Decided on : Jul-28-1989
Reported in : AIR1990All11
..... delay in moving the condonation application, has examined the applications of the opposite party under o. ix. r. 9 of the code and under s. 5 of the act, affidavit filed in support thereof and also the objection filed on behalf of the applicant, and is satisfied that, on the facts and circumstances of the case, the ..... coming to know of this dismissal, she moved an application for restoration of the suit accompanied by an application for condonation of delay, under s. 5 of the act. she pleaded that the default in appearance was neither deliberate nor want on. the application of the applicant was opposed by the defendant-applicant.3. taking into consideration ..... . ix, r. 9 of the code of civil procedure, 1908, hereinafter called the code, along with an application under s. 5 of the indian limitation act, 1963, hereinafter called the act. in the application, the opposite party pleaded that she was a pardanashin lady and dependent on her brother for the purposes of pairavi. her brother had gone .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-28-1989
Reported in : 1990CriLJ342
..... hospital for medical treatment. in this connection, a case was registered against you and your associate vide bandra police station c.r. no. 383/1988 under sections 324-114 of the indian penal code. you and your associate nitesh kasare arrested on 4-5-1988. the learned additional chief metropolitan magistrate, 9th court, ..... criminal activities would be enough. there must also be credible information or cogent reasons apparent on the record that the detenu, if enlarged on bail, would act prejudicially to the interest of public order.'mr. kachare, learned public prosecutor appearing for the detaining authority urged that this judgment is clearly distinguishable on facts. ..... police station l.a.c. no. 5721/88 was initially registered against you and your associates for offence under s. 37(a) of the bombay police act, 1951, for contravening the orders issued by the commissioner of police, greater bombay. subsequently, separate cases were registered against each of you individually. the case .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jul-28-1989
Reported in : AIR1990P& H74
..... candidate possesses the requisite qualifications at the time of first registration. the information asked for vide annexure p-2 is, therefore, clearly contemplated by the provisions of section 32 of the act and is not at all violative of the provisions of art. 19(1)(g) of the constitution.6. the information asked for having not been furnished, ..... or that a person employed by him for the said purpose was convicted of such offence, rendering him liable for removal of his name from the register. section 31 of the act, as reproduced above, empowers the registrar of the council to verify if the candidate was residing or carrying on business or profession of pharmacy in the ..... -1 was required to be renewed every year before 1st day of may. thus annexure p-1 expired on april 30, 1985. under the provisions of section 34 of the pharmacy act, the registrar was toremove the names of the defaulters from the register. thus the petitioners' names must have been removed from the register maintained by the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1989
Reported in : (1991)1CALLT198(HC),[1991]70CompCas248(Cal),1991CriLJ828,94CWN723
..... as is usual with all definitions, and as is expressly provided both in article 367(1) of the constitution as well as section 3 of the general clauses act, the definition in section 3(42) of the act would apply to make the expression 'person' include a company, provided there is nothing in the subject or context to rule ..... and, therefore, it could never be in the contemplation of law that a body corporate would or could give oral evidence as defined in section 3 read with section 60 and section 119 of the evidence act.6. it may, however, be conceded that a body corporate may nevertheless be summoned to produce documents which would be 'documentary evidence'. ..... interpreted to mean 'to furnish evidence' and a company is certainly capable of furnishing documentary evidence against itself.' as we have already seen, though, under section 139 of the evidence act, a person summoned to produce a document does not thereby become a witness, the supreme court in m.p. sharma, : 1978(2)elt287(sc) ruled .....
Tag this Judgment!