Court : Karnataka
Decided on : Dec-17-2003
Reported in : 2005ACJ384; ILR2004KAR815
..... should be a causal connection not necessarily a direct and immediate one between the use of the vehicle and the accident causing death or injuries to the claimants. an explosion that takes place hours after the vehicle has turned turtle or a case where the passengers in autorickshaw commit a crime by looting and killing the driver have thus ..... nearby. the court also rejected the contention that after the collision since the tanker had turned turtle, it had ceased to be a motor vehicle so that any explosion on account of the petrol leaking from the tanker could not be said to be an accident arising out of the use of such a vehicle. the petrol tanker ..... the supreme court in minu b. mehta v. balakrishna ramachandra nayan 1977 acj 118 holds the field making proof of fault essential in cases of fault under section 166 of the motor vehicles act. in kaushnuma begum's case supra, the apex court has no doubt borrowed and applied the rule of strict liability as propounded in rylanda v. fletcher .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-2003
Reported in : I(2004)DMC695; 2004(2)MhLj767
..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Jodhpur
Decided on : Dec-18-2003
Reported in : (2004)84TTJ(Jodh.)337
..... , the resultant assessed income was at a loss of rs. 96,776 (sic). the ao noted that search under section 132 of the act was conducted in october, 1987 at the residence of the assessee and in his statement the assessee stated that the explosives purchased at rs. 1,73,107 on 27th july, 1987 and rs. 1,49,488 on 24th aug ..... the income which he noted at rs. 3,22,587 in the form of unrecorded purchases. the ao, therefore, levied penalty of rs, 1,47,574 under section 271(1)(c) of the it act being 100 per cent of the tax sought to be evaded.4.2 aggrieved, the assessee carried the matter in appeal before the cit(a) and submitted that ..... the assessee that the entries were made on the basis of the payment. it is also seen that the amendment had been made in expln. 4 to section 271(1)(c) by the finance act. (no. 2) w.e.f. 1st april, 2003 and it has been inserted that : "in any case where the amount of income in respect of which particulars .....
Tag this Judgment!Court : Chennai
Decided on : Dec-18-2003
Reported in : 2004(1)CTC721
..... one paranthaman, who is being tried for the offences under sec. 21(1)(a) and sec. 21(3) of pota read with sec. 13(1)(b) of unlawful activities (prevention) act, 1967 as also sec. 4(b)(1) and sec. 5(a) of the explosives substances act 1908 and sec.17(1) of the criminal law amendment act 1908. 2. learned counsel for the appellant in this ..... happened to this case, which is pending for the last ten years. the second prosecution is vide p.s. crime no.1988 of 1993 under sec. 10 of the unlawful activities (prevention) act on account of the seizure of 298 copies of 'kaviayanayagan kittu', a book on the ltte leader by name kittu, allegedly written by pala nedumaran himself ..... assisted in arranging the said indoor meeting which knew was to support the terrorist organisation ltte and hence had committed the offence under sec. 21(2) pota, punishable under sec. 21(4) of the said act.7. it is then further suggested in the charge-sheet that a-1 pala neduamaran had participated in a public meeting held on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Dec-18-2003
Reported in : (2004)88ITD247Cal
..... basis of the rent payable to him. on the failure to recover any sum due on account of consolidated rate from the person primarily liable thereof under section 193, section 195 of the cmc act speaks of recovery from every occupier, by way of attachment of the rent payable by such occupier, a portion of the total sum due which bears ..... or as an agent to collect the surcharge from the occupier. in this connection the following observation of hon'ble madras high court in the case of cit v. southern explosives co. [2000] 242 itr 107 is useful to be referred- , in the instant case, the amounts collected by the assessee were amounts which were meant to be ..... occupation of the tenanted premises for commercial purposes is to be treated as actual rent received for the purpose of determining annual value within the meaning of section 23 of the it. act (as it then stood), and the taxes including surcharge levied by municipal corporation and actually paid by the assessee during the relevant year is to be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Decided on : Dec-18-2003
Reported in : (2004)270ITR73(Kol.)
..... of the rent payable to him. on the failure to recover any sum due on account of consolidated rate from the person primarily liable there of under section 193, section 195 of the cmc act speaks of recovery from every occupier, by way of attachment of the rent payable by such occupier, a portion of the total sum due which bears, ..... an agent to collect the surcharge from the occupier. in this connection the following observation of hon'ble madras. high court in the case of c.i.t. v.southern explosives co. (2000) 242 itr 107 is useful to be referred -- "in the instant case, the amounts collected by the assessee were amounts which were meant to be utilized ..... for energy supplied by the licensee, the licensee can, at the option of the state government, be proceeded against for the recovery of the electricity duty under section 8(a) of the act. in view of the clear liability of a licensee who has recovered the charges for the electricity supplied, it cannot be said that a licensee being an agent .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2003
Reported in : 2003(1)AWC750
..... the writ petition. 2. we have heard learned counsel for the parties. 3. the petitioner (hereinafter referred to as i.c.a.r.) is a society registered under societies registration act. the minister for agriculture is ex-officio president of the society and it is wholly funded by the government of india. as stated in para 3 of the writ petition .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-09-2003
Reported in : 2003(1)AWC530
..... been rescinded. on application of the opposite party no. 4, proceeds the submission, a notice was received from tahsildar to appear on 28th november, 2002 and before the petitioner could act upon the notice, orders were made for re-auctioning of the pond/tank for fisheries rights without any authority of law. he further submitted that the impugned order dated 26th ..... of audi alteram partem have to be observed. in the instant case, the function of awarding patta is a statutory function under the u. p. zamindari abolition and land reforms act and it is too patent to be ignored that the district magistrate made directions of re-auctioning the fisheries rights without hearing thepetitioner in whose favour a right had come .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2003
Reported in : AIR2003Kant148; 2003(5)KarLJ98
..... be examined. further there will be difficult in administering oath and the difference in time between india and usa will come in the way of witnesses. he refers to the section to say that the 'attendance' would mean personal attendance at mysore.5. let me first deal with the contention with regard to maintainability of the crp in this court ..... appears- (a) to have exercised a jurisdiction not vested in it by law. or, (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of his jurisdiction illegally or with material irregularity, the high court may makes such order in the case as it thinks fit: provided that the high court ..... by affidavit. the object refers to the report of the hon'ble mr. justice malimath. and the law commission recommendations. the act was amended in 1999 in terms of the act 46/1999 it was subsequently amended in cpc amendment act of 2002. order 18. rule 4 provides for examination in chief of a witness by way of an affidavit. sub-rule .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-09-2003
Reported in : II(2004)ACC397; 2004ACJ113
Bhawani Singh, C.J.1. This appeal is directed against the award of Motor Accidents Claims Tribunal, Katni, in M.A.C.T. No. 18 of 1998, dated 28.1.2000.2. The claimants are wife and daughter of late Harish Khatwani, who died in the motor accident on 1.6.1997 when he was going to Rewa by jeep No. MP 17-A 3222 and truck No. MCY 2634 owned and driven by Habibullah (respondent No. 1), rashly and negligently, collided with it. The deceased suffered serious injuries. He was referred to the Government Hospital, Rewa, then to Jabalpur, but he died due to fractures and head injuries. He was 25 years old at the time of accident. He was Manager in two General Stores owned by his brothers, earning Rs. 4,100 per month.3. Owner/driver did not contest the claim, therefore, was proceeded ex pane. While the insurance company has stated that owner, driver and insurance company of the jeep ought to have been impleaded party to the case and the drivers of the truck and jeep did not possess valid driving li...
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