Court : Mumbai
Decided on : Jan-23-2003
Reported in : 2003(2)ALLMR132; 2003(4)BomCR402; 2003(3)MhLj154
..... reduce his statement into writing and such writing is available, in the trial that may follow, for use in the manner provided in this behalf in section 162.under section 155 the officer in charge of a police station has the power of making a search in any place for the seizure of anything believed to be ..... .' discloses that it refers to 'first information report'. being so, insistence for 'the second f.i.r.' itself discloses that the police authorities were hesitant to act in accordance with the direction issued by the learned metropolitan magistrate. that apart, even assuming that the presence of the petitioner was required in the police station for the ..... and further in filing the report, can be construed as wilful violation of the orders of the learned metropolitan magistrate, warranting action under the contempt of courts act, 1971.7. upon hearing the learned advocate for the respondents and the petitioner-in-person as well as on perusal of the records placed before the court, .....
Tag this Judgment!Court : Chennai
Decided on : Jan-23-2003
Reported in : AIR2003Mad315
S. Jagadeesan, J.1. The appeal is against the order of the Family Court, Madurai dated 9.10.2001 in G.W.O.P.12 of 1998. The respondent herein filed the said O.P for appointing himself as the guardian of the person of his grand daughter minor Adharsha. The respondent is the maternal grand father of the said minor who was born on 20.11.1992. The appellant herein is none other than the paternal grand father of the minor. It is an admitted case that both the parents of the minor are no more. The mother died on 7.8.1995 due to the fire accident occurred on 17.6.1995. The father of the minor died on 11.5.1997. 2.It is the case of the respondent that the minor was all along under the custody of the respondent and he is seeking the relief of appointing himself as the guardian of the person and not in respect of the properties of the minor. The minor is being taken care of by himself and if the minor is separated at this stage, it may be adverse to the interest and welfare of the minor. His fur...
Tag this Judgment!Court : Delhi
Decided on : Jan-23-2003
Reported in : 2003IIAD(Delhi)14; 102(2003)DLT822; I(2003)DMC443; 2003(67)DRJ58
..... 1999 notice, simplicitor, was issued to the defendant. it will be relevant to mention that the present suit is for the grant of maintenance under section 18 of the hindu adoption and maintenance act and that, through a string of judgments of this court as well as of other courts, it is well settled that interim orders of maintenance can ..... there is non-compliance with the order passed by the court requiring the defendant to be personally present in the court. it is submitted that sections 41(a) and (b) of the specific relief act would not bar passing of an order as passed on 5.11.1999 by the learned single judge of the delhi high court since such ..... in immovable properties in india. in the event that the marriage is dissolved by a decree in america, in consonance with principles of private international law which are embodied in section 13 of the code of civil procedure, 1908, inter alia, this decree would have to be confirmed by a court in this country. furthermore, if the defendant (husband .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-23-2003
Reported in : 2003(1)AWC791; [2003(96)FLR1094]
V.N. Singh, J. 1. This appeal has been filed against the judgment dated 12.11.1982, passed by the then VIth Additional District, Judge, Allahabad, by which the appeal was allowed and the judgment and decree dated 7.12.1979, passed in Original Suit No. 397 of 1977 (Court, of Munsif, West, Allahabad) was set aside and the suit for perpetual injunction was decreed and it was held that, the notice of termination dated 30.8.1977 is invalid and illegal.2. Brief facts of the case is that the respondent Girja Shankar Pandey was appointed as casual labour on 31.8.1970 in the Allahabad Division of the Northern Railway.3. The contention of the respondent is that, subsequently he was appointed as Class IV regular employee with effect from 1.3.1971 and was promoted to the post of Driver on 24.10.1973. After expiry of the period of probation, he became permanent employee from 24.10.1974 or at the most from 24.11.1975.4. A notice dated 30.8.1977, was given for terminating the services ofthe responden...
Tag this Judgment!Court : Chennai
Decided on : Jan-24-2003
Reported in : [2003]131STC56(Mad)
..... bench in b.r.enterprises' case cannot said to be a good law; (c) that in any event, the state government under its delegated power under section 5 of the act, cannot act violating the theory of proportionality propounded by the supreme court in om kumar and others v. union of india 2001 (2) scc 386) 5. the learned ..... the purview of gambling and the lotteries being a trade, are governed by articles 301 and 303 of the indian constitution. it was also argued that section 5 of the act was discriminatory in allowing the state to conduct its lotteries while banning the lotteries of other states, thus violating article 14 of indian constitution. a further ..... a necessary corollary, they are fit to be transferred to retailers and consequently, individuals, carrying an obligation to have a draw and this obligation arises under section 4 of the act. this is because of conferment of vested rights on the sole agent and passed on to the retailers and the individual purchasers. it should be borne in .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003(2)ALLMR528; 2003(4)BomCR804; (2003)IILLJ598Bom
..... that the delegation of powers to respondent no. 2 by the principal secretary (labour) was a delegation as contemplated under section 39 of the act. plain reading of section 39 of the act and the notification issued thereunder, shows that it is one time delegation to the commissioner of labour and no fresh notification ..... was lawfully authorised to perform all functions and duties of the commissioner of labour, including the functions delegated to the commissioner under notification issued under section 39 of the act. the joint commissioner de facto, therefore, was not a mere usurper but one who held office under colour of lawful authority, even if ..... in particular submitted that the second respondent had not. been delegated powers under section 25-o of the act by the 'appropriate government' contemplated under section 39 of the act. section 39 of the act clearly mandates that the power exercisable under the act shall be exercised by an authority as specified in the notification. it is .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-24-2003
Reported in : 2003BomCR(Cri)1033; 2003CriLJ4238
..... 427 read with 34 of the indian penal code and under section 25(1)(a) and 27 of the indian arms act read with section 34 of the indian penal code. they were also chargesheeted for offence punishable under section-4 and 5 of the explosive substance act read with section 34 of the indian penal code. the trial court however, ..... has convicted the appellant-accused no. 1 only for the offence punishable under section 307 read with 34 of the indian penal code and sentenced to ..... of those who in one way or the other facilitate the execution of the common design is itself tantamount to actual participation in the criminal act. the essence of section 34 is simultaneous consensus of the minds of persons participating in the criminal action to bring about a particular result. such consensus can be developed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(2)ALD170; 2003(2)ALT579
..... on any matter; its report has no value per se excepting giving advice and providing guidance to the government. it is mandated in sub-section (1) of section 3 of the act that the appropriate government may if it is of the opinion that it is necessary so to do, appoint a commission of inquiry for the ..... the appropriate government to be discharged towards the petitioner. in these circumstances, the contention of the learned counsel that discretion vested in the appropriate government under section 3 of the act has not been exercised and, therefore, the petitioner has a right to maintain the writ petition, is devoid of force.'so, the high court was ..... had been appointed. the government had discretion in the matter and formation of opinion by the government was pre-requisite for exercise of the power under section 7 of the act. it is also contended that, appointment of commission and its continuance beyond a particular date are the matters for government to decide, therefore, the government .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-24-2003
Reported in : [2003(97)FLR458]; 2003(2)KarLJ240; (2003)IILLJ348Kant
..... such a question came up for consideration before the apex court in m/s. goodyear india limited's case, supra. the apex court with reference to section 77 of the act, as it stood prior to its amendment, held that the cause of action for contribution would arise only after the decision by the insurance court in ..... making a claim for contribution and the cause of action for contribution would arise only after the decision by the insurance court is laid in a proceedings under section 75 of the act. the learned counsel for the respondent, on the other hand, placed reliance on regional director, esi corporation, bangalore v. cigifl limited, bangalore, 2002(3) ..... the employees' insurance court in a matter in dispute between the corporation and a principal employer in respect of contribution under the act and, there fore, it is a proceedings under section 75(g) of the act. it is not a case where the corporation complains that no returns, particulars, registers or records are submitted, furnished or .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-24-2003
Reported in : 2003(1)ALD826; 2003(1)ALT688
..... equitable mortgage on their lands;(ii) to provide an appeal to the revenue divisional officer against the orders of the mandal revenue officer under sub-section (4) of section 5-a of the act;(iii) to protect the credit agencies by specifying that any charge not entered in the pass book will not have priority;(iv) to provide that ..... if so, in what mannerthe record of rights may be amended in consequence of receiving intimation of the fact of acquisition of any right referred to in section 4 of the act. thereafter, the amendment shall be carried out in the record of rights in accordance with such determination. the amendment and updating of record of rights by ..... mandal revenue officer, necessary entries have been made in faisalpatti to the effect that the petitioners have become owners pursuant to the certificate of validation under section 5-a of the act read with 45-a of the rules, all revenue records including pahanies were updated and the names of writ petitioners are shown as owners and .....
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