Court : Mumbai
Decided on : Feb-21-2006
Reported in : IV(2006)ACC685
..... under challenge contains observations of the learned member to the effect that the applicant has not made out a case of disability as contemplated by section 140 read with section 142 of m.v. act. in my view the observations made, overlook the certificate and the contents thereof. further, they overlook the intent and purpose of incorporating the ..... of 3rd june, 2001. the court has rejected the application because the latest position about injuries is not brought on record. application is under section 140 of the motor vehicles act which is for payment of compensation on the principle of no-fault liability. it is expected of the tribunal to decide the matter considering the ..... provision of no-fault liability in the m.v. act.5. in these circumstances, interest of justice would be served if the order passed by the learned member dated 1st october, 2004 is set aside and the application under section 140 being application ext. 2 in claim application no. 156-a/2001 .....
Tag this Judgment!Court : Orissa
Decided on : Feb-21-2006
Reported in : AIR2006Ori103; 102(2006)CLT185; 2006(I)OLR428
N. Prusty, J.1. W.P.(C) No. 13534 of 2003 has been filed by the plaintiff challenging the order-dated 24.06.03 passed by the learned Civil Judge (Senior Division), Sambalpur in T.S. No. 71 of 2001 whereby the learned Court below has accepted the written statement filed by the defendant No. 2 beyond the period of 90 days.2. W.P.(C) No. 3139 of 2005 has been filed by the defendant No. 1 against the order dated 9.12.04 in T.S. No. 71 of 2001 passed by the learned Civil Judge (Senior Division), Sambalpur whereby the written statement filed by the defendant No. 1 was not accepted by the learned Court below since the same has been filed beyond the period of 90 days.3. As it appears from the above in the self same case, even though both the defendants filed their respective written statements beyond 90 days, the learned Court below has accepted the written statement filed by the defendant No. 2 but declined to accept the written statement filed by the defendant No. 1.4. Mr. S. Mishra, learned...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-21-2006
Reported in : (2006)143PLR364
Satish Kumar Mittal, J. 1. The plaintiffs have filed the instant petition under Article 227 of the Constitution of India for setting aside the order dated 2.9.2004 passed by the Civil Judge (Jr. Division), Amritsar, whereby their application under Order 6 Rule 17 C.P.C. for amendment of the plaint has been dismissed. By the proposed amendment, the petitioner want to in corporate the alternative prayer regarding possession.2. In this case, the petitioners purchased the plot in question measuring 900 sq. yard from defendants No. 4 to 6 vide registered sale dated 15.11.1989. Subsequently, those defendants executed sale deed dated 16.11.1989 regarding the plot in question in favour of defendant No. 7. Thereafter, defendant No. 7 sold the same plot with some variations in area to defendants Nos .1 to 3 vide registered sale deed dated 2.11.1992. Therefore, the plaintiff-petitioners filed a suit for declaration to the effect that they are owners in possession of the suit land as well as perma...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Decided on : Feb-21-2006
Reported in : (2006)100ITD545(Chennai)
..... changed because of stretching over the period of payment of dues under the scheme.even now, by way of amendment in the provisions of sub-section (10c) of section 10 by the finance act, 2003 with effect from 1-4-2004, the legislature intended to clarify the position that any amount received or receivable by an employee of a ..... retirement. the assessee claimed a sum of rs. 1,75,119, out of such payment being the unavailed amount of vrs, eligible for exemption under section 10(10c) of the act, for the assessment year 2001-02. now before us the question is whether the assessee is entitled to exemption for the second instalment and that also ..... appeal before the commissioner of income-tax (appeals). before the commissioner of income-tax (appeals), the assessee claimed that he is entitled to deduction under section 10(10c) of the act as he has claimed such exemption only in respect of unavailed portion of compensation for which he is eligible. the second instalment of compensation received by the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chennai
Decided on : Feb-21-2006
Reported in : (2006)284ITR53(Chennai)
..... be changed because of stretching over the period of payment of dues under the scheme.even now, by way of amendment in the provisions of sub-section (10c) of section 10 by the finance act, 2003 w.e.f. 1.4.2004, the legislature intended to clarify the position that any amount received or receivable by an employee of ..... of retirement the assessee claimed a sum of rs. 1,75,119/-, out of such payment being the unavailed amount of vrs, eligible for exemption under section 10(10c) of the act, for the assessment year 2001-02. now before us the question is whether the assessee is entitled to exemption for the second instalment and that also ..... appeal before the commissioner of income-tax (appeals). before the commissioner of income-tax (appeals), the assessee claimed that he is entitled to deduction under section 10(10c) of the act as he has claimed such exemption only in respect of unavailed portion of compensation for which he is eligible. the second instalment of compensation received by the .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-22-2006
Reported in : (2006)143PLR17
..... to be prosecuted for an offence under section 19(2) of the act.4. learned counsel for the petitioners has raised a short argument that the agreement dated 5.2.1963 is not for fixation or assessment of the fair rent ..... .1973 to 30.10.1987. after the said rent was tendered, the landlord withdrew the ejectmet petition on 5.1.1988. thereafter, the tenant filed an application under section 19 of the act for grant of permission to prosecute the landlord on the ground that the landlord has claimed rent in excess of the agreed rent and, therefore, the landlord is liable ..... are entitled to 2/3rd share of the rent, whereas the remaining 1/3rd share of the rent is payable to one kaka ram. in an earlier petition under section 13 of the act, the parties entered into settlement on 5.2.1963, in the said petition, by way of a compromise, the tenant agreed to pay rs. 20/8 anna per .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2006
Reported in : (2006)2GLR1190
..... , it will not be inappropriate to refer to the definition of the term, 'court', which is defined in sub-section (4) of section 2 of the act. sub-section (4) of section 2 reads as under:(4) court means in the greater bombay, the city civil court and elsewhere the district court.in view of the ..... before this court.the learned advocate invited the attention of the court to provisions of sections 50 and 51 of the bombay public trusts act, 1950 (hereinafter referred to as, 'the act'). section 50 of the act pertains to, 'suits relating to public trusts' whereas section 51 pertains to, 'consent of charity commissioner for institution of suit.' for the ..... consent may file an appeal to the bombay revenue tribunal constituted under the bombay revenue tribunal act, 1939, (bom. xii of 1939) in the manner provided by this act.(3) in every suit filed by persons having interest in any trust under section 50, the charity commissioner shall be a necessary party.(4) ...6. at this juncture .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-22-2006
Reported in : (2007)1GLR796
..... se a criminal offence or to punish a woman merely because she prostitutes as clearly indicated in the definition of brothel which has been given in the act.38.2 section 2(a) 'brothel' includes any house, room or place which is used for purposes of sexual exploitation or abuse for the gain of another ..... privacy gets violated every time the law enforcing agencies barge in the precincts of the premises in their occupancy, and therefore, the provisions of section 15 read with section 7 of the act enabling the police to search the premises in which prostitutes may be living violate article 21 of the constitution.conclusion & findings:34. as regards ..... criminal. it, therefore, necessarily follows, that in order to bring a person within the expression 'dangerous person' as defined in clause & copy; of section 2 of the act, there should be positive material to indicate that such person is habitually committing or attempting to commit or abetting the commission of offences which are punishable under .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-22-2006
Reported in : (2006)143PLR265
..... the submission of learned counsel for the petitioners was that n.o.c. was not required as ncte had issued notification dated 1.1.2004 under section 32(2)(f)(g) of 1993 act by which the following amendment was introduced in the relevant regulation: '(x) the requirement of noc shall not apply to institutions already recognized by ncte ..... teachers education the respondents nos. 1 and 2 were bound to grant affiliation as per provisions of section 14(6) of 1993 act. sub-section 6 of section 14 of 1993 act reads as under:(6) every examining body shall, on receipt of the order under sub-section (4),-(a) grant affiliation to the institution, where recognition has been granted; or(b) cancel ..... . at least no such provision has been brought to the notice of this court. the ncte is competent to make rules under section 31 of 1993 act and is also empowered to make regulations under section 32 of the said act. the amendment under reference has been made by the ncte in exercise of the powers vested in it by .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-22-2006
Reported in : 2006(2)AWC1927
..... the very nature of the relationship existing between the parties or sometimes from a peculiar handicap or disability from which that party suffers. section 111 of the evidence act read with section 16 of the contract act, the principle enshrined therein is also extendable to cases where there is a proof of a person dependent, by virtue of his ..... the sale deed validly executed, will not definitely be a finding as to amount holding that the requirements of the provisions of section 111 of evidence act read along with provisions of section 16 of the contract act were in reality fulfilled. when there was no finding recorded in favour of this aspect of the matter by the trial ..... by the trial court that no consideration in the present transaction of sale had passed from the vendee to the vendor. taking the protection of section 25(1) of the contract act, the learned counsel has tried to emphasise that even if no consideration in the present case had passed for the transfer of the property, it .....
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