Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1909
..... for the court to discharge the accused as the charge is groundless. the court further held that the prosecution is unsustainable because section 79 is exculpatory when read with section 5-a of the act and the certificate issued thereunder.40. reliance is also placed on the decision of the hon'ble supreme court in the case ..... no different religions. the simple and innocent expression of opinion on the working of the trusts of swadhyaya pariwar will not bring the act of the publisher within the parameters of the sections in question. the difference between the persons of the same family is as to whether bhav nirzar temple is a temple or prarthana hall ..... indian army were indulging in commission of atrocities against kashmiri muslims. hence, the question before the supreme court was that whether those acts of the appellant would attract the penal consequences envisaged in section 153-a or 505(2) of ipc. the court held that the common ingredient in both the offences is promoting feeling of .....
Tag this Judgment!Court : Kerala
Decided on : Mar-09-2006
Reported in : 2006(2)KLT127; (2006)IILLJ985Ker
..... to be made to such funds and all matters relating thereto:7. the kerala headload workers (regulation of employment and welfare scheme, 1983 is issued under section 13 of the act. under paragraph 5 of the scheme:the board shall be responsible for the general welfare of the headload workers, and for the said purpose, may incur ..... have the concurrence of the board and the government'. paragraphs 31 and 32 are also relevant which read as follows:-31. each committee constituted under section 18 of the act shall arrange to contribute every month to the headload workers welfare fund a sum calculated at rs. 1 per worker per month in respect of all ..... total wages at the close of each financial year for payment towards his terminal benefit on retirement, superannuation, death, disability etc.under section 24 of the act the provisions of the workmen's compensation act, 1923 and the rules made thereunder applies mutatis mutandis to the headload workers and they are deemed to be workmen within the meaning .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-09-2006
Reported in : AIR2006SC1410; 2006CriLJ1691; 2006(2)JKJ1[SC]; JT2006(3)SC452; 2006(3)SCALE156; (2006)9SCC272; 2006(1)LC657(SC)
..... undergo further imprisonment for a period of six months. respondent no. 2 - s. prithpal singh was convicted under section 302 ipc and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/-, in default to undergo further imprisonment for a period of six months ..... b.n. agarwal, j.1. respondent no. 1 - s. mohan singh was convicted by the trial court under section 302 read with section 34 of the indian penal code (hereinafter referred to as 'ipc') and sentenced to undergo imprisonment for life and to pay a fine of rs. 1,000/-, in default to .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-09-2006
Reported in : 2006(204)ELT552(Bom)
..... , 2004, the commissioner (appeals) disposed of the appeal from the order dated 23rd january, 2004. aggrieved thereby the three revision applications were filed by the petitioners under section 35ee(2) of the central excise act, 1944. all the three revision applications, as indicated above, came to be dismissed on 30th june, 2005. hence the present writ petition.6. the present writ petition .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR1840
..... onlies. he took us through the evidence to that effect which have been produced and relied upon in the trial court. though, there are statements under section 32 of the act of each accused recorded by the concerned police officer, they are not the statements voluntarily given by them. it has been further submitted that since mahesh ..... those judgments, we have tried to examine the materials available on record qua the present appellants.23. it is a settled law that provisions of section 32 of the act permits recording of confessional statement of the accused and that statement qua the particular accused is a substantive piece of evidence and same can be used against ..... them. here in this case, the statement of each accused has been recorded by the authority under section 32 of the act.24. we have gone through those statements together with evidence qua other employees of patel onlines as well as the statements of other independent witnesses. there .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : AIR2006Guj204; (2006)2GLR1696
..... writ of certiorari and the supervisory jurisdiction are to be exercised sparingly and only in appropriate cases where the judicial conscience of the high court dictates it to act lest a gross failure of justice or grave injustice should occasion, and care, caution and circumspection need to be exercised, when any of the abovesaid two ..... it is stated that though interlocutory orders, passed by the courts subordinate to the high court against which remedy of revision has been excluded by the cpc amendment act, are nevertheless open to challenge in, and continue to be subject to, certiorari and supervisory jurisdiction of the high court, the principles applicable for exercise of such ..... by the trial court was correct, it would take away such right to object. in this context, a further contention was that the provisions of the evidence act would operate and there could be no recording of evidence merely on the basis of filing of affidavits. lastly, it was submitted that various grounds on which .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : 2006(4)ALD180; 2006(3)ALT499
ORDERN.V. Ramana, J.1. The petitioner joined the services of the respondent-APSRTC as Driver in 1988. While working as such, on 23-5-1993, the bus driven by him on the route Patancheru-Kesaram met with an accident, in which a 14-year-old boy sustained grievous injury to his left leg, resulting in its amputation. A case of rash and negligent driving was registered against the petitioner. A departmental enquiry was initiated against the petitioner. The charges of rash and negligent driving and driving of the vehicle with lack of anticipation, having been proved in the enquiry, he was removed from service by order dated 19-10-1993 of respondent No. 3. Assailing the said order of removal, he preferred an appeal before respondent No. 2, who vide his order dated 23-3-1994 allowed the same, set aside the order of removal and ordered his reinstatement into service fixing his salary at the minimum scale.2. While so, the criminal case in C.C. No. 456 of 1993 on the file of the Principal Munsif M...
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-09-2006
Reported in : 2006(3)ALD766
L. Narasimha Reddy, J.1. The petitioner challenges the order dated 22-9-2005 passed by the Court of Junior Civil Judge, Kodad.2. Petitioner filed O.S. No. 260 of 2003 against the 5th respondent herein, for the relief of partition of the suit schedule properties into two equal parts and allotment of a share to her. A preliminary decree was passed on 12-2-2004, Thereafter, the petitioner filed I.A. No. 244 of 2004 for final decree. The trial Court appointed an Advocate Commissioner, and he, in turn, submitted a report, and the parties did not file any objections to it. The trial Court passed a final decree on 6-10-2004, in terms of the report of the Commissioner.3. Respondents 1 to 4 herein filed an application before the trial Court, for impleading them as defendants 2 to 5, in the suit. They claimed interest in the suit schedule property, and intended to oppose the proceedings. Through the order under revision-, the trial Court allowed the I.A. Hence, this C.R.P.4. Sri Brahmaiah Chowda...
Tag this Judgment!Court : Chennai
Decided on : Mar-09-2006
Reported in : III(2006)ACC792; 2007ACJ578; (2006)2MLJ658
..... appeal and accordingly, i decide that the proper multiplier has to be put based on the schedule-2 of section 166 of the motor vehicles act. the age has been taken as 47 years for which 13 is the proper multiplier to be applied in this ..... police thiru.anthonisamy has registered a case in crime no. 1602/95 for an offence under section 304(a) i.p.c. and section 184 of the motor vehicles act. p.w.2 further speaks to the fact that the driver of the lorry gajendran was charge ..... 10.1997. 2. the claimants are the wife and minor daughter. the claim petition was filed under sections 166 and 163-a of the motor vehicles act (hereinafter referred to as the 'act'), read with rule 3 of the m.a.c.t. rules (hereinafter referred to as the ' ..... halsbury's laws of england in vol.34, para 98 states the principle thus:98. assessment of damages under the fatal accident act, 1976 - the courts have evolved a method for calculating the amount of pecuniary benefit that dependants could reasonably expect to have received .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-09-2006
Reported in : (2006)3GLR2007
..... the petitioner. the petitioner need not point out any independent prejudice because of delay in disciplinary proceedings. there are no averments in the memo of reply affidavit pointing out any act or omission on the part of the petitioner resulting in prolonging the disciplinary proceedings. it is true that the petitioner was not in any way responsible for such an inordinate .....
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