Array
(
    [0] =>  .....  judicata to the present suit precluding the court in the present suit from examining the merits of the claim in the earlier suits.24. the scope of section 44 of the evidence act has been elucidated in a number of judicial pronouncements. fraud, in order to avoid a judgment, must be extrinsic or collateral to the adjudication involved in ..... , if the plaintiff in the present suit fails to establish that the decrees in the previous two suits were secured by fraud or collusion as envisaged by section 44 of the evidence act, then it will be impermissible for the court in the present suit to consider the merits of the respective claims in the previous suits. consequently, the ..... singh (1993) 4 scc 3). thus, the power of the natural guardian of a hjndu minor is hedged in by certain statutory limitations as stated in section 8 of the hmg act and those limitations are incorporated therein for the protection and benefit of the minor. there was a sharp cleavage of judicial opinion on the question as to  ..... 
    [1] =>  .....  main question which arise for consideration in this appeal.facts. briefly:2. the appellant filed a complaint before magistrate's court, alleging offence under section 138 of the negotiable instruments act ('the act', for short), against first respondent herein. the accused first respondent allegedly borrowed a sum of rs. 60,000/-from complainant and issued a cheque .....  'holder' of the cheque the expressions, the 'payee', 'holder in due course' and 'holder' of the cheque are defined under sections 7 to 9 of the act. section 7 of the act defines 'payee' thus:section 7 - 'payee' - the person named in the instrument, to whom or to whose order the money is by the instrument directed to ..... or destroyed, its holder is the person so entitled at the time of such loss or destruction.the 'holder in due course' is defined under section 9 of the act as follows:section 9 : holder in due course'.- 'holder in due course' means any person who for consideration became the possessor of a promissory note, bill ..... 
    [2] =>  ..... arises in this appeal filed by the complainant, challenging the order of acquittal passed under section 256(1) of the code.2. the appellant filed a complaint before a magistrate's court, alleging offence under section 138 of the negotiable instruments act. the first respondent is the accused in that case. the case was taken on  ..... day. but, on that day, complainant was absent. his counsel was also absent. there was no representation for the complainant. hence the accused was acquitted under section 256(1) of the code of criminal procedure. is such an order sustainable3. learned counsel appearing for complainant-appellant submitted that by an inadvertent mistake, a  ..... has acquitted the accused in this case, even before issuing process/summons to accused without granting a reasonable time to the complainant for paying the requisite fees. section 204 provides for granting a reasonable time for payment of the requisite fees. therefore, the impugned order is not legal or proper.17. the order under ..... 
    [3] =>  ..... construction with the assistance of the court alone is sought to be executed. that being the case, this objection raised with the help of section 563 of the kerala municipality act cannot be of any help or assistance to the petitioner. the contention may have arisen for consideration if the direction to the corporation to  .....  raised in the suit. the question is whether the decree is nullity. section 563 of the kerala municipality act on which reliance is placed reads thus:563. jurisdiction of civil courts barred.-- no civil court shall have jurisdiction to entertain any suit, application .....  property is found to be absolutely irrelevant. that contention cannot help the petitioner.13. fourthly, it is contended that the suit is barred under section 563 of the kerala municipality act and therefore the decree is a nullity. undoubtedly if the decree is nullity that contention can be raised in execution even when that was not ..... 
    [4] =>  ..... of her divorce, the period between the divorce and the delivery of her child or the termination of her pregnancy, whichever is earlier:6. the purpose of section 3 and the act is certainly not to compel persons to be religious or observe religious rituals and observances. the secular state was only attempting, by the enactment to ensure that .....  or observances during the period of iddat and if she does not do the same, she is not entitled to claim maintenance during that period. section 3 (1)(a) of the act deals with the liability to pay maintenance during the iddat period. it is not the law that the lady has to observe any religious rituals or ..... this revision petition is directed against a direction for payment of a total amount of rs. 129000/- issued to the petitioner by the learned magistrate under section 3 of the muslim women (protection of rights on divorce) act. marriage is admitted. divorce is also admitted. there is no contention that any amounts have been paid and the liability under ..... 
    [5] =>  ..... of the respondent that state was a formal party in those cases and the judgment ext. p2 was rendered in a case alleging violation lotteries regulation act. having regard to section 2(c) the submission of the learned counsel for the petitioner was heard without there being any pleadings and only during the arguments. the writ petition .....  any person aggrieved would be to file appropriate complaints either before the police or before the competent criminal court. in so far as the applicability of section 2(c) of the act of 1978 is concerned, a contention was raised during the course of arguments without there being any pleadings on that (sic) once again, while considering .....  contends the learned counsel. with a view to appreciate this contention it will be useful to reproduce the definition of 'money circulation scheme' as given in section 2 (c) of the act of 1978 and the same reads as follows:(c) money circulation scheme' means; any scheme, by whatever name called, for the making of quick or ..... 
    [6] =>  ..... is thoroughly unsustainable. the appeal itself is not maintainable. this is for the reason that valuation for the purpose of jurisdiction is shown as rs. 1,000/- and under section 102 of the code of civil procedure, no second appeal could have been filed in the context.10. but, the preliminary objection as above does not appear to be  .....  by courts of small causes, when the amount or value of the subject matter of the original suit does not exceed three thousand rupees'. what is postulated by the section is that subject matter of the original suit should be one for recovery of money. in such cases alone, the bar applies. going by the nature of pleadings,  ..... it should be deemed that the carrier too will have an independent right as against the miscreant, as his credibility stands to lose, as directly arising from the tortious act. thus the conclusion possible is that the rights of a person in possession cannot totally be foreclosed even if it be the position that the owner may have the prime ..... 
    [7] => 
    [8] =>  ..... the departmental representative, representing the revenue before the income tax department filed ext.p1 application under section 254(2) of the act seeking rectification of certain mistakes in an appellate order. the assessee raised objections stating that the application is not maintainable for the reason that it  ..... income tax feeling aggrieved by the stand of the 1st respondent, reflected in ext.p2 order dated 18,03.1999 that a rectification application under section 254(2) of the income tax act, 1961, should be signed by the assessing officer, this writ petition is filed. the brief facts of the case are the following:2.  .....  relative of that assessee; or)(vii) any other person, who, immediately before the commencement of this act, was an income tax practitioner within the meaning of clause (iv) of sub-section (2) of section 61 of the indian income-tax act, 1922 (11 of 1922) and was actually practising as such.the petitioner also points out that ..... 
    [9] =>  ..... ) , cit v. dadha & co. : [1983]142itr792(mad) , abdul kareemia & bros. v. cit : [1984]145itr442(ap) and jansons v. cit : [1985]154itr432(kar) .6. it is true that section 2(47) of the act has been couched in the widest possible terms so as to include within the meaning of 'transfer' even any arrangement which has the effect of enabling the enjoyment ..... name asokan who retired from the partnership firm on 31st march, 1980. the assessment in the case of the above firm was originally completed on 21st march, 1986 under section 144 of the act. the total income taken for the purpose of the said assessment was rs. 1,28,000 based on the income assessed for the asst. yr. 1980-81.  ..... this was due to the assessee's failure to comply with the notice issued under sections 139(2) and 142(1) of the act. against the said assessment, the assessee filed appeal before the cit(a) who as per appellate order dt. 23rd april, 1987 set aside the assessment  ..... 
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