Court : Supreme Court of India
Decided on : Nov-28-2003
Reported in : I(2004)ACC301; (SCSuppl)2004(1)CHN175; JT2003(9)SC540; 2004(3)MPHT175; 2004MPLJ210(SC); 2003(10)SCALE38; (2004)1SCC320
..... been seized. the cause or basis for confiscation of motor vehicle is driving such vehicle contrary to section 66 of the mv act read with section 192a of the mv act and a report of seizure under section 16(3) of the act. 10. sub-section (3) of section 16 states that the taxation authority or any other officer authorised by the state government in this ..... of punishment but does not include confiscation. 11. it is clear that confiscation would arise only in the event if an offence is committed under section 66 read with section 192a of the mv act and, therefore, such provision could not have been enacted without the assent of the president as the same directly impinges upon article 254 of the ..... user of the motor vehicles not covered by a permit or using the permit in violation of its condition subject to the exceptions available under section 16(6) of the act and under the act, tax has to be paid in advance by such user and, therefore, plying of a vehicle having a contract carriage permit as a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2003
Reported in : 2004(3)ALT27(SC); JT2003(9)SC316; 2003(10)SCALE33; (2003)12SCC315; (2004)1UPLBEC882
..... dispute to the same but we don't find that there has been any decision between the parties on the question of dispute in terms of sub-section 3 of section 181 of the act. no question for interpretation of any provision of law is involved. we, therefore, find that the above decision would be of no help to the ..... which is defence owned land. the plan was thus again returned to the respondents. at this juncture, it may be relevant to take note of sub-section 3 of section 181 of the act, as quoted earlier.14. we have already noted the findings recorded in the writ petition and the appeal in the earlier part of the judgment. the ..... and the entries made in the general land register. it is submitted that cantonment land administration rules, 1937 have been trained by virtue of power vested under section 280 of the cantonments act, 1924. rule 10 in chapter iii of the cantonment land administration rules deals with maintenance of general land register. the military estates officer (now defence estates .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-27-2003
Reported in : 2004(1)BLJR189; 2004CriLJ635; JT2003(9)SC301; 2003(10)SCALE35; (2003)12SCC352; 2004(1)LC302(SC)
..... when some persons came with guns and their actions preceding and exceeding the assault indicate the existence of a common intention to do an act as stipulated in section 149, the liability under section 149 is clearly attracted. the eyewitnesses to the occurrence as held by the trial court and the high court are natural witnesses and ..... of an assembly. the only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the purview of section 141. the word 'object' means the purpose or design and, in order to make it 'common', it must be shared by all. in ..... other appellants were tried for offences relatable to section 302 read with section 149 ipc and section 307 read with section 149 ipc. each of the appellants was also tried for commission of offence punishably under section 148 indian penal code, 1860 and section 27 of the arms act, 1959 (in short the 'arms act'). they were found guilty and sentenced to undergo .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-2003
Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35
..... of proving the execution and attestation of a document which is required by law to be proved in one manner as provided in section 68 of the evidence act. under section 68 of the registration act the registrar shall endorse the following particulars on every document admitted to registration:(1) the date, hour and place of presentation of ..... ram dutt and/or vijay singh negi so as to prove the execution and attestation of the codicil in the manner required by section 63 of the succession act read with section 68 of the evidence act. none of the two were produced in the witness box. the codicil cannot be said to have been proved.21. the registrar ..... wills only. a codicil need not necessarily be attested and, therefore, a codicil need not be proved in the manner contemplated by the main part of section 68 of the evidence act; a codicil will attract applicability of the provide, submitted the learned counsel for the appellants. in our opinion, such a submission cannot be countenanced. williams .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2003
Reported in : 2004CriLJ286; 2003(4)CTC577; JT2003(9)SC343; 2003(10)SCALE68b; (2004)2SCC9
..... a public servant from purchasing certain property and if he does it, it becomes an offence under section 169 ipc. section 481 criminal procedure code, section 189 of the railways act, 1989 and section 19 of the cattle trespass act, 1871 and instances of that nature in several enactments are available in which persons mentioned therein shall not ..... directly or indirectly purchase any property at a sale under those acts. similarly section 135 of the transfer of property act provides that no judge, legal practitioner, or officer connected with any court of justice shall buy or traffic in, or stipulate ..... regarding the value of properties cannot be a substitute for market price. such entries will not foreclose the enquiry of the collector under section 47-a of the act or fetter the discretion of the authorities concerned to satisfy themselves on the reasonableness or otherwise of the value expressed in the documents.'24 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2003
Reported in : 2004(1)ALD(Cri)304; 2004CriLJ610; JT2003(9)SC293; 2004(2)MPHT398; 2003(10)SCALE312; (2004)9SCC292
..... . in order to find whether the right of private defence is available to an accused, the entire incident must be examined with cars and viewed in its proper setting. section 97 deals with the subject matter of right of private defence. the plea of right comprises the body or property (i) of the person exercising the right; or (ii ..... above, there is no substance in the plea relating to non-explanation of injuries on the accused persons. the high court has rightly convicted the appellant under section 304 part ii ipc and sentence of 5 years imprisonment cannot, by any stretch of imagination, be termed to be harsh. the appeal falls and is dismissed. ..... trespass, and attempts at such offences in relation to property. section 99 lays down the limits of the right of private defence. sections, 96 and 98 give a right of private defence against certain offences and acts. the right given under sections 90 to 96 and 100 to 106 is controlled by section 99. to claim a right of private defence extending to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-2003
Reported in : AIR2004SC3782; 2004(1)ALD85(SC); 98(2004)CLT19(SC); JT2003(9)SC201; 2003(10)SCALE45; (2004)10SCC65
..... behalf moves the state or the state itself moves into action to protect him and restores his property to him. to such an action neither article 65 of limitation act nor section 27 thereof would be attracted. 26. in our opinion, the above said shall be the position of law under the 1956 regulations where 'transfer of immovable property' ..... . it received the assent of the governor on 26.2.1950, which was published in the orissa gazette on 3.3.1950 and on that date the act came into force. section 7 of the act, in so far as is relevant for our purpose, provided as under : '7. modification of tenancy laws in force in the merged states - notwithstanding ..... may acquire title by adverse possession over the immovable property of another tribal by reference to para 7-d of the regulations read with article 65 and section 27 of the limitation act, 1963, but a non-tribal can neither prescribe nor acquire title by adverse possession over the property belonging to a tribal as the same is specifically .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... incorporating 'goods or materials wherever supplied to a ship for her operation or maintenance' as a maritime claim. having regard to the provisions contained in section 6 of admiralty court act, 1840 and section 5 of admiralty court act, 1861 it was held:'in other words, what is now called a claim in respect of goods or materials supplied to a ship for her ..... england was, however, extended to cover matters in respect of which there was no maritime lien, i.e., necessaries supplied to a foreign ship. in terms of section 6 of the admiralty act, 1861, the high court of admiralty was empowered to assume jurisdiction over foreign ships in respect of claims to cargo carried into any port in england or wales ..... of an insurance policy; 'unless the ship is benefited the ship should not pay.' in re petition of insurance co. of pennsylvanis, 22. f.109, 116 (n.d.n.y.1884), aff'd sub non. insurance co. of pennsylvania v. the proceeds of the sale of the barge waubauschene, 24 f. 559 (c.c.n.d.n.y.1885). it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... trade. no doubt conditions restrictive of freedom of trade among the states will frequently involve a discrimination; but that is not essential or decisive. an act may contravene section 92 though it operates in restriction both of intra-state and of inter-state trade.'149. however, in india part xiii of the constitution relates both ..... but it would depend upon the nature of the mischief which is sought to be remedied. for the aforementioned purpose dealing in liquor, trading in dangerous goods as explosives, trafficking in women, toutism, essential commodities and realisation of tax have been placed in the same category. [see har shankar v. dy excise commer. of taxation ..... impermissible.81. a subsidiary question which arises for consideration is as to whether the state of punjab, having regard to section 33a of the punjab act, could levy such duty. in sub-section (1) of section 33a provision has been made permitting the state to continue to levy any duty which it had lawfully been levying .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : 2004(1)KLT867(SC); 2003(10)SCALE188; (2004)1SCC344; [2004]134STC341(SC)
..... the commissioner, the same would not ipso facto mean that he has to exercise his suo moto powers. a party to the appeal, in terms of section 67b or section 67e of the act, has not been conferred any right to file a revision application. when the commissioner examines the application only for the purpose of arriving at a finding ..... the records on his own motion. the commissioner may for the aforesaid purpose call 'for examination of the records wherein an order has been passed under section 673 or section 67e of the act, before expiry of 30 days thereof for the purpose of making an enquiry or cause such enquiry to be made. it is no doubt true, as ..... the order of the learned single judge and allowed the appeal after having come to the view that as the excise commissioner was exercising powers under section 67f of the act, he was acting quasi judicially and as such an opportunity of hearing ought to have been given to the respondent and further the commissioner ought to have recorded reasons .....
Tag this Judgment!