Court : Supreme Court of India
Decided on : Nov-10-2003
Reported in : AIR2004SC313; 2003(2)ALD(Cri)104; 2004CriLJ280; (2004)2GLR1232; JT2003(9)SC96; 2003(9)SCALE437; (2004)1SCC184; 2004(1)LC151(SC)
..... stages of a proceeding. if the maker of a statement is sought to be contradicted, his attention should be drawn to his previous statement under section 145 of the evidence act only. section 145 has no application where a witness is sought to be contradicted not by his own statement but by the statement of another witness.12. ..... not open to court to completely demolish evidence of one witness by referring to the evidence of other witnesses. witnesses can only be contradicted in terms of section 145 of the evidence act by his own previous statement and not with the statement of any other witness. (see mohanlal gangaram gahani v. state of maharashtra : [1982]3scr277 ). ..... court were ocular vis-a-vis the medical evidence, we find on reading of the judgment it is not to be so. section 145 of the indian evidence act, 1872 (in short the 'evidence act') applies when same person makes two contradictory statements. it is not permissible in law to draw adverse inference because of alleged contradictions .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2003
Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; [2003]134STC610(SC)
..... .4. on june 20, 1972 the central government issued a notification for making a delegation of power in favour of the state governments the notification reads as under:-essential commodities act section 3(a) clauses (a) to (f), (h) (i) and (j) -central government's power to make orders in respect of and in relation to foodstuffs - ..... foodstuffs, meaning thereby that the said notification delegated the powers by the central government to the state governments in regard to certain clauses of sub-section (2) of section 3 of the e.c. act but only in relation to 'foodstuffs'. in the notifications dated june 20, 1972 and june 9, 1978 the specified matters in relation to ..... order, 1977 (g.o. ms.no. 180, food, dated 20th august, 1977) xxxxx xxxxx now, therefore, in exercise of the power conferred by section 3 of the essential commodities act, 1955 (central act 10 of 1955 read with the government of india, ministry of agriculture (department of food) order no. gsr.316(e), dated the 20th june, 1972 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2003
Reported in : AIR2004SC248; 2004(1)ALD14(SC); 2004(2)AWC1381(SC); JT2003(8)SC471; 2003(9)SCALE454; (2004)1SCC281; 2004(1)SLJ370(SC); (2004)1UPLBEC457
..... order dated 1.7.1978 granted approval to the proposal of the managing committee. appellant challenged the said order by preferring a reference under section 66 of the u.p. state universities act, 1973 (in short the 'university act') before the chancellor. the reference was rejected by order dated 3.8.1979. the chancellor found that the appellant had been given adequate opportunities ..... appointed a committee to enquire into alleged irregularities. the inquiry committee enquired into the matter and found that the conduct of the examination at the center where the appellant was acting as senior superintendent of the examination center was not in order. the inquiry committee found several gross irregularities committed by the appellant in the conduct of the examination. it was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2003
Reported in : 2004(5)ALLMR(SC)149; 2004(1)BLJR110; (2004)12SCC322; 2004(1)SLJ155(SC)
..... .11.1986 1975chaman devi 22.10.1983 1.11.1986 19785. it is, therefore, not a case where the petitioners had acquired a qualification prior to 9th march, 1990 while acting as teachers of masters. the circular letter dated 9th march, 1990 clearly states that a higher scale of pay would not be admissible to them despite holding a higher qualification .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-05-2003
Reported in : 2003(3)BLJR2228
..... shall be included in the taxable turnover of the purchasing dealer.' 19. 'gross turnover' is defined under clause (j) of section 2 of the act while 'taxable turnover' is described in section 21 of the act. according to section 21 (1), the taxable turnover of a dealer shall be that part of his gross turnover which remains after deduction therefrom (a ..... court also observed that clause (i) of sub-rule (2) of rule 29 of the rajasthan sales tax rules suffers with the same infirmity and therefore, section 5(3) of the act and clause (i) of sub-rule (2) of rule-29 of the rules must,, therefore, be held to be unconstitutional and void. the supreme court ..... mean that price, upon calculation of the entire payment payable to the contractor on satisfactory completion of the contract. the 'works contract' is defined under section 2 (ww) of the binary finance act, 1981. it reads as under:'2(ww) 'works contract' means any agreement for carrying out for cash or deferred payment or other valuable consideration .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-05-2003
Reported in : (SCSuppl)2004(1)CHN169; 97(2004)CLT634(SC); [2003(4)JCR226(SC)]; JT2003(8)SC358; (2004)2MLJ41(SC); 2003(9)SCALE368; (2003)8SCC740; 2004(1)LC469(SC)
..... hem singh and anr. v. harnam singh and anr. : [1955]1scr44 , it was observed by this court that under the hindu law adoption is primarily a religious act intended to confer spiritual benefit on the adopter and some of the rituals have, therefore, been held to be mandatory, and compliance with them regarded as a condition of ..... per contra, learned counsel for the respondents submitted that in this case adoption is claimed to have been made prior to enactment of hindu adoption and maintenance act, 1955 (for short the 'act'). several essential ingredients have to be established to come to a conclusion about the valid adoption and, the evidence fell short of that legal requirement. additionally, ..... valid adoption. section 11 prohibits adoption; in case it is of a son, where the adoptive father or mother by whom the adoption is made has a hindu son, son's son, or son's son's son, whether by legitimate, blood relationship or by adoption, living at the time of adoption. prior to the act under the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-05-2003
Reported in : 2004(5)ALLMR(SC)180; JT2004(6)SC144; (2004)1SCC497
..... of 6% per annum from the date of decree till realisation. clause (e) of sub-section (2) of section 97 of the amending act of 1976 is reproduced as under:'(e) the provisions of section 34 of the principal act, as amended by section 13 of this act, shall not affect the rate at which interest may be allowed on a decree in any ..... commercial transaction so as to attract rate of interest charged by nationalised banks from time to time on commercial transactions;(d) in view of sections 13 and 97 of the code of civil procedure (amendment) act 1976, the present suit having been instituted prior to amendment of the c.p.c., interest could be awarded as per provisions of ..... is circumscribed i.e. it cannot be more than 6% per annum.16. an amendment of plaint relates back to the date of institution of the suit. section 97(2)(e) of the civil procedure code (amendment) act, 1976 provides that in suits instituted before enforcement of the amended provision, interest has to be awarded as per the unamended .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
..... fine-tuned performance at the difficult heights of some disciplines where the best alone is likely to blossom as the best. to sympathise mawkishly with the weaker sections by selecting sub-standard candidates, is to punish society as a whole by denying the prospect of excellence say in hospital sendee. even the poorest, when ..... has been conducting the said examination. it may continue to do so unless a competent body is created by the central government in terms of a parliamentary act or otherwise. all expenses for conducting such examination shall be borne by the central government which would also provide the requisite infrastructure therefore. one test shall ..... capitation fee is charged and that there is no profiteering.'options:102. one possible remedy is to make a rule under the prevention of the capitation fee act that collecting any fee that was not previously announced in the college publications and any fee collected without a formal receipt should be punishable offences. this .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2004ACJ46; 97(2004)CLT643(SC); 2003(4)CTC447; [2003(4)JCR225(SC)]; JT2003(9)SC159; 2004(1)MhLj1076; (2004)2MLJ39(SC); 2004MPLJ476(SC); 2003(9)SCALE362; (2003)8SCC718
..... the tribunal and the high court fell in error in concluding that the liability was restricted to the sum of rs. 50,000/-under section 95(2) of the motor vehicles act, 1939. we find that in 1982 section 95(2) had been amended to increase the liability of the insurance company to rs. 1,50,000/-. thus, on the date of ..... behalf of the appellants it is contended that the tribunal had applied a wrong multiplier. it was submitted that on the date the tribunal gave the award the motor vehicles act, 1988 had already come into force. it was submitted that the schedule for payment of compensation should have been applied. it was submitted that the multiplier should have been ..... damages, the tribunal directed payment of interest at the rate of 12% per annum. the tribunal held that the liability of the insurance company was limited under the motor vehicles act to rs. 50,000/-. the tribunal held that the balance would have to be paid by the owner of the vehicle. 3. the appellants filed an appeal in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2004(1)ALD(Cri)116; 2004(1)BLJR533; 2003(90)ECC779; JT2003(8)SC527; 2003(9)SCALE247; (2003)8SCC726; 2004(1)LC500(SC)
..... as a contraband article if possessed for sale. he also pointed out from the definition that the possession of said contraband was an offence even under section 21 of the act. learned counsel rebutting the argument of learned counsel for the appellant submitted that the contradictions pointed out by the learned counsel in regard to the ..... the contraband contained impure heroin which was known in the market as brown sugar. after completion of the investigation, a chargesheet was laid for offence punishable under section 21 of the act as stated above. the trial court as well as the high court have found the appellant guilty. 3. in this appeal, mrs. santosh singh, ..... on the suspicion that the appellant was carrying contraband goods, pw-1 expressed his desire to search the appellant. he informed her of her right under section 50 of the act to be searched by a gazetted officer or a magistrate which right the appellant allegedly waived. on such waiver, the lady constable pw-2 accompanying the .....
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