Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC199; [2006(111)FLR898]; [2007(3)JCR72(SC)]; 2006(10)SCALE362; (2006)10SCC572; 2007(2)SLJ1(SC)
..... by the appellant without considering the subsequent events. according to him, the disclosure statement made by mr. g.c. luthra subsequently on 19.7.2001 under sections 406/420 ipc should have been considered. this contention deserves to be rejected outright. the disciplinary enquiry was completed on 3.2.1998. the appellant was ..... proved misconduct of a bank officer. 13. in disciplinary authority-cum-regional manager v. nikunja bihari patnaik : (1996)iillj379sc this court held that a bank officer's acting beyond his authority constituted misconduct and no further proof of loss is necessary. in the case of regional manager, u.p. srtc. v. hoti lal : (2003 ..... nil balance. thus, sh. suresh pathrella had misappropriated an amount of rs. 10.00 lac without the consent and authority of the beneficiary. by his above acts sh. suresh pathrella has violated regulation 3(1) of oriental bank of commerce officer employees (conduct) regulations, 1982 which is punishable under officers' discipline and appeal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC204; 2007(2)ALT91(SC); 2007(1)AWC947(SC); [2008(2)JCR139(SC)]; JT2006(10)SC121; (2007)11SCC600
..... they had acquired title by adverse possession ?(2) whether the lower appellate court was right in overlooking that the plaintiff had been excluded even before the coming into force of act 30 of 1956 and had thereby lost her right by exclusion and ouster ?(3) whether the lower appellate court was right in omitting to note the suit instituted 12 years ..... by both the sons of raju naidu and step sons of the plaintiff but without any result. one year before filing of the present suit, defendant nos.1 & 2 started acting against the interest of the plaintiff and they stopped giving the income to the plaintiff. then they alienated item nos. 3 to 8 of the scheduled properties to defendant no .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : JT2006(10)SC187; 2007(1)MPHT196; 2006(11)SCALE5; 2007(3)SLJ329(SC)
..... the essential qualifications stipulated in the advertisement were the minimum. 4. the state of madhya pradesh, in exercise of its power conferred upon it by sub-section (2) of section 15-a of the madhya pradesh vishwavidyalaya adhiniyam, 1973 made rules known as madhya pradesh state university service rules, 1982 (for short, 'the 1982 rules ..... in articles 14, 15 and 16 of the constitution of india are heart and soul of our constitution. a constitutional authority, although, would be presumed to act fairly, this court, while laying down the norms on which such statutory authorities must function keeping in view the possibility of showing nepotism or favoritism in favour ..... or the other, laid down the same having regard to the doctrine of reasonableness and with a view to refrain the constitutional and statutory authorities from acting arbitrarily. the sole purpose of issuing such directions by this court had been to uphold the doctrine of equality enshrined in our constitution. we have noticed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : 2006(10)SCALE369; 2006(3)ShimLC319
..... appears that the investigating officer procured the album containing the photographs with the names written underneath and showed this album to the eyewitnesses and recorded their statements under section 161 crpc. the procedure adopted by the police is not justified under law as it will affect fair and proper investigation and may sometimes lead to a ..... hours from lodging of the first information report on the basis of his description given in the fir.3. appellant was charged for commission of an offence under section 302 of the indian penal code. he pleaded not guilty thereto. the prosecution in support of its case examined ten witnesses. pw-2 was the complainant in ..... was the younger sister of the deceased. appellant herein was an employee of the state reserves police. he was an accused of commission of an offence under section 326 of the indian penal code for causing hurt to another autorickshaw driver machindra baburao thombare (pw-2). the deceased was called upon to mediate in the said .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2006
Reported in : 133(2006)DLT605(SC); 2006(10)SCALE246; (2006)10SCC490
..... is, therefore, necessary that the development in the city should have environmental clearance. we, therefore, direct the central government to constitute an authority under section 3(3) of the act and confer on the said authority all the powers necessary to deal with the environmental protection issue arising out of the project in hand or any other ..... environment impact assessment of the area has to be done by the experts. we are of the view that the authority contemplated by section 3(3) of the environment (protection) act, 1986 ('the act') can be the only appropriate authority to look into the environment protection side of the present project or any other project which the ..... and environment protection to be appointed by the central government. the central government shall confer on the said authority the powers to issue directions under section 5 of the act and for taking measures with respect to the matters referred to in clauses (i), (iii), (iv), (vi), (viii), (ix), (x) and (xii) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-11-2006
Reported in : AIR2006SC3385; JT2006(9)SC72; (2006)4MLJ1555(SC); 2006(10)SCALE98; (2006)8SCC161
..... any law relating to a matter to which the executive power of the state extends.the provision corresponding to article 72 in the government of india act 1935 (in short 'the government act') was section 295 which reads as follows:(1) where any person has been sentenced to death in a province, the governor-general in his discretion shall ..... accordance with the provision of the constitution. since such material would be exclusively within the knowledge of the union government, in view of the provision of section 106 of the evidence act, the burden on proving the existence of such material would be on the union government.19. the position if the government chooses not to disclose the ..... article 161 of the constitution have not been so provided specifically that would not mean that such power was not intended to be exercised. 21. sections 14 and 21 of the general clauses act deal with powers conferred to be exercisable from time to time and a power to issue, to include power to add to, amend, vary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-11-2006
Reported in : 2007CriLJ20; II(2006)DMC757SC; [2007(1)JCR293(SC)]; JT2006(9)SC50; 2006(10)SCALE190; (2006)10SCC681; [2006]148STC638(SC)
..... link of the process. many facts relating to this illicit business remain in the special or peculiar knowledge of the person concerned in it. on the principle underlying section 106, evidence act, the burden to establish those facts is cast on the person concerned; and if he falls to establish or explain those facts, an adverse inference of facts ..... that the prosecution had failed to establish the charge of murder against the accused persons beyond any reasonable doubt. this court took note of the provisions of section 106 of the evidence act and laid down the following principle in paras 31 to 34 of the reports:31. the pristine rule that the burden of proof is on the ..... be of the same degree as is required in other cases of circumstantial evidence. the burden would be of a comparatively lighter character. in view of section 106 of the evidence act there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the crime was committed. the inmates of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2006
Reported in : AIR2007SC51; 2006CriLJ4772; [2007(2)JCR54(SC)]; JT2006(12)SC590; 2007(1)MPHT1; 2007(1)OLR(SC)143; 2006(10)SCALE62; (2006)11SCC473
..... construed as references to the definition of 'owner' in clause (1) of section 2 of the mines act, 1952, which repealed and re-enacted 1923 act. consequently, the references to section 562 of old code in section 19 of the probation act and to section 5(2) of the old act in section 18 of the probation act, respectively have to be inevitably read as references to their corresponding provisions ..... be notification in the official gazette appoint. in state of tamil nadu it came into force in the entire state in the year 1964. section 19 of that act lays down that, subject to the provisions of section 18, section 562 of the criminal procedure code, 1898 (hereinafter referred to as 'old code') shall cease to apply to the states or parts in which the probation .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2006
Reported in : AIR2007SC107; II(2006)DMC804SC; JT2006(12)SC586; 2006(10)SCALE82
..... proximity test. it cannot be said that the term 'soon before' is synonymous with the term 'immediately before'. this is because of what is stated in section 114 illustration (a) of the evidence act. the determination of the period which can come within the term 'soon before' is left to be determined by the courts, depending upon the facts and ..... with the demand of dowry; and(e) to such cruelty or harassment the deceased should have been subjected soon before her death.9. no presumption under section 113-b of the evidence act would be drawn against the accused if it is shown that after the alleged demand, cruelty or harassment the dispute stood resolved and there was no ..... . state of punjab : 2000crilj2993 a three-judge bench of this court dealt with the presumption available in terms of section 113-b of the evidence act, 1872 (in short 'the evidence act') and its effect on finding persons guilty in terms of section 304b ipc. it was noted as follows: (scc p. 217, para 9)9. the law as it exists .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-2006
Reported in : AIR2007SC63; I(2007)BC147(SC); [2006]133CompCas915(SC); (2006)6CompLJ417(SC); 2007(3)CTC197; JT2006(12)SC603; 2006(10)SCALE28; (2006)10SCC709; [2006]72SCL130(SC); 2007(2)LC
..... the liquidator appointed by the company court and after hearing him.(iii) if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor company-in-liquidation, the said power could be exercised by it only after obtaining ..... notice to the official liquidator or the liquidator appointed by the company court and after hearing him.(ii) a district court entertaining an application under section 31 of the sfc act will have the power to order sale of the assets of a borrower company-in-liquidation, but only after notice to the official liquidator or ..... be void against the liquidator or creditors. the question which arises for consideration is as to whether if the properties are attached by a revenue recovery court, section 125 of the act would be applicable? an attachment itself does not create any charge in the property. by reason of attachment, no decree is passed.6. the expression ' .....
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