Court : Punjab and Haryana
Decided on : Nov-17-1989
Reported in : (1990)97PLR27
..... enunciated in the judgment of the supreme court and grant the relief in this case.'5. as regards the single bench judgment, the benefit was being claimed under the amending act and it has nothing to do with the facts of the present case where amendment is sought of the memorandum of appeal after 10 years. moreover, before the learned single .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-17-1989
Reported in : AIR1991P& H18
..... has to be interpreted liberally giving the rights to the heirs of a person who has unfortunately died but who has filed the application claiming benefit of section 13-a of the act within time. the learned counsel for the petitioner has further argued that there is no evidence on the record of the case that kamla devi at the ..... his widow would certainly have the right to recover possession. if the interpretation as has been put by the petitioner's counsel is accepted, the proviso to section 13-a of the act would become redundant. moreover, no such rider has been put to the proviso that if the landlord dies after the filing of the application within the prescribed ..... , the widow of the deceased dev jit has been allowed to be impleaded as legal heir of her deceased husband by placing reliance upon the proviso to section 13-a of the act which clearly specifies that the widow of the deceased-landlord dependent upon her husband is entitled to make an application.2. at the time of admission of .....
Tag this Judgment!Court : Chennai
Decided on : Nov-17-1989
Reported in : 1990CriLJ2767
..... and temporal lobe. stomach contains about seven ounces of liquid, smell of arrack. the mueus membrane of the stomach was lacerated. lungs pale in colour. liver pale in colour. cut section dry. spleen and kidney are normal. opening of the skull. fracture of both parietal bones extradural haemorrhage and blood clot present. meninges congested. brain substance normal."in the opinion of ..... returned to their houses. all that has to be considered now is whether p.w. 1 has place the entire truth about the occurrence as it has happened. the over acts in respect of each of the accused, which have been detained earlier, have been spoken to by p.w. 1 as for the over tact attributed to the second ..... is concerned neither p.w. 6 nor p.w. 7 had noticed any injury on the occipital region of the head of the deceased to furnish/corroboration, to the overt act attributed only one beating on the back of the head of the deceased by a. 1. it will be relevant to notice the medical evidence furnished by p.w. .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-16-1989
Reported in : (1989)91BOMLR770; [1990(60)FLR686]; (1991)ILLJ89Bom
..... observed as follows :'this decision does not lay down that any of the statutory corporations and other bodies which are expressly included in section 2(a) of the industrial disputes act, 1947 either originally or by virtue of the amendment of 1982 cannot be said to be an industry carried on 'by or ..... under the authority of the central government'. it is necessary to draw attention to the definition of 'appropriate government', as set out in section 2(a)(i) of the industrial disputes act, 1947 which provides that 'appropriate government' means : (i) in relation to any industrial dispute concerning any industry carried on by or ..... managing director, officers and other employees, however such appointments are subject to the approval of the central government. section 9 provides that the corporation shall act, as far as possible, on business principles. under section 10 all expenditure incurred by the central government for or in connection with the corporation upto the date of establishment .....
Tag this Judgment!Court : Delhi
Decided on : Nov-16-1989
Reported in : 1990CriLJ939; 1990(18)DRJ218
..... declaration, statement or document is false in any material particular. the learned counsel for the petitioner has pointed out that the declaration referred to in section 132 of the customs act has a special meaning and such a declaration has to be made by a person at the time of getting the goods released from the customs ..... & another v. stale of punjab, : 1970crilj750 . section 132 of the customs act reads as follows :- 'false declaration, false documents, etc.-whoever makes, signs or uses. or causes to be made, signed or used any declaration, statement or document ..... petitioner inasmuch as the petitioner had not actually attempted to take delivery of the said goods from the customs authorities. he has also argued that offence under section 132 of the customs act is also not made out. he has placed reliance on union of india & others v. khatil kecherim 1970 cri. l.j 147 and malkiat singh .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-1989
Reported in : 1991CriLJ641
..... .11. criminal appeal is, therefore, allowed and the acquittal is set aside. respondent-is convicted for having committed an offence punishable under section 16(1)(a)(i) of the prevention of food adulteration act. he is sentenced to undergo simple imprisonment for a period of six months and to pay a fine of rs. 1,000/-with ..... j.1. this criminal appeal against acquittal came up for hearing again when the judgment of conviction and sentence under section 16(1)(a)(i) of the prevention of food adulteration act was set aside in a petition filed under section 482 of the code of criminal procedure and the appeal reopened.2. sample is curd, which the respondent exposed ..... of pw1 show that everything was intact and the sample was fit for analysis. no extraneous matter was there evidencing any unclean vessel being used. when an official act is shown to have been performed, there is the presumption that it has been regularly performed until at least that presumption is rebutted. normally clean and dry .....
Tag this Judgment!Court : Kerala
Decided on : Nov-16-1989
Reported in : AIR1990Ker261
M.M. Pareed Pillay, J. 1. Defendant is the appellant. Plaintiff (respondent) filed the suit for eviction of the defendant who is a tenant of the plaint schedule building. The trial Court. decreed the suit and it has been confirmed by the lower appellate Court.2. For the plaintiff, Advocate Mr. Cyriac Joseph entered appearance. Mr. E. V. Nayanar, counsel for the defendant contended that as rent was received by the plaintiff subsequent to the notice there is waiver and hence the plaintiff cannot get recovery of possession of the property. Learned counsel for the plaintiff submitted that mere acceptance of rent does not tantamount to a waiver as the rent was accepted in lieu compensation for use and occupation.3. The essential element of waiver is that there must be a voluntary and intentional relinquishment of a known right or conduct as warrants the inference of the relinquishment of such right. To constitute waiver there must be definite evidence of a voluntary and intentional relinqui...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-16-1989
Reported in : AIR1990SC532; JT1989(4)SC330; (1990)IILLJ443SC; 1989(2)SCALE1119; 1990(Supp)SCC668; [1989]Supp2SCR182; (1990)1UPLBEC533
..... or other work is of perennial nature, the decision of the appropriate government thereon shall be final.2. in exercise of the powers under section 10(1) of the act, the government of west bengal issued a notification dated february 9, 1980 prohibiting the employment of contract labour in 16 departments covering 65 ..... categories as may be notified by the appropriate government in the light of criteria laid down in the act and also regulating the service conditions of contract labour where abolition is not possible. section 10 of the act which is relevant is as under :prohibition of employment of contract labour :(1) notwithstanding anything contained ..... in this act, the appropriate government may, after consultation with the central board or, as the case may be, a .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-16-1989
Reported in : AIR1990P& H231; (1990)97PLR143
ORDER1. The matter here concerns the execution of a decree for specific performance.2. Execution of a decree of specific performance having been applied for, notice was served upon the judgment-debtor. The judgment-debtor was proceeded against ex parte when he did not appear despite service. On the application of the decree-holder, thereafter, it appears, a Local Commissioner was appointed who executed a sale deed pertaining to the land which was the subject matter of the decree. It was thereafter that the judgment-debtor filed an application under S. 47 of Civil P. C. seeking the setting aside of the said sale deed on the ground that the draft of the document to be executed had not been served upon him and no opportunity had been afforded to him for filing objections to the proposed sale deed. The reference here being to the provisions of Order 21, Rule 34 of theCivil P. C. This objection prevailed with the trial Court where there provisions were held to be mandatory and the sale deed...
Tag this Judgment!Court : Kolkata
Decided on : Nov-16-1989
Reported in : (1990)1CALLT263(HC)
..... . it is clear that substance of the information is not stated in the notice which merely gives a bad name to the petitioners and sets down the clause of the section. the report of the officer-in-charge and the petition of the state have been referred to but substance of the allegation contained therein is not stated nor the copies ..... instant case substance of the information was not given in the notice. the order of the learned magistrate is in the following terms. 'seen p. r. drew up proceedings under section 107 cr. p.c. against all the o.ps. heard petitioner. seen police report. it appears that you are likely to commit breach of peace or disturb the public tranquillity ..... or do any wrongful act which may result breach of peace or disturbance to public tranquillity.4. you are hereby directed to show cause under section 107 cr. p.c. by 3.4.84 why you should not be ordered to furnish a bond of rs .....
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