Court : Chennai
Decided on : Oct-06-1989
Reported in : 1991CriLJ476
..... magistrate, both parties initiated several proceedings before the competent civil courts, claiming various reliefs in respect of not only the subject matter of dispute in the proceedings under section 145 cr.p.c. viz. mosque, but also in respect of other properties owned by the mosque. 3. it is necessary to mention only such of ..... ), who were arrayed as counter-petitioners before the executive magistrate. the inspector of police, chidambaram town, laid information before the learned magistrate for initiation of proceedings under section 145 cr.p.c. on 28-2-1985, since the scramble for possession of the mosque between the parties was likely to create breach of peace and law ..... of absence of an order passed by the executive magistrate. the executive machinery has to act with all speed and haste in such a situation, so as to maintain tranquillity of the atmosphere in the locality concerned. the remedy provided under section 145 cr.p.c. is rather summary, in the sense of investing power upon the .....
Tag this Judgment!Court : Chennai
Decided on : Oct-06-1989
Reported in : (1989)2MLJ332
..... as follows:after the conclusion of arguments we asked parties' counsel to address us on the question of jurisdiction in view of the fact that section 62 of the act (copyright act) requires suit or other civil proceedings in respect of the infringement of copyright to be instituted in the district court having jurisdiction. we heard arguments ..... , any of them actually and voluntarily resides or carries open business or personally works for gain'. the learned judges referred to the prior act, viz., indian copyright act, 1914, which in section 13 expressly provided that civil proceedings relating to infringement of copyright shall be instituted in the high court or the court of the district judge ..... taken away and entrusted to the family court, the full bench is constituted to render a final verdict on the scope and ambit of section 7 and section 8 of the act and on the question whether the jurisdiction exercised by the high court under letters patent is in any manner affected by reason of the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-06-1989
Reported in : [1990]182ITR130(Bom)
..... lives of the directors for meeting the assessee's obligations for payment to them at the time of their retirement would not fall within the mischief of section 40(a)(v) of the income-tax act, 1961 '2. counsel are agreed that the first question is covered by this court's judgment in cit v. colour-chem ltd. : [1977]106itr323(bom ..... them, it being receivable only upon the termination of their service.4. dr. balasubramanian, learned counsel for the revenue, drew our attention to the definition of 'perquisite' appearing in section 40a(5), explanation 2(b) (iv), namely, 'payment by the assessee of any sum in respect of any obligation which, but for such payment, would have been payable ..... pensionary or deferred annuity benefits to his employees were in question. the supreme court held that the expression similar to that set out above in the indian income-tax act, 1922, applied only to sums in regard to which there was an obligation on the part of the employer to pay and a vested right on the part .....
Tag this Judgment!Court : Delhi
Decided on : Oct-06-1989
Reported in : 1990CriLJ304; 1990(2)Crimes151; 40(1990)DLT69; 1990(18)DRJ162
..... been complied with. he has placed reliance on k. l. subbayya v. state of karnataka : 1979crilj651 . in the said case, the provisions of sections 34 and 54 of the mysore excise act came up for consideration. the learned additional sessions judge had in his judgment distinguished the said case when he found that the provisions of the mysore excise ..... various judgment of the supreme court on this point in richhpal v. state (delhi admn.), : 1989 cri lj 419. s. 16 of the opium act only lays down that all searches under sections 13 and 14 shall be made in accordance with the provisions of the criminal p.c. s. 100 of the criminal p.c. was, in fact ..... p.c. have not been complied with. this point came up for consideration before the supreme court in dr. partap singh v. director of enforcement, foreign exchange regulation act, : 1986crilj824 of the judgment the supreme court held as follows : 'assuming that it is obligatory upon the officer proceeding to take search or directing a search to record .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-1989
Reported in : (1990)92BOMLR1; (1990)1GLR209; JT1989(4)SC74; 1989(2)SCALE780; (1989)4SCC612; [1989]Supp1SCR380
..... interpreted to have taken away that right by necessary intendment. we do not find any such indication either in the amended sub-section (3) of section 12 of the act or even in section 25 of the amendment act 18 of 1987. by taking recourse to the process of reopening of proceedings one cannot put the hands of the clock back ..... be reopened. a provision containing exceptions cannot be interpreted so as to enlarge the scope of sub-section (3) of section 12 of the act. the said section 25 may be applicable to sub-section (2) of section 15 as amended by the amendment act 18 of 1987, the amendments whereunder were given retrospective effect as indicated earlier or also to a ..... no dispute regarding the amount of standard rent or permitted increases was raised by the tenants. on a plain reading of clause (a) of sub-section (3) of section 12 of the act as it stood at the relevant time, the said clause was clearly attracted and the consequence provided therein had to follow namely a decree for eviction .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-1989
Reported in : 1991CriLJ120
..... duly licensed manufacturer, distributor or dealer thereof. this cannotes that the dealer himself cannot seek protection for contravention of the provisions of the act, as contemplated under sub-section (3) of section 30 of the act.14. i am further supported on this point from the definition of the 'dealer' given in insecticides (price, stock display and submission ..... variations in the emulsion stability test show that the sample was not below the standard prescribed. it is alleged that the petitioner's licence granted under section 13 of the act has been illegally cancelled.5. the state in its reply admitted the taking of the sample according to law and procedure, and, reiterated the ..... connected in case of sale of misbranded nuvan by a unity of purpose and the design, and, thus render them guilty for punishment under section 29(1) of the act.4. according to the allegations in the petition, the petitioner's firm and also the manufacturers had submitted reply to the show-cause notice, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-05-1989
Reported in : AIR1990P& H292
..... have not been given admis-sion by the private institutions which have been given admission by the private institutions which have been duly approved under sub-sec. (1) of s. 12 of the pharmacy act. according to the board, since the students have given their first preference with a particular institution, therefore, they were directed to be admitted ..... present case, it could not successfully argued on behalf of the respondents that as regards admission in the institution which has been approved under sub-sec. (1) of s. 12 of the pharmacy act, they are not entitled to make admissions according to their own prospectus. it may be that if state aid etc. was given to the ..... institutions only because the board also conducts examinations not only for pharmacists as approved under sub-sec. (2) of s. 12 but otherwise also.16. as regards the central act no. 52 of 1987 i.e. the all india council for technical education act, 1987 which came into force on 28th march, 1988, it has no applicability to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-1989
Reported in : JT1989(4)SC89; 1989(2)SCALE811; (1989)4SCC603a; [1989]Supp1SCR410
..... principal immediately terminates the agent's actual authority to act for the principal unless the agent's authority is coupled with an interest as envisaged under section 202 of, the indian contract act. when agency is revoked, the agent could claim compensation if his case falls under section 205 or could exercise a lien on the principal ..... 's properly under section 221. the agent's lien on principal's property recognised under sec-lion 221 could be exercised ..... and places no particular trust in b, the doctrine of fiduciary relations would not apply. likewise, where the principal authorises an agent to do particular or specified acts, the doctrine of fiduciary relation may not arise. what we want to emphasise is, in all cases of general agency, the relation may be generally fiduciary, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-05-1989
Reported in : 1990MPLJ634
..... to dhansingh and hakamsingh are said to be caused by pissu and mullu chamar respectively, and to karansingh, by pussu chamar. probably in view of section 5, evidence act, which lays down 'that evidence may be given in any proceeding of the existence or non-existence of every fact in issue or such other facts ..... made in an investigation other than that which results in a trial in which those statements are sought to be used.' this was considered in context of section 145, evidence act. this is also the view taken in jhumanlal v. state of rajasthan, air 1957 raj. 185 and bejjanki rajan v. state of andhra pradesh air ..... and the opinion as to cause of death can be admitted in evidence only under 'section 45, evidence act. by admitting document under section 294, criminal procedure code the document could not become under section 45, evidence act expert evidence. it was further observed, that section 294, criminal procedure code does not in any way modify the law of evidence. because of non .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-05-1989
Reported in : (1990)(46)ELT569TriDel
..... manufacturer can have more than one factory and each factory can be entitled to avail of benefit under this notification. he referred to section 13d of the industries (development regulation) act, 1951 whereby it is provided that no registered industrial undertaking can effect any substantial expansion except under and in accordance with the licence ..... shri bajoria, l.a., the word 'substantial expansion' would also include establishment of new factory, as per explanation given under section 13 of the industrial (development regulation) act, 1951. so, here the said act itself, envisages establishment of a new factory also. in that case also, the existing undertaking is entitled to avail of ..... chittor cement works is not a new factory. the second ground contended by shri sunder rajan is that in terms of section 6 of the central excises & salt act, 1944 (hereinafter referred to as act) read with rule 174 of rules, the central excise licence is granted to a manufacturer/a person who engages in .....
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