Court : Madhya Pradesh
Decided on : Dec-15-1989
Reported in : 1990MPLJ780
..... to central provinces and berar is available to appellants and the appellants are bound to pay additional amount, solatium and interest in accordance with section 23 and section 28 of the act.19. before we conclude, we make it clear that appellant no. 1, who was not a party to the proceedings before the court ..... the court for determining market value, the claimants therein are in a position of plaintiffs. therefore, the proceedings in a court on a reference under section 18 of the act are quite independent and original proceedings. the said proceedings have no relation with the proceedings before land acquisition officer, who on evaluation of material adduced ..... cross-objections under order 41, rule 22, civil procedure code, for enhancement of compensation, solatium and interest in accordance with the amendments made in sections 23 and 28 of the act by amendment act no. 68 of 1984. as a common award was passed and common submissions were made by learned counsel for the respective parties, all .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1989
Reported in : (1990)1MLJ199
..... has been made by the collector before taking possession. the payment of interest, therefore, cannot, in any way, whittle down the requirements of section 11-a of the act (supra). the section talks of the interest becoming payable from the date of taking over possession at the specified rate on the award amount when the compensation is ..... revesting takes place by operation of law.15. the last submission made by mr. krishnamurthi appearing for the second respondent was that since under section 34 of the land acquisition act interest is payable on the failure to pay or deposit the compensation, the delay in the making of the award, particularly when urgency provisions ..... preventing the authorities from passing orders within the stipulated time.4. mr. k. govindarajan, learned counsel for the appellant, submits that as per section 11-a of the land acquisition act, in any event, within two years from 3.12.1984 the collector having not passed the award, the entire proceedings for the acquisition of .....
Tag this Judgment!Court : Chennai
Decided on : Dec-15-1989
Reported in : 1993(44)ECC84
..... chemical examiner or an expert in this regard, and thereafter appropriate duty to be collected thereon. aggrieved against that portion of the adverse order, a revision under section 36 of central excises and salt act, 1944 was filed before the first respondent, which confirmed the same by order dated 24.2.1979. therefore, it had necessitated the filing of the writ petition ..... . subramaniam, learned counsel for the appellant/writ petitioner, would submit that, any misconception entertained by a licensee about the nature of the goods, would not confer a right under the act to claim payment of duty, unless it be established by the authorities, that aluminium sheets and plates had been manufactured by petitioner. statements forcibly taking [taken?] by the authorities on .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Dec-15-1989
Reported in : (1990)32ITD550(Ahd.)
..... failure and reject the assessee's claim of carry forward and set off of loss on the ground that loss had not been determined as required under section 24(3) of i.i.t. act, 1922. in this case also the ito had chosen not to allocate the amount of unabsorbed depreciation of a.ys. 1975-76 and 1977-78, which was ..... and reject the assessee's claim of carry forward and set off of loss on the ground that the loss had not been determined as required under section 24(3) of the indian income-tax act, 1922. the learned counsel, therefore, submitted that even if it is assumed that in view of judgment of hon'ble gujarat high court having territorial jurisdiction ..... ground no. 2, the learned d.r. submitted that the cit(a) was not justified in directing the ito to remit the interest under section 215of the act. it was submitted that an order of rectification passed under section 154 is covered by the term 'regular assessment' as held by the hon'ble gujarat high court in bardolia textile mills v. 770 [1985 .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-1989
Reported in : ILR1990KAR42
..... petition under article 226 on the ground that the additional collector had no jurisdiction. all the assessments made by the additional collectors were validated by an amending act. section 11 of that amendment gave a right to apply for review before the higher authority or court by whose order the assessment made by additional collectors were ..... of either the penal code or the code of criminal procedure. such a position is also clear from the provisions of the contempt of courts act, 1952. section 3 of that act provides that every high court shall have and exercise the same jurisdiction, powers and authority in accordance with the same procedure and practice in respect ..... such a decision was not appealable. in the paragraph on which the learned counsel relied, the supreme court has referred to the several provisions of the act including section 20. but the question which arises for consideration in this case did not arise for consideration. in the case of vinaya chandra the high court had .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-14-1989
Reported in : (1990)2CALLT421(HC)
..... at all established or not. in the absence of such a finding the award of the tribunal is not warranted even under the amended provision of section 11a of the industrial disputes act.15. for the reasons stated hereinbefore, i am constrained to hold that the finding of the learned tribunal is not warranted by the reasons given by ..... been annexed to the writ petition marked with the letter 'n'.9. before we proceed further we may note in passing the import or impact of section 11a of the industrial disputes act, 1947 which, has empowered the tribunal to come to its own conclusion on the basis of the evidence already on record.10. before the engraftment of ..... section 11a into the body of the industrial disputes act, 1947, tribunals were only entitled to see whether the domestic proceeding was held properly and fairly. if the tribunal found that the domestic enquiry .....
Tag this Judgment!Court : Delhi
Decided on : Dec-14-1989
Reported in : 42(1990)DLT1
..... /34 indian penal code . and were sentenced so undergo imprisonment for life. surinder kumar and mukesh were also found guilty under section 27 of the indian arms act and were further sentenced to undergo rigorous imprisonment for two years. the sentences were passed by an order dated 30th of march 1987 the date on which their order of ..... that accused samey and muna had asked his son kaptan singh not to appear as a prosecution witness in case f.i.r. no. 503/82 police station shahdara under sections 392 and 394 indian penal code . he, however admits that these accused persons were not involved in that case but the persons involved in that case were the associates of ..... incident took place. it is the stand of balraj that he did briefly narrate the story to these two persons but this was never his stand when his statement under section 161 cr.p.c. was recorded. obviously, this is an improvement. from the testimony of balraj it would appear that he did not know as to where surinder kumar and .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Dec-14-1989
Reported in : 1991CriLJ33
..... imprisonment for life. this act has also introduced section 113-b in the evidence act which provides that when the question is whether a person has committed dowry death of a woman and it is shown that soon before her ..... had been subjected to d &c; operation and taken out of the hospital within 3 hrs. against medical advice, when considered in the context of section 113-b of the evidence act would entitle the court to presume that it was a case of dowry death. the investigation has been undertaken apparently because of the applicant's efforts and ..... the fact that shri dhakad, advocate, who admittedly is the son of the govt. pleader was engaged by the non-applicants. as regards section 304-b ipc, the provision was inserted by dowry prohibition (amendment act, 1986) and provides for punishment with imprisonment for a term which shall not be less than 7 years but which may, extend to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-1989
Reported in : 1990ACJ345; AIR1990SC513; 1990(1)Crimes469(SC); JT1989(4)SC553; (1990)98PLR609; 1989(2)SCALE1315; (1990)1SCC422; [1989]Supp2SCR488; 1990(1)LC434(SC)
..... that injuries were antemortem caused by blunt force impact/possible injuries were not sufficient to cause death. death was due to pneumonitis as diagnosed clinically. offence was changed to section 304/34 ipc.8. it has also been stated therein that maya devi was residing in one room adjacent to room of kamlesh kumari for 6-7 months, the ..... with the death of naresh, son of kamlesh kumari showing that naresh was done to death on account of the beating and assault by the agency of the sovereign power acting in violation and excess of the power vested in such agency. the mother of the child, kamlesh kumari, in our considered opiniou, is so entitled to get compensation for ..... the point of view of first principles, there should be no difficulty in holding that the state should be as much liable for tort in respect of a tortious act committed by its servant within the scope of his employment and functioning as such as any other employer. the immunity of the crown in the united kingdom, was based .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-14-1989
Reported in : 1989(2)WLN362
..... trial to the court of sessions. the case came for trial before the additional sessions judge (1), ajmer, who framed charges under sections 302 and 307 ipc against the accused to which he pleaded not guilty and faced the trial. in support of its case the ..... in the instant case, the facts are very startling. the accused was kept in police custody from 16-12-1984 to 31-12-1884 pw 1 ram chandra is a rakshak in r.p.f., ajmer. harchcha ram pw 6 is a porter at the railway station ..... no beard would have been mixed with him. we are not at all satisfied with this statement of the learned magistrate. the act of conducting the test identification of the aspect is solemn and is responsible in nature. in should, therefore be discharged in a fair ..... arrested the accused in naharpura locality, ratlam on 26-12-1984 has not been produced in evidence by the prosecution. the prosecution has act explained as to on what grounds and reasons the accused was arrested at ratlam. the best witness to state so was the dy. .....
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