Court : Gujarat
Decided on : Dec-08-1989
Reported in : 1990CriLJ2500; (1990)2GLR785
..... learned advocate for the petitioner. it is true that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact remains that the ..... aside. that judgment is subsequently followed by this court in criminal revision application no. 340 of 1976, decided on july 1, 1977. section 71, i.p. code specifically provides that when several acts of which one or more than one would by itself or themselves constitute an offence, constitute, when combined, a different offence, the ..... p.s.i. gadhavi should not have been considered as evidence as it is hit by the provisions of section 25 of the evidence act. shri raju also submitted that the further statement recorded under section 313 of the criminal procedure code, in which the applicant admitted to have been driving the truck, should also not have .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-08-1989
Reported in : II(1990)ACC594
..... learned advocate for the petitioner. it is true that any confessional statement made by the accused before the police is not admissible in evidence under section 25 of the evidence act and, therefore, the confessional part of the statement should not have been considered as an admissible evidence. however, the fact remains that the applicant ..... aside. that judgment is subsequently followed by this court in criminal revision application no. 340 of 1976, decided on july 1, 1977. section 71, i.p. code specifically provides that when several acts of which one or more than one would by itself or themselves constitute an offence constitute, when combined, a different offence, the ..... p.s.i. gadhavi should not have been considered as evidence as it is hit by the provisions of section 25 of the evidence act. shri raju also submitted that the further statement recorded under section 313 of the criminal procedure code, in which the applicant admitted to have been driving the truck, should also not have .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-1989
Reported in : 1989(2)SCALE1331; [1989]Supp2SCR465
..... per the records in his office the father's name of sri bhagwan was hira lal. the learned counsel contended that these evidences were inadmissible under section 91 of the evidence act. section 91 of the evidence act provides that when the terms of a contract, or of a grant, or of any other disposition of property, have been reduced to the form ..... also of the right to possession. so long as the tenant retains the right to possession there is no parting with possession in terms of clause (b) of section 14(1) of the act.4. the facts in this case as found by the rent control tribunal which was accepted by the high court are that the concern m/s. hira lal ..... rent control tribunal held that the tenant had parted with the legal possession of the tenanted premises and in that view ordered the eviction of the tenant under section 14(1)(b) of the act. the second appeal filed by the tenant to the high court was dismissed confirming the finding of the rent control tribunal that the tenant had parted with .....
Tag this Judgment!Court : Kerala
Decided on : Dec-08-1989
Reported in : 1990CriLJ2281
..... d1 is that the fifth accused along with some others attacked one adimakunju on 8-5-1984 at about 5.30 p.m. the accused persons were questioned under section 313 of the criminal p.c. all the accused completely denied their involvement in the crime. their main plea was that they were falsely implicated owing to political ..... 2. criminal appeal no. 363 of 1986 is filed by the state for enhancement of the sentence imposed on the accused alleging that the sentence of imprisonment for life under section 302, i.p.c. is grossly inadequate.3. deceased satheesan aged 27 years was a 'karyavahak' of r.s.s. of kodungallur taluk. he was employed in ..... took place in furtherance of common object of wrongful restraining and committing murder of satheesan. they acted in furtherance of this common object and therefore each of them is guilty of offences punishable under sections 143, 148 and 341 and 302 read with section 149 i.p.c. therefore the conviction entered against accused 1 to 4 confirmed. we see .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-1989
Reported in : AIR1990SC322; 1989(2)SCALE1265; 1989Supp(2)SCC753; [1989]Supp2SCR443
..... . oh the recommendation of the standing committee to levy octroi on certain new items of goods the appellant published a notice as contemplated under section 98(1) of the act inviting objections from the public and the said notice was published in the gazette dated 17-9-1974. several objections were received in pursuance of ..... details of the discussions and the deliberation before legislative will is seen expressed by passing the resolution. the connotation of the word 'consideration' occurring in sub-section (1) of section 98 ' comprehends 'taking note of or 'paying heed to' depending upon the nature of the subject. it may be open to the councillors to ..... dated the december 30, 1974 passed by the corporation levying octroi on certain additional items under section 98 of the city of bangalore corporation act, 1949 (shortly stated as 'the act) was declared as invalid.2. section 98 of the act requires the corporation before passing any resolution imposing a tax or duty for the first time to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Dec-08-1989
Reported in : (1990)32ITD694(Delhi)
..... cit (appeals), who vide identical orders dated 20-10-1986 upheld the reopening of the assessments but held that under the provisions of section 32a(2)(b)(iii) of the income-tax act, 1961 the assessee was an industrial undertaking being engaged in the business of construction and was entitled to investment allowance. the revenue is ..... . [1983] 6 itd 575 (delhi), in which the definition of an industrial company within the meaning of section 2(9)(c) of the finance act, 1976 came up for consideration. an industrial company was under the aforesaid act defined to include one engaged in the business of manufacture or processing of goods or in mining. it was ..... the learned counsel for the assessee stressed that the requirements of an "industrial company" under the finance act and of an "industrial undertaking" under section 32a are different it is true that slightly different words have been used in section 32a which uses the words "manufacture or production of any article or thing" in sub-clause (ii .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-07-1989
Reported in : (1990)97PLR398
..... evidence to conclude that the land in dispute had been sold for raising construction for residential, commercial, industrial or any other building purposes as mentioned in section 2(c) of the act.9 for the foregoing reasons, i am of the considered view that the orders passed by both the courts below cannot be said to be illegal ..... would not be sufficient to hold that the land in dispute has been sold mainly for residential, commercial, industrial or other building purposes as contemplated under section 2(c) of the act it is also pertinent to note that even though the complaint, in the instant case, was filed in the year 1984 re. after more than ..... the period 6th january, 1981 to 24th january, 1982 through registered sale deeds in contravention of the provisions of section 8(1) punishable under section 11 (1) of the punjab regulation of colonies act, 1975 (hereinafter referred to as 'the act').3. mrs. bhatia, appearing on behalf of the state contended that since 20 plots sold by the respondent .....
Tag this Judgment!Court : Delhi
Decided on : Dec-07-1989
Reported in : ILR1989Delhi478
..... quite vague in respect of these grounds. however, the original record has been produced at the time of arguments and it clearly shows that the declaration under section 10(1) of the act was issued on april 17, 1989, and the same was duly served on the detenu on april 21, 1989. the signatures of the detenu duly counter ..... date of the detention. (2) counsel for the petitioner in support of this writ petition has urged that the declaration made under section 10 of the act was served only on july 4, 1989, along with the copy of the confirmation order whereas the meeting of the advisory board had already taken place and ..... the detention order dated february 13, 1989 passed by respondent no. 2 under section 3(1) of the prevention or illicit traffic in narcotic drugs and psychotropic substances act, 1988 (for short 'the act') and the declaration dated april 17, 1989, issued under section 10(1) of the act fixing the period of detention of the petitioner as two years from the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-07-1989
Reported in : AIR1990Bom170
..... without obtaining the permission of the reserve bank of india and/or the central government in view of the provisions of the foreign exchange regulation act, 1973.12. under section 13(d) of the code of civil procedure a foreign judgment shall be conclusive as to any matter thereby directly adjudicated upon between the same ..... shall not be conclusive where it sustains a claim founded on a breach of any law in force in india.31. under section 26 sub-section (6) of the foreign exchange regulation act, 1973 except with the general or special permission of the central government or the reserve bank, no person resident in india shall ..... enforce the foreign judgment.36. in the case of m/s dhanrajamalgobindram, v. shamji kalidas and co. : [1961]3scr1029 the supremecourt had considered section 21 of theforeign exchange regulation act, 1947. thecourt said that the responsibility of obtainingpermission of the reserve bank before enforcing a judgment, decree or order of aforeign court is transferred .....
Tag this Judgment!Court : Delhi
Decided on : Dec-07-1989
Reported in : [1990]68CompCas72(Delhi); 40(1990)DLT179; 1990(26)ECC109; 1988RLR445a
..... view to overrule the prior decision of three-member bench on the same subject matter and classification of the goods is not only contrary to the provisions of section 129-c of the customs act, but also an improper exercise of judicial discretion. (12) in case reported as union of india v. godfrey philips india ltd., : [1986]158itr574(sc) ..... . appeals against decisions or orders relating to determination of questions having relation to the rate of duty of excise or to the value of the goods. (7) sub-section (5) provides that if the members of a bench differ in opinion on any point, the point shall be decided according to the opinion of the majority, if ..... to the well-established principle of binding precedents and for the reasons stated above. (19) in our opinion, the president of the tribunal had no jurisdiction to act upon the recommendations of the two-member bench and to constitute a five-member bench with a view to get the case of bakelite hylam reconsidered. judicial propriety demanded .....
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