Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580
..... as it takes away the fundamental rights of an organization under articles 14, 19(1)(a) and 19(1)(c) of the constitution; that under section 18(2) of the act, the central government has been given unchecked and arbitrary powers to 'add' or 'remove' or 'amend' the schedule pertaining to terrorist organizations; that ..... awareness of the nature of such possession. there is a mental element in the concept of possession. accordingly, the ingredient of 'possession' in section 5 of the tada act means conscious possession. this is how the ingredient of possession in similar context of statutory offence importing strict liability on account of mere possession of ..... court in rehman shagoo examined the constitutionality of the enemy agents (ordinance), no. viii of s. 2005 promulgated by his highness the maharaja under section 5 of jammu kashmir constitution act, s. 1996. for a proper understanding of the ratio in rehman shagoo, it is necessary to understand the background in which the impugned ordinance .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : 2004(1)ALD(Cri)99; 2004(1)CTC390; JT2003(10)SC371; 2004(1)KLT513(SC); 2004(2)MhLj358; 2004MPLJ231(SC); 2003(10)SCALE74; (2004)2SCC203
..... james martin faced trial along with his father-xavier for alleged commission of offences punishable under sections 302, 307,324 read with section 34 and section 326 read with section 114 ipc and sections 25(b)(1) of the arms act, 1959 (in short 'the act') and sections 27 and 30 thereof. learned sessions judge, n. paravur, found the present appellant ( ..... was the threat of more violence to the person and properties, that the events taking place generated a sort of frenzy and excitement rendering the situation explosive and beyond compromise. despite all these to expect the accused to remain calm or to observe greater restraint in the teeth of the further facts found ..... property of the accused was not only imminent but did not cease, and it continued unabated. not only there were acts of vandalism, but also destruction of property. the high court noticed that explosive substances were used to destroy the properties of the accused, but did not specifically answer the question as to whether .....
Tag this Judgment!Court : Delhi
Decided on : Dec-16-2003
Reported in : (2004)2CompLJ50(Del); [2004]54SCL312(Delhi)
..... such action is permissible, particularly, when for seeking performance and enforcement of a foreign award, it is mandatory for the petitioner to follow the procedure prescribed under section 47, arbitration act. even for holding that the award is binding oh the parties, it must be held by the court that the award is enforceable. thereforee, without first ascertaining ..... and no appeal has been preferred there from.14. in the matter of enforceability of a foreign award in india, the indian arbitration act and not the english arbitration act would govern. section 48 of the act gives an independent right to any party to challenge and object to a foreign award when its enforcement is sought in india. these ..... enforced has a right to contest the enforcement on one or some of the defenses as mentioned in clauses (a) to (c) of sub-section 1 of section 48 of the act. the said party has to satisfy the court by furnishing proof to the court that one or more of the five conditions is attracted calling for .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-16-2003
Reported in : (2004)2CALLT152(HC)
..... trust as stated by the residents of the locality. draft statement as given by the competent authority is in respect of the petitioners. the objection under section 8(3) of the act was given by the petitioner. there cause of excess vacant land was not proved beyond doubt. but inspite of the same the appropriate authority and the ..... . according to the petitioner therein, although the vesting was completed prior to the execution of this sale deed but notification for taking up the possession under section 10 of the act was issued on 31st august, 1988 much after the execution of the deed of sale. it was also recorded therein that the petitioners submitted that no ..... year, 1986. the erstwhile owner filed his objection. however, the final settlement was prepared and published upon the owner in december, 1986. a declaration under section 10(5) of the act was made on 7th june, 1987 and a notification for taking possession of the disputed land was issued on 31st august, 1988. for the aforesaid reason, .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-16-2003
Reported in : (2004)IIILLJ340All; (2004)1UPLBEC581
..... rules of natural justice) are satisfied, the enquiry is not open to attack on the ground that the procedure laid down in the evidence act for taking evidence was not strictly followed.' similarly, in state bank of bikaner and jaipur v. srinath gupta, 1996 (74) flr 2739 (sc), the supreme court observed :--'it is ..... from the police custody but could not succeeds. we cannot understand what more the management could have done in this connection. as already stated above, the strict rules of evidence act and c.p.c. are not applicable to departmental proceedings. thus, in union of india v. t.r. verma (supra) the supreme court observed 'if these rules (the ..... , etc.23. it may also be mentioned that in a departmental enquiry the enquiry officer is not bound by the strict rule of evidence and procedure contained in the evidence act or c.p.c. vide union of india v. t.r. verma, air 1957 sc 882, (vide para 10); tannery footwear corporation v. state of u.p., 1980 (40 .....
Tag this Judgment!Court : Kolkata
Decided on : Dec-16-2003
Reported in : (2004)192CTR(Cal)334,[2004]269ITR222(Cal)
..... bank as to whether the statements and averments expounding hiring rate made therein can be treated to be the value of concession within the meaning of section 17(2) of the said act or not for taxing as perquisite. in my view, the statement and averment of a particular litigant cannot change or alter the pronouncement of the ..... hire rent. under the direction of the income-tax department, the bank concerned has treated this use of the furniture to be a perquisite under section 17(2)(iii) of the income-tax act, 1961. the admitted position is that under the service rules of the bank concerned, the officers, if so advised, may get the facilities and ..... judgment cited by mr. murarka is not applicable and the same is distinguishable on the facts. he further submits that the word 'perquisite' used in the aforesaid section is an inclusive definition and the instances given therein are illustrative and no exhaustive definition is spelt out. he contends further than the concession is to be judged in .....
Tag this Judgment!Court : Kerala
Decided on : Dec-16-2003
Reported in : 2004(2)KLT56
..... that they are dependent on her. unless it is pleaded that the married daughter and the son-in law are dependent on the landlady, a petition under section 11(3) of the act cannot succeed on the mere allegation that the building is needed for the occupation of the married daughter and the son-in-law. we are, therefore, of ..... urged by the landlady is bona fide. tenant filed revision before the district judge. district judge found that the landlady has neither pleaded the material ingredients of section 11(3) of the act in her petition for eviction nor led any evidence in that respect. revision was accordingly allowed and the order of the appellate authority was set aside. the ..... the matter in appeal before the apex court. apex court examined the language of section 11(3) and the question of dependency and held as follows:'language of section 11(3) of the act is plain and simple and there is no ambiguity in it. a perusal of section 111(3) shows that if the landlord is in bona fide need of .....
Tag this Judgment!Court : Kerala
Decided on : Dec-16-2003
Reported in : 2004(1)KLT731
..... such allegations. regarding the pollution caused by industrial effluents, the panchayat can look into and take appropriate action in consultation with expert bodies under section 233a of the act. but, in this case, the notice was issued only on the ground of excessive exploitation of ground water and the decision to cancel ..... human resource manager, hindustan coca-cola beverages (pvt.) ltd., plachimada, kannimari, perumatty grama panchayat,chittoor taluk, palakkad district.notice issued under section 240 of the kerala panchayat raj act, 1994 and the rules, by the special grade secretary of perumatty grama panchayat.as ground water is excessively exploited for the use of ..... traditional drinking water sources' and that of the state of article 21 of the constitution of india. though ground water is not expressly mentioned, section 218 of the act makes the panchayat, the custodian of all natural water resources. therefore, the action taken by the panchayat against the 2nd respondent to prevent .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-2003
Reported in : (2004)189CTR(Bom)118; [2004]266ITR694(Bom)
..... by r. s. padvekar and shri s. d. padiyar, for the respondent-assessee. mr. rivonkar contends that the power bestowed in the commissioner by virtue of section 263 of the act cannot be whittled down on the reasoning given by the tribunal, while accepting the argument advanced on behalf of the assessee. according to him, filing of return by ..... the merits, the principal contention raised on behalf of the assessee in that appeal was that the commissioner had no jurisdiction to invoke power vested under section 263 of the act, for that power could be invoked only against an order passed by the assessing officer. the argument advanced on behalf of the assessee was that in ..... decision :'(a) whether, on the facts and circumstances of the case, the income-tax appellate tribunal was justified in holding that there was no order under section 143(1) of the act, and that the commissioner has no jurisdiction to revise such an intimation ?(b) whether, on the facts and in the circumstances of the case, the .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-2003
Reported in : 2004(2)MhLj800
..... to the conclusion that the order of conviction recorded against the appellant is correct, proper and legal for the reasons stated hereinunder.8. section 375 of ipc fifthly provides that with her consent, when, at the time of giving such consent, by reason of unsoundness of mind ..... evidence on record. he has rightly come to the conclusion that the appellant has been proved to have committed the offence punishable under section 376 of ipc. thus, the order of conviction deserves to be confirmed and is hereby confirmed.16. sarvashree naik and arfan sait ..... be shown leniency as he happens to be a blind. shri saste opposed it by submitting that the appellant has committed anti-social act and has committed a heinous crime.17. at the time of considering the plea of leniency, the court has to keep in view ..... in the order of the sentence. rule in both the appeals stands discharged.23. parties to act on ordinary copy of this judgment duly authenticated by the private secretary/sheristedar of this court. .....
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