Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(1)ALD366
..... be filed by the party along with an application to condone the delay in filing them. the explanation for delay is not as rigorous as one filed under section 5 of the limitation act. these documents were not in the possession or custody of the appellants, but they have obtained certified copies from the revenue authorities and sought to be produced. ..... reddy's case (supra), the apex court while dealing with order 13 rule 1(2) of the code, order 41 rule 27 of the code and under section 5 of the limitation act, 1963 observed as hereunder: 'it is clear from its bare reading that the parties or their counsel shall be required to produce all the documentary evidence in their ..... the code dealing with the duty of the defendant to produce the documents upon which relief is claimed or relied upon by him also was introduced by virtue of section 18 of the act (46 of 1999) and the said provision reads as hereunder:'amendment of order viii:- in the first schedule, in order viii-- (i) for rule 1, the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-27-2003
Reported in : 2004CriLJ982
..... dr. vaidya in support of the allegations made against the respondent.5. the learned trial judge accepted the evidence adduced by the prosecution, and held that the offence punishable under section 325 of i. p. c. was proved against the respondent. he, therefore, convicted the respondent for the said offence and sentenced him to suffer r. i. for 6 months ..... dr. vaidya operated him. the complainant was admitted on 21-1-1981 and was discharged from the hospital on 3-2-1981. in the meanwhile, crime no. 19/81 under section 325 of i. p. c. was registered against the respondent by pw-10 h. c. kamble. the statement of eye-witnesses were recorded and after usual investigation, the respondent ..... k.j. rohee, j.1. the state has preferred an appeal against the acquittal of the respondent/original accused for the offence punishable under section 325 of i. p. c. by the 2nd additional sessions judge, wardha in criminal appeal no. 20/1988 decided on 15-9-1990 whereunder the conviction and sentence passed .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(4)ALD59
..... under article 227 of the constitution, was traced in waryam singh v. amarnath, : [1954]1scr565 . the jurisdiction can be traced back to section 15 of the high courts act, 1861 which gave a power of judicial superintendence to the high court apart from and independently of the provisions of other laws conferring revisional jurisdiction on ..... civil revision petition, filed e.o.p. no. 4/99 on the file of election tribunal/principal district munsif, sattenapalli under section 61(3)(b) of a.p. co-operative societies act, 1964 to declare the election of respondents 5 to 8 in the said e.o.p. as office bearers of the managing committee ..... the high court. section 107 of the government of india act, 1915, and then section 224 of the government of india act, 1935, were similarly worded and reproduced the predecessor provision. however, sub-section (2) was added in section 224 which confined the jurisdiction of the high court to such .....
Tag this Judgment!Court : Delhi
Decided on : Nov-27-2003
Reported in : 116(2005)DLT14
..... for an opportunity to be extended to the intended excluded employees before the scheme is finalised so that a hearing commensurate to the situation is afforded before a section of the employees is thrown out of employment.'23. learned counsel for the respondent on the other hand contended that the decision to blacklist the petitioners has been ..... into contracts of sale of kendu leaves with third parties was discriminatory and could not stand the scrutiny of the contention of the government that by reason of section 10 it was entitled to dispose of kendu leaves in such manner as it thought fit and there was no limitation upon its power to enter into contracts ..... the state of orissa was regulated by the orissa kendu leaves (control of trade) act, 1961 and this act created a monopoly in favor of the state so far as purchase of kendu leaves from growers and pluckers was concerned. section 10 of the act authorised the government to sell or otherwise dispose of kendu leaves purchased in such manner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2004(173)ELT14(AP)
..... respondent issued two demand notices dated 20-1-1994 directing the petitioner to pay rs. 5,53,391/- and 11,64,078/- towards customs duty under section 28 of the customs act. aggrieved by the said demand notices, two appeals were filed before the appellate commissioner. as detention order was passed by the 4th respondent, the petitioner ..... 2 are concerned are justified. it is also submitted that under the scheme of the act, powers are available to the customs authorities under section 25 of the customs act and therefore, the action of the respondents is in tune with the customs act and no interference is called for.5. there are two things which have to be ..... submitted that the respondent passed the order impugned in this writ petition, but no reasons were given. as such, it is contended that the respondents have not acted as per the directions of the high court and therefore seeks appropriate directions from this court.4. we have heard sri t. suryakaran reddy, learned standing counsel for .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-27-2003
Reported in : 2003(6)ALD897; 2004(1)ALT178
..... become part of the advice. even if the material is looked into by or shown to the president, it does not partake the character of advice. article 74(2) and section 123 of the evidence act cover different fields. it may happen that while defending the proclamation, the minister or the official concerned may claim the privilege under ..... section 123. if and when such privilege is claimed, it will be decided on its own merits in accordance with the provisions of section 123. (7) the proclamation under article 356(1) is not immune from judicial .....
Tag this Judgment!Court : Kerala
Decided on : Nov-26-2003
Reported in : 2004(1)KLT327; [2006]143STC1(Ker)
..... learned counsel for the appellants has vehemently contended that the goods imported by the respondent fall within the definition of a motor vehicle as contemplated under section 2(28) of the kerala motor vehicles act. thus, the tax was validly levied and collected. he has placed reliance on the decision of their lordships of the supreme court in base ..... the concrete mixed with coal tar on the road, a motor vehicle so as to be exigible to the levy of tax under section 3 of the 'kerala tax on entry of goods into local areas act, 1994:' this is the short question that arises for consideration in this appeal. the learned single judge has answered this question ..... items were also entered. entry 21 was also added. it provides for the levy of tax on 'other machinery.' since section 2(j) adapts the definition of the motor vehicle as given in the 1988 act, the provision of section 2(28) may also be noticed. it reads thus:'motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-25-2003
Reported in : AIR2004SC436; 2004(2)AWC1179(SC); (SCSuppl)2003(2)CHN144; 98(2004)CLT114(SC); [2004(2)JCR150(SC)]; 2003(10)SCALE13; (2003)12SCC35
..... of proving the execution and attestation of a document which is required by law to be proved in one manner as provided in section 68 of the evidence act. under section 68 of the registration act the registrar shall endorse the following particulars on every document admitted to registration:(1) the date, hour and place of presentation of ..... ram dutt and/or vijay singh negi so as to prove the execution and attestation of the codicil in the manner required by section 63 of the succession act read with section 68 of the evidence act. none of the two were produced in the witness box. the codicil cannot be said to have been proved.21. the registrar ..... wills only. a codicil need not necessarily be attested and, therefore, a codicil need not be proved in the manner contemplated by the main part of section 68 of the evidence act; a codicil will attract applicability of the provide, submitted the learned counsel for the appellants. in our opinion, such a submission cannot be countenanced. williams .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-25-2003
Reported in : [2004]51SCL345(AP)
..... to such disputes as the arbitration or conciliation were pursuant to an arbitration agreement referred to in sub-section (1) of section 7 of that act.11. section 7 of the act deals with appeal. section 7a of the act dealing with establishment of industry facilitation council reads:'the state government may, by notification in the official ..... or more industry facilitation councils at such places exercising such jurisdiction and for such areas, as may be specified in the notification.'12. section 7b of the act dealing with composition of industry facilitation council reads as hereunder:(1) the industry facilitation council shall consist of one or more members to ..... by the counsel in this regard representing the respondent cannot be accepted that an alternative remedy is available to the revision petitioner under section 34 of the arbitration and conciliation act, 1996. on the question of jurisdiction and limitation, reliance was placed on the following decisions : state of rajasthan v. ram .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-25-2003
Reported in : 2004(3)CHN165
..... by the respective parties. the use of the land as a cattle market is definitely a purpose other than agriculture attracting the mischief of sub-section (4) of section 4. but sub-section (4) of section 4 provides such penal measure against the raiyat if the raiyat uses his holding for a purpose other than agriculture and that too after giving ..... no. 19111 (w) of 1975. in the said case, the petitioner's land was sought to be sold in auction in a proceedings under section 4 sub-section (4) of the west bengal land reforms act as it stood prior to the 1981 amendment on the ground that one chinmoy marjit has used the land in plot no. 1864 for purposes other ..... status. the concept of co-sharer and concept of raiyat for the purpose of attracting penal action under the west bengal land reforms act are altogether different. by reason of the scheme of sub-section (4) of section 4, it appears to be a penal provision, which forfeits the right of a raiyat. such penal provision has to be construed strictly .....
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