Court : Allahabad
Decided on : Oct-24-2003
Reported in : (2004)1UPLBEC310
..... of the rules of 1992. it is contended that rule 27 provides for relaxation from the condition of service. i am not able to appreciate the contention. the relaxation under section 27 is to be in respect of particular case, for which there should be satisfaction recorded by an order to be passed by the state government. a relaxation is given ..... were admittedly appointed later and have been placed above petitioners. the petitioners have been placed at serial no. 197, 212, 224, 202 respectively. it is contended that the excise commissioner acted illegal, arbitrarily and against the seniority rules of 1991, in changing seniority position which was rightly obtained from 1994 onwards.8. sri ashok khare, senior advocate assisted by sri krishna .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-24-2003
Reported in : 2004(1)ALD387
..... not be granted very liberally since the very object of introduction of the amendment to the code would be defeated. it is no doubt true that as per section 2(l)(v) of act 30 of 1986 'tractors, motor-cars, motor-trailers, motor-lorries, motor-cycles, jeeps, scooters, mopeds, trolly-lines, railway-siding' had been specified. it ..... this rule but if not so produced shall not without the leave of the court be received in evidence on his behalf at the hearing of the suit.' act 22 of 2002 introduced the said provision by way of substitution. the importance of the adduction of documentary evidence and reception of documentary evidence in civil proceedings ..... application for reception of documents. the learned counsel while elaborating his submissions had gone a step further and had explained that by virtue of the provisions of act 30 of 1986 all vehicles were got transferred in favour of the respondent-plaintiff and hence the stand taken by the petitioners that these are their personal properties .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-2003
Reported in : 2004(1)ALD77
..... matter only after the award was passed and the matter was referred to the civil court. hence, he submitted an application dated 31-10-2002 seeking reference under section 18 of the act. since no steps were taken thereon, he has filed this writ petition seeking a direction to the 1st respondent to refer his claim to the competent court.3 ..... be one of the partners of friend hills company. the said firm was notified as one of the owners/occupiers of the land notified for acquisition. notice under section 9 of the act was issued on 4-4-2002. the petitioner claims that he was not in station and since the acquisition was by invoking urgency clause, he did not ..... to refer the matter.5. learned government pleader for land acquisition, on the other hand, submits that once the land acquisition officer has referred the matter under sections 18 and 30 of the act, it is not at all permissible in law to make a further reference of the very matter, at the instance of another person. he further submits .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-23-2003
Reported in : ILR2004KAR3605
..... of the defendant to perform his part of the contract. without a finding thereof the trial court failed to consider the tenability of claim for specific performance under section 20 of the specific relief act? for not doing so, whether it warrants an order of remand?'9. when the defendant seeks relief of specific performance implicitly admits the title of the plaintiff ..... first appellate court may be wrong in not rendering a finding on the other disputed points like the defendants' right to seek discretionary relief of specific performance under section 20 of the specific relief act and his readiness and willingness to perform his part of the contract. on the over all assessment of facts and evidence, i find that even in the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ2132
..... the guilt of the accused-respondent no. 1 suraj singh was established. he shot dead his close relative jagat singh without any justification whatsoever. he committed an offence under section 302, ipc. we would, therefore, allow this appeal in part. having regard to the totality of facts and circumstances, we would award him life imprisonment for the ..... . 2 kapoori devi, we reverse the finding of acquittal in respect of the other accused-respondent no. 1 suraj singh. we find him guilty of an offence under section 302, ipc for murdering jagat singh and convict him therefor. he is sentenced to undergo life imprisonment for said offence.19. the accused-respondent no. 1 suraj singh, ..... state has come up in appeal against the judgment of acquittal dated 3-9-1997 passed by sri sardar akhtar, the then addl. sessions judge/special judge (e.c. act), mainpuri in sessions trial no. 169 of 1993. the two accused-respondents-suraj singh and his wife smt. kapoori devi were tried for an offence under s. 302, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-23-2003
Reported in : AIR2004MP174; 2004(1)CTLJ356(MP); 2004(1)MPLJ130
..... existence. division bench of this court has held that as the plaintiff wants to avoid liability he is required to pay ad valorem court fee under section 7(iv)(c) of the court fees act.13. in view of this fact, we find that court fees paid by the plaintiff is insufficient and plaintiff is required to pay ad valorem court ..... actualland revenue but will lay challenging ther.r.c. for recovery of an amount which hastaken colour of land revenue due in thedeeming fiction.7. clause (b) of section 155 provides thatall moneys falling due to the state government under any grant, lease or contractwhich provides that they shall be recoverable in the same manner as an arrear of ..... that the said judgment does not support the appellants. on the other hand from reading of judgment, it appears that the full bench has taken view that provisions of section 150 of the code are applicable only to a proceeding for the recovery of arrear of land revenue, but not to a proceeding for the recovery of money recoverable .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Oct-23-2003
Reported in : (2004)82TTJ(Delhi)703
..... and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16a, clauses (ha) and (i) of sub-section (1) and sub-sections (3a) and (4) of section 23, sub-section (5) of section 24, section 34aa, section 35 and section 37 of the wt act 1957 (27 of 1957), shall with the necessary modifications, apply in ..... which was referred to their lordships was whether understatement of consideration in a transfer of property is a necessary condition for attracting the applicability of section 52 sub-section (2) of the it act 1961 or it is enough for the revenue to show that the fair market value of the property as on the date of the transfer ..... kerala high court challenging the validity of the order of reassessment insofar as it brought the sum of rs. 48,500 to tax relying upon section 52 sub-section (2) of the act.27.6 the learned single judge game to the conclusion in the writ proceedings that the understatement of consideration in respect of the transfer was .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-23-2003
Reported in : 2004(2)ALT721
..... +2 course is andhra pradesh is regulated by the board of intermediate education (for short 'the board') which is a statutory body constituted under the a.p. intermediate education act, 1971 ('the act'). it has been empowered to make regulations inter alia to regulated the grant of permission for establishment of colleges of intermediate education popularly known as junior colleges, prescribe course ..... for appointment of such staff and conduct of i year as well as ii year intermediate examinations. the board the first respondent in exercise of its power conferred under the act formulated detailed rules and regulations for the conduct of intermediate examinations. the board has also made validation rules or eligibility rules for i year intermediate public examination (ipc) as well .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-23-2003
Reported in : 2004CriLJ1904
..... tried to emphasise that karan (p. w. 1) and his wife smt. makkhan (p. w. 2) were produced before the magistrate for recording their statements under section 164 cr. p. c. in which they fully supported the facts/circumstances leading to the commission of multiple murders in this case. the learned counsel has contended that these ..... smt. makkhan, smt. radhiya, smt. parvati, phool chand and other formal witnesses also. the statements of complainant karan and his wife smt. makkhan were also recorded under section 164 cr. p. c. before the magistrate.after completing all the formalities of investigation p. w. 10 submitted charge-sheet in this case.6. on the materials submitted ..... of rs.5,000/-, in default of payment of which he was further directed to undergo rigorous imprisonment for one year; and(c) for the offence punishable under section 302 read with section 149 i. p. c. he has been sentenced to death. the appellants jagdish, dhira, nathuram, beera, mangi lal, ram dayal, ramdas, gyasi ram and .....
Tag this Judgment!Court : Chennai
Decided on : Oct-23-2003
Reported in : 2004(1)CTLJ422(Mad); (2003)3MLJ784
..... nature as the high court thinks fit. the jurisdiction as such is not curtailed to meet questions of parameters. on the other hand, the regular remedy under section 115, cpc is hedged by the language o the provision. only errors of jurisdiction and material irregularities in the exercise of jurisdiction bring about a cause within the ..... extraordinary remedies because they are not part of the ordinary procedure prescribed for adjudication of disputes in the ordinary courts of law. the remedy of revision under section 115 of the code of civil procedure whereby the high court is empowered to call for the record of any case which has been decided by any ..... constitution were held by it to be not maintainable in the presence of the regular remedy available under section 115 cpc towards challenging the orders of the district judge. delhi, passed under section 169(1) of the delhi municipal corporation act. few of these appeals are by the municipal corporation of delhi and the remaining are by the .....
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