Court : Jammu and Kashmir
Decided on : Oct-09-2003
Reported in : 2004(1)JKJ574
Syed Bashir-Ud-Din, J.1. In the court of Additional District & Session Judge, Srinagar suit for declaration and mandatory injunction in respect of 15 marlas of land in survey Nos. 1525, 1523, 1527, and 1526 min situated at Rambagh Nursingarh was filed on 12.8.1996 by one Siraj-ud-din respondent against Jia Lal Sapru through his attorney Kashinath Kachroo who also happens to be son-in-law of said Jia Lal Saproo. The suit was decreed on admission on 12.8.96.2. Against this decree appellants filed the appeal alongwith application for condonation of delay and during pendency of the appeal also filed an application seeking leave of the court to file the appeal as these appellants are not parties to the suit and decree appealed against. The aplication for leave to appeal is filed on the ground that the two applicants Nancy Devi and Vijay Dhar are the two daughters of the said Jia Lal Saproo. There are also two other daughters of Late Jia Lal Saproo who too have not been made party to the sui...
Tag this Judgment!Court : Jammu and Kashmir
Decided on : Oct-09-2003
Reported in : 2004(1)JKJ608
..... condonation. notwithstanding the liberal approach of the courts in the matter of condonation of delay, yet it cannot be at the cost of defeating the provisions of section 5 of the limitation of the act. it is imperative that delay has to be explained satisfactorily/sufficiency of cause is to be made out.9. in p.k. ramachandran v. state of ..... rejection of application for condonation of delay and consequent dismissal of time barred appeal is not a decree, in as much as, the trappings of a decree as defined in section 2(2) of cpc are not attached to such decision.6. in rattan singh v. vijay singh, air 2001 sc 279 it is observed:-'in order that decision of ..... of the trial court has merged with the order of the appellate court. against the order of dismissal of the appeal 2nd appeal would lie on grounds specified thereto under section 100 cpc but no revision would lie against the order.3. counsel for the revision petitioner submits that the judgment and decree of the trial court has not merged .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Oct-09-2003
Reported in : (2004)(92)ECC336
..... undertaken by them in matching the imported rings with those manufactured by them according to the requirement of each customer would satisfy the definition of 'manufacture' under section 2(f) of the central excise act. the piston ring set which is finally cleared by assessee consists of the following rings:- the testing which is carried out by the assessee involves technical work ..... in the value of the final product.8. the learned dr contended that the process undertaken by the assesssee will not come within the definition of the term 'manufacture' under section 2(f). therefore, according to the revenue, assessee is not entitled to take credit of the duty paid on the rings imported.9. we find merit in the contention raised .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)
..... in kuju collieries ltd. v. jharknand mines ltd. and ors. : [1975]1scr703 this court held that in relation to a contract which is hit by section 23 of the contract act section 75 and section 70 of the contract act shall not apply. only in a case where a contract has become void due to subsequent happenings, the advantage gained by a person should be ..... one of three possible reasons would have imputed negligence to the shipowners. it was held by the house of lords that, since the charterers were unable to prove that the explosion was caused by the fault of the owners, the defence of frustration succeeded and the contract was discharged. it should perhaps be rioted that in many cases a self- ..... never explained. the rule is open to the objection that the charterer is much less likely than the owner to be able to show how the explosion occurred. this reasoning does, indeed, prevail in one group of cases: a person to whom goods have been bailed, and who seeks to rely on their destruction as a .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-08-2003
Reported in : AIR2004All115; 2004(1)ARBLR521(All)
..... thirty days from receipt of a request by one party from the other party, the appointment shall be made by the chief justice. sub-section (6) of section 11 of the act applies in three contingencies in a case wherein an appointment procedure is already agreed upon by the parties. these three contingencies are as follows :--( ..... them being essentially to aid the constitution of an arbitral tribunal immediately, just by appointing an arbitrator without wasting any time.34. therefore, the application under section 11(6) of the act is allowed. i appoint justice kamleshwar nath (retired) as an arbitrator. he will get rs. 3,000/- (rs. three thousand only) per day ..... advocate for the applicant and shri umesh chandra for the opposite parties at length on the contentions raised before passing an order appointing an arbitrator under section 11 of the act.13. so far as the first and second contentions raised by the learned counsel for the opposite parties are concerned, after seeing the counter affidavit, .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-08-2003
Reported in : (2003)3GLR2663
..... wisdom has not chosen to provide for any opportunity of hearing or observance of principles of natural justice before the issue of a declaration either under section 3 or section 4 of the act, the resident of the area cannot insist on an opportunity of hearing before the area where they are residing is included in another gram sabha ..... its wisdom has not chosen to provide for any opportunity of hearing or observance of principles of natural justice before issue of a declaration either under section 3 or section 4 of the act, the residents of the area cannot insist on an opportunity of hearing before the area where they are residing is included in another gram sabha ..... to take appropriate decision in the matter. subsequent events show that the said proposal appears to have been dropped. then, comes the show-cause notice issued under section 263 of the act on 13.06.2002 proposing to dissolve junagadh municipality. this was also challenged before this court in s.c.a. no. 6354 of 2002, which came .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2003SC4548; 2004(1)ALD18(SC); (SCSuppl)2004(1)CHN66; [2004(2)JCR34(SC)]; JT2004(6)SC442; (2004)136PLR612; 2003(8)SCALE474; (2003)8SCC752
..... the temple attorning the latter as his landlord. this the defendant no. 2 could not have done in view of the rule of estoppel as contained in section 116 of the evidence act. it was at the instance of the newly appointed trustees and the chief executive officer who on behalf of the temple started claiming the suit property in ..... appellant. a30 is the photo copy of the order passed by assistant commissioner h.r. and c.e.(admn.) department, coimbatore in exercise of its jurisdiction under section 63 of the act in which it has been held that temple is not the owner of the property in dispute. a34 is the photo copy of the rent agreement executed between ..... is an entry regarding receipt of rent. in our view, the books were maintained properly and regularly and there is no reason to doubt their veracity.12. section 34 of the evidence act declares relevant the entries in books of account regularly kept in the course of business whenever they refer to a matter into which the court has to enquire .....
Tag this Judgment!Court : Chennai
Decided on : Oct-08-2003
Reported in : 2004(164)ELT18(Mad)
..... the matter in view of the circular dated 17.12.2002. but, still the commissioner (appeals) is vested with the appellate jurisdiction as per section 128 of the act, in view of section 2(8) of the act, whereunder the commissioner of customs, except for the purpose of chapter xv, includes an additional commissioner of customs. therefore, in my considered opinion ..... the simple reason that the original order dated 17.4.2002 was passed by the commissioner of customs, but not by the commissioner (appeals) as per section 128 of the act. 13.7. the definition of de novo enquiry that the entire trial should be held for second time or the new hearing or the hearing of the ..... by the petitioner are covered by para 5.3 of the exim policy and they are liable to be confiscated under section 111(d) of the customs act r/w section 3(3) of the foreign trade (development & regulation) act, 1992, as the petitioner/importer do not possess any valid license for importing the impugned goods, even assuming their claim .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2003SC4630; I(2004)BC211(SC); [2003]117CompCas554(SC); (2004)1CompLJ121(SC); 2004(2)CTC374; JT2003(10)SC597; 2003(8)SCALE364; (2004)1SCC12; [2003]47SCL582(SC); 2004(1)LC
..... the promise who has accepted satisfaction from the third party cannot insist of the satisfaction of its claim from the promisor as well. no case under section 41 of the contract act has been pleaded by the citi bank. it no where pleaded that cmf had delivered the bonds to scb and, therefore, scb cannot enforce its ..... containing the endorsement of payment by the plaintiff. the privy council overruling the decision of the judicial commissioner held that in view of the presumption under section 114 of the evidence act the onus was upon the plaintiff to show that the debt was still subsisting which the plaintiff had failed to discharge by producing any evidence. ..... contention that the special judge fell in error in accepting the contention of scb that the present case would be governed by section 41 of the indian contract act according to him section 63 of indian contact act would be more appropriately applicable. that the citi bank as per decree was required to pay the value of the securities .....
Tag this Judgment!Court : Kerala
Decided on : Oct-08-2003
Reported in : 2004(1)KLT212
orderk.s. radhakrishnan, j.1. tenant is the revision petitioner. eviction was sought for under section 11(2)(b) and 11(3) of act 2 of 1965.2. petitioner-landlord is the owner of the petition schedule building which was rented out to the tenant on 22.6.1995 on a monthly rent of ..... bonafide need existed does not mean that there is no bonafide in the need urged for evicting another tenanted premises. even if the above facts were proved the claim under section 11(3) cannot be defeated if the plea is bonafide.4. we also notice while the appeal was pending before the appellate authority, tenant filed i.a. no 2312 of ..... another property and rented it out to another tenant by itself is not a ground to hold that there is no bonafide. plea, of bonafide could still be sustained under section 11 (3) if the need is genuine.5. in the instant case, we are not prepared to say that selling of one of the tenantedbuildings to the tenant concerned and .....
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