Court : Kolkata
Decided on : Dec-18-2006
Reported in : 2007(2)CHN294
..... said that the possibility of making such disclosure was bleak, more particularly when reference to such disclosure which is verily admissible in evidence within the meaning of section 32(1) of the evidence act has been mentioned in the fir itself which was lodged without any loss of time. p.w. 9 who is a village rustic lady was made ..... were not named in the fir and they even were not identified in the dock and no witnesses have taken their names as the persons who committed any overt act. clearly, the facts in the reported case is distinguishable from our case and the decision is inapplicable.12. having thus gone through the fact and circumstances of the ..... 11.1995, which registered karimpur police station case no. 248/95 dated 2.11.2995 against the two appellants under section 302/34 of the ipc and upon completion of investigation submitted chargesheet against them under the said sections of the law.4. of the 15 witnesses examined by the prosecution it is the evidence of the fir maker .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2006
Reported in : AIR2007Kant100; III(2007)BC203; [2007]137CompCas306(Kar); ILR2007KAR410
..... may refer to rule 7 of the debt recovery tribunal (procedure rules, 1993 which reads thus:11. application fee: every application under section 19(1) of section 19(2) or section 19(8) or section 30(1) of the act or interlocutory application or application for review of decision of the tribunal shall be accompanied by a fee provided in the sub-rule (2 ..... hand before the tribunal. according to him, the same cannot be implied and read into in the absence of specific provision as to prescribing fees.16. when section 30 of the act itself makes it specific that such an application/appeal be filed before the tribunal as against the order of the recovery officer is in the form of an appeal ..... by the debt recovery tribunal as such, it did not insist upon payment of court fee.15. the argument of the petitioners' counsel is that, as per section 19 of the act, it is only the recovery process which is to be dealt with by the tribunal and under such circumstance, fees sought to be paid on the said quantum .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : 2007(1)BLJR658
..... allowed. the judgment of conviction and sentence, as passed by the trial court against the appellants, is hereby set aside. appellants are acquitted of the charges for the offence under sections 364, 302 and 201 of the indian penal code since all the appellants except sona rani mahli are on bail, they are absolved from the liability of their respective bail ..... sections 364 and 302 ipc and three years for the offence under section 201 ipc vide sessions trial no. 216 of 1991/t.r. no. 24 of 1991. it appears however that cr. appeal no. 183 of 1997 (r) has been ..... of 1997) and behra munda, lulari munda, thakur munda and hari nath munda @ hari nath singh munda were convicted by the 5th additional judicial commissioner, ranchi for the offences under sections 364, 302, 201 and 34 of the indian penal code and was sentenced to undergo imprisonment for life for the offence under .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-18-2006
Reported in : (2007)109BOMLR483
..... the court should not venture to compare writings its self, as it would thereby assume to itself the role of an expert is entirely without force. section 73 of the evidence act expressly enables the court to compare disputed writings with admitted or proved writings to ascertain whether a writing is that of the person by whom it ..... , as observed earlier, the right of subrogation in respect of a contract of indemnity is. itself not dealt with in the indian contract act.120. section 140 of the contract act reads as under:section 140 rights of surety on payment or performance.-where a guaranteed debt has become due, or default of the principal debtor to perform a ..... i am however unwilling to draw any inference against them for that reason alone.64. mr. mody further invited me to exercise my power under section 73 of the indian evidence act by comparing the initials below the endorsement with the admitted initials on record.65. both sides had not examined hand-writing experts. in the facts and .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : [2007(2)JCR131(Jhr)]
..... there any intention to cause fatal injuries, which was likely to cause death of the victim. learned counsel submits that the circumstances could at best suggest a case under section 304(part ii), for an offence of culpable homicide not amounting to murder. learned counsel adds further that the circumstance needs to be viewed in the sequence as ..... of her minor son pw1 and also on the evidence of the doctor and the investigating officer, recorded its finding of guilt and convicted the appellants for offences under section 302/34 ipc.3. the appellants have assailed the impugned judgment primarily on the ground that the finding of guilt as recorded by the trial court is entirely ..... knowledge that it was liable to cause such bodily injury as to cause death of the victim. non-repetition of assault does not mitigate the gravity of the act.the submission of the learned counsel for the appellants that the assault was made on the spur of moment and that too on account of grave provocation given to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-18-2006
Reported in : 2007(5)ALD79
ORDERL. Narasimha Reddy, J.1. The Tr. CMP and CMA arises between the same parties. Hence, they are disposed of by this common order.2. For the sake of convenience, the parties herein are referred to as arrayed in the Tr.C.M.P.3. This Tr.C.M.P., is filed with a prayer to withdraw A.S. No. 42 of 2004 from the Court of III Additional District Judge, Tirupati, and to post the same before any other Court of competent jurisdiction at Tirupati.4. The petitioner filed O.S. No. 49 of 2001 in the Court of Senior Civil Judge, Srkalahasthi, against the respondents, for the relief of perpetual injunction, in respect of the suit schedule properties. Respondents 3 and 4 are said to have filed O.S. No. 10 of 1999, in the same Court, for the relief of declaration of title and perpetual injunction, in respect of the very property, against the petitioner, his vendor and another. Through separate judgments, dated 18-8-2003, the trial Court decreed O.S. No. 49 of 2001 and dismissed O.S. No. 10 of 1999.5. R...
Tag this Judgment!Court : Jharkhand
Decided on : Dec-18-2006
Reported in : [2007(2)JCR249(Jhr)]
..... the informant has been suppressed and instead, the purported fardbeyan of the informant has been projected by the prosecution as the f.i.r., although the same is hit under section 162 cr. p.c.5. learned counsel for the state, on the other hand, has strongly defended the impugned judgment of conviction and sentence, as recorded by the trial court ..... and 302/149 of the indian penal code. while appellant no. 1 budin hansda was convicted for the offence under section 302 of the indian penal code, remaining accused were convicted for the offence under section 302/149 of the indian penal code and all of them were sentenced to undergo imprisonment for life by the trial court.2. prosecution case relates .....
Tag this Judgment!Court : Orissa
Decided on : Dec-18-2006
Reported in : 2007(1)OLR166
A.K. Ganguly, J.1. This writ petition has been filed challenging the process of auction of Sand Sairat Source namely, Chitrotpala River Sand, Shantpur, in favour of opposite party No. 5.2. The allegation in the writ petition is that the process of auction of the said Sairat Source has been conducted without issuing public notice as required under Rule-38 of the Orissa Minor Minerals Concession Rules, 2004 and it was done in such a manner so as to favour the opposite party No. 5 by accepting his bid.3. The main ground of challenge is that the date of holding of public auction was fixed to 25.2.2006. From the order sheet which has been disclosed in the writ petition it appears that on 17th February, 2006 the papers were put up before the opposite party No. 4, Tahasildar, Salipur, and on that date he directed issuance of notice for public auction on 25.2.2006. But it appears that the impugned notice was issued on 16.2.2006.4. Learned Counsel for the petitioner submitted that the entire pr...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Dec-18-2006
Reported in : (2007)106TTJ(Mum.)535
..... expediency to facilitate carrying on the business to protect business assets, reputation, fair name and goodwill and that the expenditure incurred satisfied all the ingredients of section 37 of the act. he held it was incurred solely to give share in the assets to three family members and the assessee is unfairly trying to claim this expenditure ..... on record. thus he rejected assessee's claim vide para 15 of his order, observing as under: 15. to sum up, for the purpose of section 37(1) of the it act, the cumulative effect of the evidence as discussed above when distilled through the judicial rulings also referred above, is that there was no business or commercial ..... the order of the cit(a), confirming exclusion of interest of rs. 67,482 while computing profits of the eligible undertakings for the purpose of deduction under section 80hh of the act.16. learned counsel for the assessee submitted, he is under instruction not to press this ground. hence, this ground is dismissed as not pressed.17. .....
Tag this Judgment!Court : Chennai
Decided on : Dec-16-2006
Reported in : 2007(115)ECC1; 2007LC1(Madras)
..... the beer after it has been manufactured; the levy has to be on the quantity manufactured. how this quantity is to be arrived at has to be determined according to section 32 read with rule 35.12.13. learned senior counsel for the petitioner has also cited the decision in state of u.p. v. modi distillery : (1995) ..... states is valid and the said question is answered as a common question of law, dealing with the factual situations on the basis of the provisions of various acts, as follows:56...we must recognise the exercise of sovereign power which gives the states sufficient authority to enact any law subject to the limitations of the constitution ..... , manufacture process etc. are governed by the tamil nadu indian made foreign spirits (manufacture) rules, 1981, known as ifms rules, framed under the tamil nadu prohibition act, hereinafter called the 'act'. 4.10. the case of the petitioner is that when imfs rules were introduced in the year 1981, it did not mention anything about the loss in the .....
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