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Bablu @ Mubarik HussaIn Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR2007SC697; 2007CriLJ1160; 2006(14)SCALE15; 2007AIRSCW369; (2007)2SCC(Cri)590; (2007)2Crimes62(SC); 2007LawHerald(SC)464

..... considerations that make punishment unjustifiable when it is out of proportion to the crime, uniformly disproportionate punishment has some very undesirable practical consequences. 27. section 85 ipc deals with act of a person incapable of judgment by reason of intoxication caused against his will. as the heading of the provision itself shows, intoxication must have ..... involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302, read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or ..... other than death, the reason why sentence of death was not passed had to be stated in the judgment. after the amendment of section 367(5) of the old code by act 26 of 1955, it is not correct to hold that the normal penalty of imprisonment for life cannot be awarded in the absence .....

Kaliammal and ors. Vs. R. Dhanaraj,

Court : Chennai

Reported in : (2007)1MLJ390

..... law is obliged to produce a succession certificate to receive the compensation amount. his lordship justice krishnaswami nayudu held as follows:.further, from a reading of section 214 of the succession act, a succession certificate is necessary only in respect of the debt due to a deceased person. it cannot be said that this debt was due ..... whether in the application to withdraw the award amount a succession certificate is necessary?6. the word 'debt' appears both in clause (a) and (b) of section 214 of the act. a 'debt' is a sum of money, which is payable or will become payable in future. the amount deposited in the name of the deceased claimant ..... civil revision petition, an important question of law arises for consideration is with regard to the interpretation of the word 'debt' as used in section 214 of the indian succession act (in short 'act'). the question of law which arises for consideration is whether on the death of the claimant, having an award passed in his favour, whether the .....

Om Prakash Vs. Savita Rani and ors.

Court : Punjab and Haryana

Reported in : II(2007)ACC243

Uma Nath Singh, J.1. This F.A.O arises out of an Award dated 1.8.2006 passed by learned presiding Officer, Motor Accident Claims Tribunal (hereinafter referred to as 'the Tribunal'), Sangrur, in M.A.C.T. Case No. 54 dated 20.10.2004 awarding a sum of Rs. 5,00,000 (Rupees five lakh) with 6 per cent interest per annum in a death case of a young man of 32 years said to be engaged in running a Karyana Shop apart from working as a part-time accountant with some business establishment.2. Learned Counsel for the owner-appellant has assailed the impugned Award only on the ground of quantum being higher. According to the learned Counsel, the assessment of dependency appears to be faulty and contrary to the findings of the Tribunal. That apart, he has no other point to urge.3. We have carefully gone through the averments made in the appeal and also perused the Award.4. In para 13 of the Award, an endeavour has been made on behalf of the claimants to prove that the deceased was earning an income ...

Chief Settlement Officer and ors. Vs. Ladu Ram and ors.

Court : Rajasthan

Reported in : 2007(1)WLN134

..... 2006 and 29.12.2005 this petition was preferred.6. learned single judge vide his judgment under appeal dated 21.08.2006 held that in view of section 6 of the general clauses act the proceedings which are pending cannot be deemed to have lapsed because that question prejudices all those who are affected. with these observations the writ petition was ..... canesugar's case while dealing with a case in which rules 10 and 10 a of the central excise rules were omitted and in its place section 11-a was enacted in the central excise act 1944 itself. it was in aforesaid context the question arose before the supreme court whether on omission of rules 10 and 10-a, the ..... show cause notice or in respect of other orders made under rules 10 and 10-a could servive in the absence of any saving provisions by aid of section 6 of general clauses act. by drawing support from the aforesaid judgment in rayala's case and drawing distinction between the enactment and regulation as defined in the general clauses .....

Smt. Shanti Devi Vs. Sri Md. Farppque Azam

Court : Jharkhand

Reported in : [2007(3)JCR116(Jhr)]

..... the term of the statute. having these considerations in view, i do not think that the supply of furniture would make any difference to the application of section 13 of the act in respect of the premises in question9. in the instant case the plaintiff /opposite party filed the suit for eviction from the suit premises consisting of two ..... structure or a roof put up by hand. whatever may be the precise, meaning of the term, we think that the definition of section 2(2) clearly includes the kaichalai in the present case. since the act applies to residential and non-residential buildings alike, the expression 'hut' cannot be restricted only to huts or cottages intended to be lived ..... has been enacted to regulate letting of buildings and the control of the rent of such buildings and unreasonable eviction, of tenants there from. section 2(b) of the act defines the term 'building' which reads as under:building' means any building, or hut or a part of the building or hut, let or to be let separately .....

Koppula Kotaiah (Died) and ors. Vs. Gummadi Vasantha Rao

Court : Andhra Pradesh

Reported in : 2007(3)ALD764; 2007(3)ALT682

G. Yethirajulu, J.1. This second appeal has been preferred by the defendant in O.S. No. 6 77 of 1984 on the file of the II Additional Munsif Magistrate, Guntur.2. The plaintiff filed a suit against the defendant for ejectment. The suit was decreed as prayed for. Being aggrieved by the judgment and decree of the trial Court, the defendant preferred A.S. No. 61 of 1990 on the file of the II Additional District Judge, Guntur. The appeal was also dismissed by confirming the judgment and decree of the trial Court. Being aggrieved by the judgment and decree of the appellate Court, the defendant preferred the present appeal by raising the following points as substantial questions of law to be considered by this Court:(a) Whether the plaintiff's suit for ejectment can be decreed without asking for declaration of title or amendment of the plaint when the defendant raised a defence that they are in adverse possession of the property since last 25 years and neither the plaintiff nor his predecess...

R.K. Mekro Vs. State of Nagaland and ors.

Court : Guwahati

..... administrative council. it is also to be noted that the term, 'employee' is quite different from the term office bearer. as per definition given in section 2(h) of the act, 'employee'' means a person not being an office bearer, employed by a registered society on a salary or similar form of remuneration other than advance ..... the registrar to interfere in the management of a registered society, on their own, on being satisfied about the existence of certain facts and circumstances, under section 35 of the act, the state government may, on the application of a registered society and on such conditions as may be determined, depute government officials to the service of ..... director. further, according to the government respondents, the petitioner is not eligible under the relevant bye-laws to hold the post of managing director, marcofed and section 35 of the act is not to be read with rule 22(8) of the bye-laws. moreover, according to the government respondents, there is no legal infirmity in the .....

Hyundai Motors (i) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

..... of the lower authority. hence these appeals.2. before us, learned counsel argued that, as the relevant show cause notices had proposed to reject the refund claims under section 11b of the central excise act, the time-bar provisions under that section should be applied to the claims, and not anything contained in the notification. according to him the statutory provision ..... (section 11b) which governed all clams for refund of duties of excise had overriding effect.3. on the other hand, id. sdr contended that the provisions of exemption ..... respective dates of finalization of the provisional assessments and must be dealt with on merits, in which scenario there is no question of time-bar, whether under section 11b or under the notification. the party should be given a reasonable opportunity of being heard.

Yeshwant Sahakari Kamgar Bank Ltd. (Not Known as Brahmadev Dada Mane S ...

Court : Mumbai

Reported in : 2007(4)ALLMR520; 2007(5)BomCR647; (2007)109BOMLR438; [2007(113)FLR1131]; 2007(3)MhLj334

..... found with the impugned order and the petitioner has not disclosed any fact which could entitle the petitioner to avail the benefit of section 14 of the limitation act.6. section 14(2) at the limitation act, 1963 provides that in computing the period of limitation for any application, the time during which the applicant has been prosecuting ..... in the memo of appeal and therefore, the tribunal ought to have considered that the petitioner was entitled for the benefit of the provisions of section 14 of the limitation act, 1963 and an such benefit being granted the appeal was within the period of 120 days from the date of the impugned order and, therefore ..... terms of rule 7(2) of the employees provident funds appellate tribunal (procedure) rules, 1997 (hereinafter called as 'the said rules'.5. referring to section 29 of the limitation act, 1963 and placing reliance upon the decisions of the division bench of nagpur high court in the matter of sitaram nanasa and ors. v. chunnilalsa bhagchandsa .....

Mohammed Fareed Vs. Commissioner, Municipal Corporation of Hyderabad a ...

Court : Andhra Pradesh

Reported in : 2007(2)ALD328

..... municipality cannot remove the structures erected in that property without issuing a notice under section 406 of the act and section 406 of the act is relevant section and not section 405 of the act. it is true, though section 405 of the act enables the municipality to remove unauthorized structures, but, it applies where there is ..... damage by the removal or alteration thereof.certain submissions were made in relation to the distinction to be drawn in between section 405 and section 406 of the aforesaid act and further submissions were made that in several cases it would be difficult to draw a clear line in between the encroachments ..... . v. visakhapatnam municipal corporation : 2003(2)ald541 , wherein a learned judge of this court while dealing with section 405 of the hyderabad municipal corporation act and section 7 of visakhapatnam municipal corporation act 1979 observed that where the petitioners are occupying portions of road and paying encroachment fees, the corporation is entitled to .....