Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(4)ALT65
..... both the contentions, dismissed the application holding that filing of counter-claim is optional and is not sine qua non and that as per the article 65 of the limitation act, the question of limitation was mixed question of law and fact and is got to be decided during the course of trial in the suit.6. the court ought to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : AIR2007SC819; 2007(1)ALLMR(SC)476; 2007(1)KLT151(SC); 2006(13)SCALE208; (2007)2SCC365; 2007AIRSCW531; 2007(3)KCCRSN105;
..... each such offence with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.section 57 of the act, however, provides for a penal provision for adulteration of liquor by a licenced vendor or manufacturer, in the following terms:57. for adulteration etc. by licensed ..... ultra vires. the learned single judge, however, did not consider it necessary to go into the question of interpretation of the two penal provisions viz. section 56(b) and section 57(a) of the act. the criminal proceedings as against the licensee were quashed. in an intra-court appeal, the division bench, however, upheld the validity of rule 9( ..... or ingredient of toddy, only because percentage of ethyl alcohol found to be more, it would not amount to addition of a foreign ingredient as envisaged under section 57(a) of the act. it was, therefore, held:in the result, the challenge against the vires of rule 9(2) of the abkari shops (disposal in auction) rules, .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-01-2006
Reported in : (2007)2GLR1675
..... property at the conclusion of the trial. in the present case, it can be said that the application for valuable muddamal i.e. property, within the meaning of section 452 of the code of criminal procedure, 1973, was preferred before the lower court, but as the absconding accused persons were not arrested, the lower court decided the ..... /- and 'mangalsutra' by imposing stringent conditions as if the muddamal is being handed over to the applicant in exercise of powers vested with the court under section 451 read with section 452 of the code of criminal procedure, 1973. when there is no question of identity of the muddamal currency notes, as emerging from record during the course ..... valuable muddamal recovered during the course of investigation of crime registered with khanpur police station vide c.r. no. 1-12 of 1993 for the offences punishable under sections 395 and 397, etc. of the indian penal code. the backbone of the submissions of shri vakil is that the main accused who were tried by the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(1)ALD683; 2007(2)ALT369
..... pending. in the meanwhile, the plaintiff filed i.a. no. 733 of 2005 in o.s. no. 5 of 1995 on the file of the senior civil judge, bhimavaram, under sections 151, 152 and 153 of c.p.c. for amending the decree in o.s. no. 5 of 1995 incorporating whether the plaintiff is entitled for future mesne profits to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2006
Reported in : 2007CriLJ798; [2007(2)JCR263(SC)]; 2006(12)SCALE635; 2006(3)ShimLC398; 2006AIRSCW6216; (2007)2Crimes74(SC)
..... persons having common intention are deemed to be guilty is that the presence of accomplices gives encouragement, support and protection to the person actually committing an act. for attracting the provisions of section 34 ipc, the physical presence of the accused at the place of occurrence need not be proved. he may not be present on the actual scene ..... some difference in the medical opinions of pw- 17 and pw-11 would help the cause of appellant.9. section 34 of the indian penal code provides for a vicarious liability. it reads as under:section 34. when a criminal act is done by several persons in furtherance of the common intention of all, each of such person is liable ..... for that act in the same manner as it were done by him alone. before a person can be held liable for acts done by another, under the said provision .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-01-2006
Reported in : 2007(3)ALD141
..... were solely dependent on the income of the deceased, p.w.1 must have shown his occupation as nil. in fact, as per section 166 of the act, only the legal representative of a deceased victim would be entitled to compensation. mother only is the heir to the estate of a ..... that the contribution of the deceased should be taken at least at rs. 10,000/- p.a. and in view of schedule ii of the act, the appropriate multiplier as mentioned in schedule ii has to be adopted and if it is so done, the appellants would be entitled to the ..... deceased son, as per hindu succession act and so second appellant only would be entitled to make a claim for compensation. it is well know that wife has to be ..... c.y. somayajulu, j.1. appellants filed a claim petition under section 166 of the motor vehicles act, 1988 (the act) seeking compensation of rs. 2,00,000/- for the death of their unmarried son brij gopal tiwari (deceased) .....
Tag this Judgment!Court : Rajasthan
Decided on : Dec-01-2006
Reported in : [2009]148CompCas843(Raj); [2007]76SCL157(Raj)
..... creditors.9. the objector further submitted that the proposed scheme vitiated by inadequate disclosure by not submitting the requisite material contemplated under the proviso of section 2 of section 391 of the act:(i) the notice of the scheme did not disclose the following documents:(a) copy of the last audited balance sheet.(b) the latest ..... is registered with the board for the industrial and financial reconstruction (bifr), therefore this court ought not to exercise its discretion towards sanctioning the petition under section 391 of the companies act, 1956. the counsel for the objector relied upon the judgment given by the hon'ble apex court in the matter of ngef ltd. v. ..... of india, which was largest lender and the trustee upon obtaining a report in that behalf from kmpg, a reputed concern. a scheme envisaged under section 391 of the companies act, it is well settled, is a commercial document.para 33 : the scope and jurisdiction of the company court has been examined at some length .....
Tag this Judgment!Court : Kerala
Decided on : Dec-01-2006
Reported in : I(2007)ACC688; 2007(1)KLJ253
..... husband and she has to depend on so many others to look after the child and mother and applying the multiplier shown in the schedule ii of the motor vehicles act, tribunal has fixed it correctly at 17 and calculated the compensation. therefore we do not find any mistake committed by the tribunal in fixing the multiplier at 17. besides the .....
Tag this Judgment!Court : Chhattisgarh
Decided on : Dec-01-2006
Reported in : AIR2007Chh36; 2007(1)MPHT65
..... deceased rajan yashpal, who is claiming the property to be of her own. there is a serious dispute regarding property found inside the locker.10. under section 373 of the act, in case of complication, the court has been empowered to issue succession certificate if the applicant appears to be the person having, prima facie, the best ..... divorce agreement in accordance with their custom. non-applicant no. 2 namely vikki is not son of rajan yashpal. she also filed an application under section 372 of the act for grant of succession certificate in her favour for access to locker and recovery of ornaments kept therein. both the applicants were filed before the civil ..... yashpal and non-applicant no. 2 vikki claiming himself to be a minor child of rajan yashpal filed an application for grant of succession certificate under section 372 of the act, for access to the locker and to receive the ornaments kept therein. applicant vimala devi claiming herself to be the mother of deceased rajan yashpal pleaded .....
Tag this Judgment!Court : Allahabad
Decided on : Dec-01-2006
Reported in : I(2007)DMC697
..... the sides has to be adjudicated upon by the trial court during the trial. at this stage, any observation made by this court regarding applicability of section 113a and 113b of the evidence act will definitely prejudice the case of either side. therefore, i am not inclined to express any opinion on the said submission raised by both the ..... indicative and established proof and good evidence of committing of suicide by the deceased. he further submitted that in this case section 113a of the evidence act has to be applied and not section 113b. in his submission under section 113a the court may presume that the suicide has been abated by her husband. in his submission the rigor of proof ..... death is unnatural and there are allegation of demand of dowry. thus the prosecution case is fully and completely engulfed within the ambit of section 304b, 498a i.p.c. and 3/4 d.p. act. he further submitted that in this case the deceased was maltreated to such an extent that even in case of her first child, .....
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