Court : Andhra Pradesh
Decided on : Jul-30-2003
Reported in : AIR2004AP123; 2004(1)ALT569
..... fail.18. the court further held as follows :the facts which have a material bearing on the first question have already been set out. section 55 of the contract act which deals with the consequences of failure to perform an executory contract at or before the stipulated time provides by the first paragraph; 'when a ..... the order for specific relief; but this discretion shall not be exercised in an arbitrary or unreasonable manner. certain circumstances have been mentioned in section 20 of the specific relief act, 1963 as to under what circumstances the court shall exercise such discretion. if under the terms of the contract the plaintiff gets an unfair ..... in a suit for specific performance.13. the supreme court in a. c. arulappan v. ahalya naik, : air2001sc2783 . while considering the scope of section 20 of the specific relief act, held as follows :'the jurisdiction to decree specific relief is discretionary and the court can consider various circumstances to decide whether such relief is to be .....
Tag this Judgment!Court : Allahabad
Decided on : Feb-10-2003
Reported in : (2003)2UPLBEC1072
..... is that extrajudicial confession is not simply a weak type of evidence, but is also not an independent piece of evidence in consonance with provisions of section 3 of the evidence act. for consideration by the courts it is required to inculpatory also. an exculpatory confession is not to be taken into consideration, unless some independent ..... confessional statement of one accused is concerned, it may be taken into consideration against the other accused, if it fulfills the conditions laid down in section 30 of the evidence act. one of the conditions is that the confession must implicate the maker substantially to the same extent as the other accused person against whom, ..... discharge from service which was allowed prior to the said incident and as a consequence thereof, the petitioner was discharged by the officer commanding under section 22 of the army act. it is submitted that in view of this, the petitioner was not in active service and the general court martial has no jurisdiction to .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-21-2003
Reported in : (2003)2UPLBEC1456
..... as mentioned earlier, the judgments filed as exhibits in the instant case, are judgments in personam and therefore, they do not fulfil the conditions mentioned in section 41 of the evidence act.'the court further summarised the law as under :-'(1) a judgment in rent e.g., judgments or orders passed in admiralty, probate proceedings, etc., ..... is not sustainable because of the nature of the judgment.25. in smt. satya v. teja singh : 1975crilj52 , the supreme court observed as under :-'section 41 of the indian evidence act provides, to the extent material, that a final judgment of the competent court, in the exercise of matrimonial jurisdiction, is conclusive proof that a legal character ..... the learned district judge stood affirmed by this court as well as by the hon'ble supreme court, by virtue of the provisions of sections 41 to 43 of the evidence act, being a judgment in rem it could not have lightly been brushed aside by the petitioner. petitioner had been awarded adverse entries many times .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-12-2003
Reported in : 2005(1)ARC597; 2005(2)AWC1574
..... date of death of the said jag mohan, his sons ram nath was the 'heir' in view of the law of intestate succession as contained in the hindu succession act, 1956, particularly section 8 thereof and the schedule thereto. during the life time of the said ram nath, the petitioners herein, who are the sons of the said ram nath, could not ..... of the deceased, will have a right to succeed the tenancy rights in preference to brother's son.'37. the decision in asha vaish case (supra) shows that section 3(a) of the act contemplates only natural heirs. heirs will be determined according to personal law applicable to a party. in asha vaish case (supra), as the parties were hindu, it was ..... would be deemed in his own right on the death of the testator.20. this gives rise to the question about the scope of the word 'heirs' used in section 3 of up. act no. 13 of 1972. counsel contended that the word 'heirs', would include testamentary heirs as well. the word 'heir' has several meanings. in some of the case .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-19-2003
Reported in : [2006]143STC493(All)
..... at the exit check-post. in case, if the form xxxiv is not surrendered, it is the transporter against whom the presumption is drawn as contemplated under section 28-b of the act and the transporter would be treated as 'dealer'. it is made clear that transporter may be owner of the vehicle, which includes hirer and person-in-charge ..... has the power to make a law with respect to any subject it has all the ancillary and incidental powers to make the law effective.the provisions of section 28-b of the act and rule 87 of the rules which are impugned in these cases as mentioned above are just machinery provisions. they impose no charge on the subject. they ..... at rs. 16,62,548, a sum of rs. 6,65,019 was demanded towards the security in cash. applicant filed an application under the proviso of section 13-a(6) of the act before the deputy commissioner (sahayata kendra/mobile squad), trade tax, agra, which was rejected vide order dated january 6, 2003. applicant further filed appeal before the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-13-2003
Reported in : AIR2003MP218; I(2004)BC461; [2004]122CompCas929(MP); 2003(2)MPLJ246; [2003]44SCL547(MP)
..... the supreme court, and a high court exercising jurisdiction under articles 226 and 227 of the constitution) in relation to the matters specified in section 17'.it is clear from section 17 of the act that the tribunal is to decide the applications of the banks and financial institutions for recovery of debts due to them. we have already ..... such dues is exclusive. it was held that only exception is as regards to those matters which arc covered by section 34(2) of r.d.b. act and since u.p. act is not specified in sub-section (2) of section 34 and, hence, it cannot be resorted to for making recovery by the financial institution from their borrower. this ..... court exercising power under article 226 or 227 of the constitution.this is the effect of sections 17 and 18 of the act.para 9 - section 34 of the act consists of two parts. sub-section (1) deals with the overriding effect of the act notwithstanding anything inconsistent therewith contained in any other law for the time being in force or .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-08-2003
Reported in : AIR2003SC791; 2003(1)ALT(Cri)378; 2003CriLJ884; JT2003(1)SC77; 2003(1)SCALE43; (2003)2SCC152; [2003]1SCR38; 2003(1)LC407(SC); 2003(1)WLN722
..... prosecutions were, therefore, directed to be quashed.7. before this court none of the parties has made any submissions regarding the constitutional validity of section 19 of the act and, therefore, we are not called upon to express any opinion thereon. the only submission made before this court on behalf of the appellant state ..... the manifestation of this rule is to be found contained in section 26 of the general clauses act, 1897. section 300 of the code of criminal procedure, 1973 and section 71 of the indian penal code. section 26 of the general clauses act provides--'where an act or omission constitutes an offence under two or more enactments then the ..... apte and anr., : 1961crilj725 , the constitution bench held that the trial and conviction of the accused under section 409 ipc did not bar the trial and conviction for an offence under section 105 of insurance act because the two were distinct offences constituted or made up of different ingredients though the allegations in the two .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-2003
Reported in : AIR2003SC4152; 2003(3)CTC488; JT2003(6)SC362; 2003(5)SCALE584; (2003)10SCC705
..... and 3 never became tenants in the suit premises. question of their becoming tenants by holding over does not arise.10. the defendants filed an application under section 9 of the act for purchase of the suit property. the said application was dismissed by the trial court. the lower appellate court however by a strange process of reasoning came ..... to the conclusion that defendants 2 and 3 had become tenants in the suit premises and therefore, their right to purchase the property under section 9 of the act was upheld. however, the high court set aside that finding and rejected the application. the high court came to a definite finding that defendants 2 and ..... to various decisions of the madras high court taking the same view i.e. actual physical possession of the demised premises is essential to maintain an application under section 9 of the act. as a matter of fact the learned counsel for the appellant cited the case in estate of t.p. ramaswami pillai v. a. mohd. yousuf and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2004SC179; JT2003(Suppl2)SC534; (2003)IIILLJ1102SC; 2003(8)SCALE613; (2003)11SCC31; 2004(86)SLJ94(SC); (2004)1UPLBEC330
..... government transferred all such mills to the national textile corporation ltd. (hereinafter referred to as 'ntc') which was brought into existence for this purpose. under section 5 the said act the liability towards wages, salaries and other dues of workers of such mills after the takeover of management by the central government, is that of the central ..... not a sufficient ground for us to deny relief to the staff/sub staff working in the mills. as per the provisions of section 5(2)(c) of the sick textile undertakings (nationalisation) act, 1974, the wages, salaries and other dues of the employees of the sick textile undertakings after the takeover of their managements by ..... as well as most of its subsidiaries have been constantly incurring losses and majority of them are sick companies facing proceeding under the sick industrial companies (special provision) act, 1985 (in short 'sica'). 3. in support of their plea of 'equal pay for equal work' the staff working in the mills claimed that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : JT2003(9)SC438; (2004)1MLJ49(SC); 2003(8)SCALE688; (2003)10SCC121
..... prove both the ingredients - the factum as well as the intention - that the appellant falls in the categories of the persons, mentioned above [clause (d) of section 2 of the act], has occupied the land in dispute, which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking ..... possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarised above.what needs to be looked into in the present controversy is : whether the appellant has any lawful entitlement (proprietary or possessory) to the land ..... of evidence of title produced by him, he can be held to be not falling in the definition of 'land grabber' under sub-clause (d) of section 2 of the act. in the present case, the occupants had produced documents to prove their source of title and long possession of their predecessor-in-title being the original grantee .....
Tag this Judgment!