Court : Andhra Pradesh
Decided on : Apr-16-2003
Reported in : 2003(3)ALD700; 2003(3)ALT562; 2003CriLJ3613
..... the owner of the vehicle which was financed by a finance company and covered by hire purchase agreement, it is necessary to refer to certain provisions of the m.v. act. section 2(30) defines 'owner' as to mean a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such ..... liable to confiscation along with the receptacles, packages, coverings, animals, vessels, carts or other vehicles used to hold or carry the same.16. section 45 of the excise act or section 12 of the prohibition act are not very much concerned as to who is the owner of the vehicle. the main stress is on the vehicle used to hold or ..... the vehicle in whose name the vehicle stands registered under the provisions of the motor vehicles act. 21. the first part of sub-section (3) of section 60 of the ndps act is in similar terms with that of section 45 of the excise act and section 12 of the prohibition act. in view of the decision of the apex court in ganga hire purchase pvt. ltd .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-17-2003
Reported in : 2004(2)ALD353; 2004(2)ALT357; [2004]122CompCas796(AP); [2004]51SCL378(AP)
..... the register of the respondent, which was also published in the a.p. gazette vide notification no. 37, page no. 139 on 14-9-2000. sub-section (6) of section 560 of the act provides that the person aggrieved by the striking off the name of the company off the register has to before the expiry of twenty years, apply to this ..... addressed to the liquidator at his last known place of business.19. from a reading of the above provisions, it would become clear that under sub-section (1) of section 560(6) of the act, where the registrar has cause to believe that a company is not carrying on business or in operation, he is empowered to send letter to the ..... to the notice ordered by this court, the respondent filed an affidavit. it is stated that every company which is incorporated under the provisions of the act read with section 3 of the non-trading act, is required to submit annual returns, and as the petitioner has not submitted annual returns from the year 1990 onwards, the name of the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Oct-14-2003
Reported in : 2003(2)ALD(Cri)963; 2003(2)ALT(Cri)503; III(2004)BC99
..... and petitioner in crl. p. no. 4915/2001 and crl. p(sr) no. 17155/2001 filed two complaints for the alleged offence under sections 138 and 142 of negotiable instruments act, 1881 (for short 'the act') with regard to bouncing of cheques in cc nos. 851/96 and 901/96 respectively before iv metropolitan magistrate, hyderabad. learned magistrate by his ..... the valuable right accrued to the accused.16. it is fairly well settled that the main factor which would influence the court in extending the benefit of section 14 of the limitation act, 1963 to a litigant is whether the prior proceeding had been prosecuted with due diligence and 'good faith'. the expression 'good faith' as used in ..... dismissing the complaint acquitting the accused, appeal lies to the high court and appeal can be filed with special leave under section 378(4) and since there is delay of 4 years a petition under section 5 of limitation act can be filed.4. learned counsel for the petitioner-accused in cr. p. nos. 821 and 822 of 1999 .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Sep-16-2003
Reported in : 2004(5)ALD141; 2004(5)ALT547
..... than claimed by the claimant even though sufficient evidence is adduced on behalf of the claimant seeking enhanced compensation, but however, after amendment to section 25 of the act, the fetters on the civil court have been removed and the civil courts are entitled to fix reasonable compensation on the basis of the material ..... the amended provision, according to the learned counsel for the appellant, is applicable even in respect of the acquisitions made prior to the amendment made to section 25 of the act. the learned counsel relied upon a judgment of division bench of this court in sub-collector and land acquisition officer, gudur v. venkata kumaraswamy, : ..... compensation of rs. 13,399-10 including solatium and interest. not satisfied with the said award, the appellant herein sought for a reference under section 18 of the act requesting the land acquisition officer to refer the award for adjudication for the purposes of fixation of the true and correct market value of the acquired .....
Tag this Judgment!Court : Allahabad
Decided on : May-23-2003
Reported in : [2006]143STC368(All)
..... parlance and commercial circle. that is a finding of fact binding on this court in the revision under section 11 of the u.p. sales tax act. under the said section, revision lies only on a question of law, as it is evident from sub-sections (4) and (8) thereof.25. in respect of submissions of applicant-revisionist soda bicarb manufacture is being ..... -extinguishers. it is also used in baking powder, soft and cold-drinks and in cooking and the applicant had not obtained any medical licence under the 'indian drug licence act' for the manufacture of medicine and that the appellant itself has collected a per cent as rate of tax treating the sodium bicarbonate as chemical, hence now the applicant is ..... r.b. misra, j.1. these are three revisions have been preferred under section 11 of u.p. trade act, 1948 (in short called 'the act') relating to the assessment years 1983-84, 1984-85 and 1985-86.heard sri rajes kumar, learned counsel for the applicant-revisionist as well as sri km. sahai, learned .....
Tag this Judgment!Court : Jharkhand
Decided on : Dec-23-2003
Reported in : [2004(1)JCR374(Jhr)]
..... period of not less than two years immediately preceding the presentation of the petition and desertion as per the explanation contained in section 13 of the said act means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of ..... deserendi) and the element of permanence which is a prime condition requires that both the essential ingredients should continue during the entire statutory period. section 13(ib) of the said act mandates that marriage may be dissolved by a decree of divorce on the ground that the other party has deserted the petitioner for a continuous ..... pendency of the matrimonial suit, which have their relevancy in this case. during the pendency of criminal case under sections 498a, 437, 379 of the indian penal code and under section 4 of the dowry prohibition act filed by the father of the appellant-wife, a compromise was arrived at between the parties due to the intervention .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-2003
Reported in : AIR2003SC1659; 2003(2)ALLMR(SC)725; JT2003(5)SC509; (2003)9SCC731; [2003]1SCR1112
..... caution is needed before bringing the last exceptional into play. (administrative law, ibid, at pp. 543-544).33. it is true that sub-section (3) of section 3 of mrmc act prescribes for inviting objections by affording two months' time and that was done on 16.10.2001. however, the statutory provisions was amended by ordinance ..... municipal councils of mira bhayandar, bhivandi nijampur, malegaon, ahmednagar, dhule and jalgaon is more than three lakhs. therefore, as provided in sub-section (2) of section 3 of the said act, the government has decided to constitute a municipal corporation for each such area and therefore has issued six different preliminary notifications on the 16th october ..... order or instrument issued or purported to have been issued in exercise or in pursuance of the provisions of sub-section (3) of section 3 read with sub-section (2) of section 6 of the municipal councils act on or after the 16th october, 2001 till the date of publication of the said ordinance, shall be and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-05-2003
Reported in : 2003(2)ALD(Cri)701; 2003(2)ALT(Cri)259; 2003(3)BLJR1959; 105(2003)DLT1013(SC); 2003(71)DRJ137; JT2003(8)SC17; 2003(6)SCALE97; (2003)7SCC121
..... to cover expressly pardons, reprieves and respites besides suspension and remissions.the question of inserting in the code a provision on the lines of section 69 of the criminal justice act, 1948, was raised during the discussion before us. it was suggested for example that if a person who was sentenced to imprisonment for ..... follows:4. respondent (also described as 'accused') was prosecuted for alleged commission of offence punishable under section 7, and section 13(1)(d) punishable in terms of section 13(2) of the prevention of corruption act, 1988 (for short 'the act'). the respondent was found guilty by additional sessions judge, delhi and was sentenced to undergo rigorous ..... arijit pasayat. j. 1. leave granted.2. the only question raised in this appeal is whether the high court of delhi acted within the framework of law in exercising power available under section 433(c) of the code of criminal procedure, 1973 (for she(sic) 'code').3. factual position giving rise to the appeal is as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-10-2003
Reported in : AIR2003SC3309; 106(2003)DLT487(SC); JT2003(Suppl1)SC76; 2003(7)SCALE345; (2003)8SCC398
..... . appropriate authorities are not only empowered to take criminal action, but to search and seize documents, records, objects etc. of unregistered bodies under section 30 of the act.2. it has been pointed out that the states/union territories have not submitted quarterly returns to the central supervisory board on implementation of the ..... stated that the appropriate authorities or any officer of the central or the state government authorised in this behalf is required to file complaint under section 28 of the act for prosecuting the offenders.further wherever at district level, appropriate authorities are appointed, they must carry out the necessary survey of clinics and take ..... power will be exercised so as to include those persons who can genuinely spare some time for implementation of the act.2. the csb shall review and monitor the implementation of the act. [re. section 16(ii)].3. the csb shall issue directions to all state/ut. appropriate authorities to furnish quarterly returns to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580
..... as it takes away the fundamental rights of an organization under articles 14, 19(1)(a) and 19(1)(c) of the constitution; that under section 18(2) of the act, the central government has been given unchecked and arbitrary powers to 'add' or 'remove' or 'amend' the schedule pertaining to terrorist organizations; that ..... awareness of the nature of such possession. there is a mental element in the concept of possession. accordingly, the ingredient of 'possession' in section 5 of the tada act means conscious possession. this is how the ingredient of possession in similar context of statutory offence importing strict liability on account of mere possession of ..... court in rehman shagoo examined the constitutionality of the enemy agents (ordinance), no. viii of s. 2005 promulgated by his highness the maharaja under section 5 of jammu kashmir constitution act, s. 1996. for a proper understanding of the ratio in rehman shagoo, it is necessary to understand the background in which the impugned ordinance .....
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