Court : Kerala
..... pali ram (1979 (2) scc158, this court has observed that, the power of the court under section 73 and 45 of the evidence act is not taken away by virtue of incorporation of section 311a of the code of criminal procedure and it is for the court to consider as to whether that is required for proper adjudication. ..... required for adjudication of the case and file supplementary report under section 173(2) read with section 173(8) of the code of criminal procedure and it is for the court to consider as to whether that supplementary report has to be acted upon or not. ..... final report has already been filed and court has taken cognizance of the case and accused appeared and charge has been framed, they can apply to the court under section 73 of the evidence act to get the hand writing and signature either for comparison by court or sent the same for expert opinion as well invoking the power under section 73 of the evidence act. ..... sections 73 and 45 of the evidence act read as follows:73. .....
Tag this Judgment!Court : Mumbai Goa
..... it consists of the ministers-in-charge, secretaries to government, head of public works department, head of forest department, director of agriculture, director of tourism, director of transport, director of health services, director of education, director of fisheries, four members nominated by the central government dealing with various ministries, two persons with special knowledge of planing, representative of chamber of commerce, two members of legislative assembly. ..... the petitioners thereafter filed an appeal as provided under section 52 of the goa town and country planning act, to the respondent no.1-board. ..... his qualifications are prescribed under the act, whose functions are provided under the act. ..... section 4 of the act constitutes the board. ..... section 52 (5) of the act provides that the board shall give reasonable opportunity of being heard to the appellant and to the planning authority. ..... section 52 of the act provides the board as a forum to any person aggrieved by the proceedings under section 52 (1). .....
Tag this Judgment!Court : Chennai
..... cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this section shall apply ..... court has acquitted the respondent holding that the appellant/private complainant failed to prove the liability and also holding that the respondent had rebutted the statutory presumption under section 139 of the act and aggrieved by the order of acquittal, the private complainant preferred an appeal to the high court of judicature at bombay, which also dismissed the appeal holding that the appellant had failed to prove the liability on the ..... cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall without prejudice to any other provisions of this act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: provided ................ ..... accused no.3, namely m/s.karthick fisheries and accused no.5, namely m/s.karthick multi packs pvt. .....
Tag this Judgment!Court : Mumbai
..... 226 of the constitution of india challenges: (i) order dated 22.12.2014 of the central board of direct taxes (cbdt) rejecting the petitioner's application for issue of notification under section 80-ia4(iii) of the income tax act, 1961 (the act); and (ii) order dated 30.9.2014 passed by the deputy commissioner of income tax rejecting the petitioner's application for stay consequent to the assessment order dated 28.3.2014 passed for the assessment year 2011-12 pending ..... impugned order dated 22.12.2014 has denied the benefit of approval under section 80 ia(4) of the act on the following two conditions not being satisfied as under. ..... to the above order, the cbdt has passed the impugned order dated 22.12.2014 rejecting the petitioner's application for approval of its project under section 80-ia(4) of the act and the same is subject matter of the present challenge. 3. ..... the cbdt did not dispose of the petitioner's application and in the meantime the assessing officer passed the assessment order dated 28.3.2014 under section 143(3) of the act for the assessment year 2011-12 without extending benefit under section 80-ia(4) of the act to the petitioner in respect of its project. ..... in case the petitioner deposit the entire amount of demand attributable to the claim under section 80ia(4) of the act, we would be inclined to grant stay. ..... on 22.2.2011 applied to the cbdt for approval of its industrial park - techniplex - ii (project) under section 80-ia(4) of the act for assessment year 2011-12. .....
Tag this Judgment!Court : Mumbai Goa
..... the complainant had filed the said case against the accused for offence punishable under section 138 of the negotiable instruments act, 1881 (n. i. ..... act. ..... act do apply to present transaction. 20. ..... act is not applicable. ..... act. ..... act was not applicable. ..... act. 19. ..... act will be lost, if courts were to insist on proof of the original transaction and original consideration in every indictment under section 138 of the n. i. ..... act is the issue of the cheque for consideration and not the existence of the original consideration. ..... act. ..... act, the court has to presume that the cheque has been issued for discharging a debt or liability and said presumption could be rebutted by the accused by proving the contrary. ..... act, can legally be inferred that the cheque was drawn for consideration on the date, which the cheque bears. 16. ..... act, to raise the presumption in every case where the factual basis of the raising of presumption has been established. 15. ..... act. ..... act. ..... act which was in favour of the complainant. ..... act, for short). .....
Tag this Judgment!Court : Mumbai
..... the complainant had filed the said case against the accused for offence punishable under section 138 of the negotiable instruments act, 1881 (n. i. ..... act. ..... act do apply to present transaction. 20. ..... act is not applicable. ..... act. ..... act was not applicable. ..... act. 19. ..... act will be lost, if courts were to insist on proof of the original transaction and original consideration in every indictment under section 138 of the n. i. ..... act is the issue of the cheque for consideration and not the existence of the original consideration. ..... act. ..... act, the court has to presume that the cheque has been issued for discharging a debt or liability and said presumption could be rebutted by the accused by proving the contrary. ..... act, can legally be inferred that the cheque was drawn for consideration on the date, which the cheque bears. 16. ..... act, to raise the presumption in every case where the factual basis of the raising of presumption has been established. 15. ..... act. ..... act. ..... act which was in favour of the complainant. ..... act, for short). .....
Tag this Judgment!Court : Mumbai Goa
..... of rangappa , (supra), the hon'ble supreme court has held thus at paragraph 14:- in light of these extracts, we are in agreement with the respondent-claimant that the presumption mandated by section 139 of the act does indeed include the existence of a legally enforceable debt or liability. ..... nishakant pednekar was also directly authorized to do various things/acts/deeds as stated in the said resolution, which included representation of the company before any court of law and to protect and defend interest of the company in any matter whether civil or criminal in nature; to file, ..... threatened by the said directors of the company that if he does not act as per their say he will be finished. ..... while section 138 of the act specifies a strong criminal remedy in relation to the dishonour of cheques, the rebuttable presumption under section 139 is a device to prevent undue delay in the ..... the complainant being a company had to maintain accounts as per section 209 of the company act, 1956 (' the act for short) and if not maintained that is an offence under section 209(5) of the act. ..... section 139 of the act is an example of a reverse onus clause that has been included in furtherance of the legislative objective of improving the credibility ..... section 48(1) of the companies act, 1956 provides that a company may, by writing under its common seal, empower any person, either generally or in respect of any specified matters, as its attorney, to execute deeds on its behalf in any place either in .....
Tag this Judgment!Court : Punjab and Haryana
..... of the above, the law on the issue can be summarised to the effect that if a hindu female has been given only a "life interest", through will or gift or any other document referred to in section 14 of the act 1956, the said rights would not stand crystallised into the absolute ownership as interpreting the provisions to the effect that she would acquire absolute ownership/title into the property by virtue of the provisions of ..... the life estate given to her under the will would not become an absolute estate under the provisions of the act 1956 and, thus, such a hindu female could not claim any title to the suit property on the basis of the will ..... the aforesaid statutory provisions provide for conversion of life interest into absolute title on commencement of the act 1956, however, sub-section (2) carves out an exception to the same as it provides that such right would not be conferred where a property is acquired by a hindu female by way of gift or under a will or any other ..... section 14(1) applies in a case where the female had received the property prior to the act being entitled to it as a matter of right, even if the right be to a limited estate under the mitakshara law or ..... possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited ..... possessed by a female hindu, whether acquired before or after the commencement of this act, shall be held by her as full owner thereof and not as a limited .....
Tag this Judgment!Court : Kerala
..... rigorous imprisonment for a period of two years and to pay a fine of 35,000/- with a default clause of rigorous imprisonment for six months for the offence under section 13(2) read with 13(1)(c) of the prevention of corruption act, 1988 and rigorous imprisonment for a period of two years and to pay a fine of 35,000/- with a default clause of imprisonment for six months for the offence under section 409 of indian penal code. ..... the case giving rise to the writ appeal are: the writ petitioner, smt.s.anitha, was working as officer-in-charge of malaya bhavan of the fisheries department during the period from 4.6.1997 to 16.2.1998 and was entrusted with dominion over the financial transactions of the government property of that office. ..... government pleader respondent(s)/petitioner in the wpc:: -------------------------------------- s.anitha, fisheries sub inspector (now under orders of dismissal) incharge of malsya bhavan, anjengo, residing at tc181772 kunnapuzha ..... , represented by the secretary to government, fisheries department secretariat, thiruvananthapuram.2. ..... the director of fisheries issued an order dated 4.3.2009 removing the petitioner from service on the basis of her conviction by invoking the provisions contained in clause (a) of the second proviso to article 311(2) of the ..... of fisheries, ..... ashok bhushan acting chief justice ..... case also the employee was convicted on a charge under section 420 of indian penal code and section 5 of the prevention of corruption act, 1947. .....
Tag this Judgment!Court : Delhi
..... the supreme court was concerned with the issue whether a cooperative society registered under the kerala cooperative societies act, 1969 would fall within the definition of a public authority by virtue of the control exercised by the ..... impugned orders ) - holding the petitioner to be a public authority within the meaning of section 2(h) of the right to information act, 2005 (hereafter the act ) and calling upon the petitioner to appoint a central public information officer (cpio) and an appellate authority.2. ..... the powers exercised by the registrar of cooperative societies and others under the cooperative societies act are only regulatory or supervisory in nature, which will not amount to dominating or interfering with the management or affairs of the society ..... aseem takyar also filed a complaint (no.cic/sg/a/2010/002949) dated 09.10.2010 under section 18(1) of the act before the cic alleging that the pio of nddb had failed to provide the information as sought ..... we are, therefore, of the view that the word controlled used in section 2(h)(d)(i) of the act has to be understood in the context in which it has been used vis- -vis a body owned or substantially financed by the appropriate government, that is, the control of the body is of such a degree which amounts ..... 08.06.2011, the cic relied on its earlier order dated 15.04.2011 and held that the petitioner to be a public authority under section 2(h) of the act and directed the pio of the petitioner to furnish the information sought for.4. .....
Tag this Judgment!