Court : Punjab and Haryana
Decided on : Jan-21-2009
Reported in : (2009)154PLR125
..... award of additional amount under section 23 enhanced interest under section 28 and solatium etc. could not be treated as clerical or arithmetical error in the order. the application for amendment of the decree in awarding of the amount as indicated above was held to be bad in law.14. as a matter of fact such inherent powers would generally be ..... the following cases on the point may be made.the basis of the provision under section 152 cpc is found on the maxim actus curiae neminen gravabit i.e. an act of court shall prejudice no man (jenk cent-118) as observed in a case reported in assam tea corpn. ltd. v. narayan singh . hence, an unintentional mistake of the ..... for the parties and judgments have also been cited. the basis of the provision under section 152 cpc is found on the maxim actus curiae neminem gravabit i.e. an act of the court shall prejudice no man. the judgment, which is quite close to the facts in the present case is jayalakshmi coeiho v. oswald joseph coelho : [2001]2scr207 , .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-21-2009
Reported in : 2009(3)MPHT519
..... seek to interpret it 'according to the intent of them that made it. if it were the case that it appeared that an act might have been better drafted, or that amendment to it might be less productive of anomalies, it is not open to the court to remedy the defect. that must be left to the legislature.13. ..... . : air 1992 sc 1789, again the supreme court has reiterated the same principle by holding that where there appears to be inconsistencies in two sections of the same act, the principle of harmonious construction should be followed in avoiding a 'head on clash'. the supreme court further held that the provision of one section of statute cannot be ..... the decision of krishna kumar (supra), which reads thus:11. it is settled principle of interpretation that where there appears to be inconsistency in two sections of the same act, the principle of harmonious construction should be followed in avoiding a head on clash. it should not be lightly assumed that what the parliament has given with one hand .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR609; 2009(2)MhLj651; LC2009(1)329
..... court is required to be determined under the provisions of order xiv rule 2 of the c.p.c. the preliminary issue has been framed. the plaintiff desires its amendment . it is, therefore, re- framed as follows:whether this court has inherent jurisdiction to try the suit.7. one mode of reading of plaint is to see ..... the licence to the complainant in accordance with the directions of copyright board, on payment of such fee as may be prescribed.explanation ,- in this sub-section, the expression 'indian work' includes -(i) an artistic work, the author of which is a citizen of india; and(ii) a cinematograph film or a [sound recording] made or manufactured in ..... perform the statutory duties and public functions essentially under section 31 of the act. section 31 runs thus:31. compulsory licence in works withheld from public - (1) if at any time during the term of copyright in any indian work which has been published or performed in public, a complaint is made to the copyright board that the owner .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR737
..... assistant minister issue).'xxxxx xxxxx xxxx320 the prosecutor complained that a parliamentary secretary, such as the respondent, was not, by the ministers of state and other legislation amendment act 2000 (cth) or otherwise, a minister, still less a minister administering a department as, it was suggested, section 64 of the constitution requires. the ..... settle political interest in the garb of exercise of an executive power apparently not in consonance with law. [see- oxford- administrative law, ninth edition (indian edition) by h.w.r. wade and c.f. forsyth].51. the supremacy of the constitution cannot be permitted to be compromised by any organ of ..... no. 5 is that the general assembly elections were held in goa in may, 2007. the petitioner was actively and openly campaigning and canvassing against indian national congress nationalist congress alliance. since the alliance parties have returned to power, petitioner supporting bharatiya janata party has filed this petition by way of political .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2009
Reported in : 2009CriLJ3507
..... court, the copies of documents, relied upon by the prosecution, were supplied to the accused. charge under section 15 of the act, against all the accused, as also under sections 467 and 471 of the indian penal code, against sandeep kumar, accused, was framed, to which they pleaded not guilty, and claimed trial.4. the prosecution ..... -husk, stood proved. once the possession of the accused, and their control over the contraband was proved, then statutory presumption under sections 54 and 35 of the act, operated against them, that they were in conscious possession thereof. thereafter, it was for them, to rebut the presumption, by leading cogent and convincing evidence. however ..... , and the same stands rejected. the trial court was, thus, right in recording conviction and awarding sentence, for the offence, punishable under section 15 of the act; to kulbir singh and babli alias tarsem singh, accused.24. now coming to the appeal, filed by the state of haryana, against the acquittal of sandeep kumar .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2009
Reported in : (2009)3PLR633
rakesh kumar garg, j.1. brief facts of the present revision petition are that the petitioner-claimant filed claim petition under section 163-a of the motor vehicles act, 1988 as amended upto date claiming a compensation of rs. 4,50,000/- against the respondents on account of his permanent disability suffered by him.2. the claimant moved an ..... application before the tribunal for amendment in the claim application that his monthly income was wrongly stated as rs. 15,000/- per month and in fact his monthly income is hardly rs. 3,000/- ..... and the same requires to be rectified.3. the said application was contested by the respondents.4. the tribunal vide its impugned order held that application for amendment was filed when the parties have already led their evidence and in these circumstances, the claimant cannot be permitted to change the pleadings and rejected the .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-22-2009
Reported in : 2010CriLJ73
..... meted out to the woman soon before her death.section 113-b of the evidence act is also relevant for the case at hand. both section 304-b of the ipc and section 113-b of the evidence act were inserted by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b, ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. ..... offence of dowry death as well as for raising a presumption under section 113-b of the evidence act, the expression 'soon before her death' used in the substantive section 304-b, ipc and section 113-b of the evidence act is present with the idea of proximity test. no definite period has been indicated and the expression 'soon .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2009
Reported in : [2009]149CompCas733(P& H); [2009]91SCL127(Punj& Har)
..... , the crown's debt is entitled to have priority over the claim of others.(iii) since there is no specific provision claiming 'first charge' in the central excise act and the customs act, the claim of the central excise department cannot have precedence over the claim of secured creditor, viz., the petitioner-bank.(iv) in the absence of such specific provision ..... on priority basis. in fact, the counsel would argue that the claim of the union of india should be entertained outside the purview of section 529a of the companies act. the government had a right lien over the goods and the effect of the order passed already was only to cede the lien in favour of the o.l. ..... the good could not be defeated at the instance of the company court. holding that the customs department did not have a right under section 142 of the customs act to have a statutory power to control over the custody of goods, the appeal filed by the union of india was dismissed affirming the decision of the company court. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-22-2009
Reported in : (2009)3PLR690
..... court in its own name, making the insured as co-complainant. an objection was taken that insurer is not a consumer within the meaning of consumer protection act, 1986. the question before the hon'ble supreme court was whether the first respondent insurance company was subrogated to the rights of the second respondent consignor in ..... of the rights of the second respondent in respect of thereof and, if the latter, whether it was a 'consumer' within the meaning of the consumer protection act, 1986, entitled to maintain a complaint thereunder.16. the hon'ble supreme court after examining the letter of subrogation and special power of attorney executed by the insured ..... to the insured, there was no question of the insurer being a beneficiary of the service, therefore, insurer was not a consumer within the meaning of consumer protection act and was, therefore, not entitled to maintain the complaint.17. thus, in the aforementioned case, the question before the hon'ble supreme court of india was .....
Tag this Judgment!Court : Orissa
Decided on : Jan-22-2009
Reported in : 107(2009)CLT673
..... issued to fill up the gap between the statutory provisions and are not inconsistent with the said provisions.11. thus, it is settled law that executive instructions cannot amend or supersede the statutory rules or add something therein. the orders cannot be issued in contravention of the statutory rules for the reason that an administrative instruction is ..... act contrary to that rule or the act.8. similarly, another constitution bench of the hon'ble supreme court in sant ram sharma v. state of rajasthan and ors. air 1967 sc 1910, has observed as under:it is true that the government cannot amend or supersede statutory rules jay administrative instruction, ..... of mysore and ors. air 1966 sc 1942, has observed as under:it is hardly necessary to mention that if there is a statutory rule or an act on the matter, the executive must abide by that act or rule and it cannot in exercise of its executive powers under article 162 of the constitution ignore or .....
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