Court : Chennai
Decided on : Jan-29-1998
Reported in : 1998(2)CTC94; (1998)IIIMLJ466
..... amendment should be allowed.9. to appreciate the contentions raised by the counsel, it has be seen that the present suit is on a promissory note in which certain statutory presumptions arise in favour of the plaintiff. apart from the presumption which is raised under section 114(c) of the indian evidence act ..... in favour of the plaintiff.10. in comparison to the presumption which would arise under section 114 of the indian evidence act, it is settled law that presumption arising under section 118 of the negotiable instrument act is statutory and mandatory in character. in, official receiver v. abdul shakoor, : [1965]1scr254 , the ..... follows:-'there is marked contrast between section 1188 of the negotiable instruments act and section 114 of the indian evidence act. the statutory presumptions under section 118 of the negotiable instruments act is mandatory while the presumption under section 114 of the evidence act is permissive depending upon the exercise of discretion of the court.'therefore, .....
Tag this Judgment!Court : Chennai
Decided on : Jan-29-1998
Reported in : 1998(61)ECC50
..... judge has held that when there is conflict between the exercise of subordinate judicial legislature under section 3 of the imports and exports act and the public policy, the public policy has no legal effect in amending the ogl order. he also placed reliance on another decision of bombay high court in dowsyl polymers v. m.g. abrol. ..... includes the prohibition or regulation imposed by any law, then, the next clause would become otiose. he also brought to my notice a decision of the supreme court in indian express newspapers v. union of india : [1986]159itr856(sc) , in para 79 and submitted that the government should exercise the power in a reasonable manner and the ..... the decision of bombay high court in lokash chemical works case, cited supra, does not apply to the facts of the case, the decision of the supreme court in indian newspapers v. union of india : [1986]159itr856(sc) that the court should require the government to exercise the power in reasonable way has no application to the facts .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-1998
Reported in : [2001]247ITR521(Mad)
..... passed by it.9. originally, the income derived from land held under trust for charitable or religious purposes was exempt from tax by the act. such an exemption enured to the benefit of the said trust till the amendment act 4 of 1973. the said amendment act came into force with effect from april 1, 1972, which introduced clause (b) of section 4 of the ..... , that is to say- (1) 'agricultural income' means agricultural income as defined for the purposes of the enactments relating to indian income-tax . . .'under section 2(1a) of the income-tax act, 'agricultural income' is defined. the said definition, it appears, underwent amendments on many occasions. there is no need or necessity, we rather feel, to extract the definition of 'agricultural income' as .....
Tag this Judgment!Court : Chennai
Decided on : Jan-08-1998
Reported in : 1999(1)ALD(Cri)224; 1998CriLJ1762
..... bail after the said period is over. this was challenged before the supreme court. it is relevant to note in that case, that there was an amendment in section 438, cr.p.c. made by the government of maharashtra introducing the provision for interim anticipatory bail. so, in the said context, the ..... the accusation survives till the conclusion of trial.128. what is meant by accusation? according to the shorter oxford english dictionary, the word 'accusation' means, 'the act of accusing, or the being accused, the charge, or the declaration containing it, an indictment.'129. according to the websters encyclopaedic 'unabridged dictionary, the word 'accusation ..... ' means:a charge of wrong doing, imputation of guilt or blame, the specific offence charged; the act of accusing or charging. 130. the word 'accusation' is defined in the law dictionary as 'a charge against a person or corporation: 'in its broadest sense .....
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