Court : Delhi
Decided on : Mar-06-1998
Reported in : 72(1998)DLT378; I(1998)DMC480
..... accused person.'19. irrespective of the place of the commission of offence to be the venue of trial, by way of amendment in sub-section (2) of section 182, cr.p.c. by the criminal law amendment act, 1978, a right is now conferred upon a woman to make a ,complaint relating to an offence of bigamy at the ..... was rightly registered and investigated by the delhi police and that the delhi courts undoubtedly have jurisdiction to try the petitioners for offences under sections 406 and 494, ipc pursuant to the investigation carried out in fir no. 56/90.while dismissing the petition, it is directed that the criminal complaint pending in the court of metropolitan ..... praying for quashing of fir no. 56/90 registered at police station, kirti nagar, new delhi on 21.3.1990 for offences under sections 406/494/498a, ipc; to restrain the respondents from arresting the petitioners in connection with commission of the afore-mentioned offences and to stay further proceeding.2. because of the subsequent developments .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-1998
Reported in : ILR1998KAR2776; 1998(3)KarLJ382
..... be needed for any public purpose, . . ...the central government has further amended the central act 1 of 1894 by central act 68 of 1984. under this amended act, the concurrent power conferred on the appropriate government or the deputy commissioner by central act 1 of 1894 as amended by state act 17 of 1961, has not been amended or modified. the power conferred on the deputy commissioner by state ..... from doctrine of sub-silentio and per incurium.21. sri mohandas n. hegde, learned counsel nextly, contended that the amendment introduced by state act 33 of 1991 is prospective and not retrospective in nature and therefore, the notification issued earlier to the amended act 33 of 1991 came into force is invalid in view of the decision in kanaka gruha nirmana sahakara sangha's .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-06-1998
Reported in : (1998)119PLR250
..... tantamount to admission binding the tenant and so as to hold that the said ground of eviction is established. the supreme court while referring to section 18 of the indian evidence act held as under :-'........section 18 postulates that statements made by a party to the proceeding, or by an agent to any such party. whom the court regards, ..... this case. we think in the circumstances, we should agree with sri sanghi that the concurrent findings as to exclusive possession of m/s. kwality ice cream was not amendable to reversal in revisional. contentions (a) and (b) in our opinion are well taken and would require to be held in appellants favour.8. the same question was ..... the suit, are admissions, if they are made during the continuance of the interest of the persons making the statements.13. a perusal of section 15 of the indian evidence act leaves no doubt that this was an admission made by mohd. shakil and could be read against him. it could not be read against the petitioner. otherwise also, .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-06-1998
Reported in : 1999(2)AWC1201
..... section 4 provides remedy available to person denying liability to pay amount recovered under the provision of section 3. section 5 has been substituted by u. p. amendment act which provides that where any sum is recoverable as an arrears of land revenue by any public officer other than a collector or by any local authority, such ..... of punjab (supra) where hon'ble supreme court justified validity of tax on foreign liquor with reference to section 90 of the punjab municipal corporation act which conferred authority on the state government for levy of tax on indian made foreign liquor. however, in the present case, as already mentioned above, there is no provision in the ..... act conferring specific or implied power on the state government to enact a rule in the nature of rule 8 (c) contemplating the imposition of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-1998
Reported in : AIR1998SC1309; JT1998(2)SC457; 1998(2)SCALE300; (1998)3SCC654; [1998]2SCR212
..... act is extended to the municipal town, township or village in which the land is situate, or within one month after ..... a suit in ejectment has been instituted or proceeding under section 41 of the presidency small cause courts act, 1882, taken by the landlord, may, within one month of the date of the publication of madras city tenants' protection (amendment) act, 1979 in the tamil nadu government gazette or of the date with effect from which this ..... connection relied upon the two earlier division bench judgments of the same high court, as mentioned above. in our view, on the scheme of the protection act which we have considered the aforesaid conclusion to which the division bench reached is quite justified and well sustained. however learned senior counsel for the defendant vehemently .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-06-1998
Reported in : 1998CriLJ4788
..... petitioner no. 1/sham singh could not be summoned under section 494, ipc. they could be summoned only under section 109, ipc, which provides for punishment for abetment to commit a crime. section 109, ipc reads as under :- '109. punishment of abetment if the act is committed in consequence and where no express provision is made for its ..... punishment - whoever abets any offence shall, if the act abetted is committed in consequence of the abetment, and no express provision ..... placed before him while recording the finding that there were sufficient grounds to proceed against all the accused to summon them for the offences under section 494, ipc. the complaint and the summoning order would result in the abuse of process of the court. besides this, it may be mentioned that the respondent-wife .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : 1998CriLJ4496
..... the other amendments effected by criminal law (amendment) act, 1983 were to sections 174 and 176 of the said criminal procedure code and the insertion of section 198-a in the cr. p. c. the necessary amendment in the first schedule to the code of criminal procedure, inserting section 498-a, was also made. as far as the indian evidence act, 1872 ..... the hapless woman concerned, constitute only a small fraction of the cases involving such cruelty. it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by their in ..... provisions of section 306, l.p.c. which was already on the statute book. it was, therefore, proposed' o suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to married women .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-05-1998
Reported in : AIR1999MP143
..... permission of the state government, with - (i) 'the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to ..... the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. section 22b of the indian electricity act, 1910 (for short the act of 1910) lays down power to control the distribution and consumption of energy. ..... section 22b of the act of 1910 reads as under :'section 22b -- power to control the distribution and consumption of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-05-1998
Reported in : 1999(1)MPLJ648
..... permission of the state government, with-(i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959), for the supply of energy to any person, or(ii) any requisition for the resumption of supply of energy to ..... appreciate the controversy involved, it will be relevant to mention various provisions of the indian electricity act, 1910, electricity (supply) act, 1948, regulations and terms of the agreement framed thereunder. section 22b of the indian electricity act 1910 (for short the act of 1910) lays down power to control the distribution and consumption of energy. ..... section 22b of the act of 1910 reads as under :'section 22b. power to control the distribution and consumption of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-05-1998
Reported in : II(1998)DMC569
..... the correctness of the judgment of punjab and haryana high court acquitting the husband of the offence punishable under section 306 of ipc. in para 24 of the judgment, the apex court referred to the amendment inserted by the criminal law (amendment) act, 1983 and observed as under :'...the degradation of society due to the pernicious system of dowry and the unconscionable demands made ..... persons. it is then contended that there is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498a of ipc, lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, there is a rational nexus between the .....
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