Court : Mumbai
Decided on : Nov-25-1998
Reported in : 1999(1)ALLMR405; 1999(1)BomCR643; (1999)1BOMLR687; [1999(81)FLR767]; (1999)IILLJ109Bom; 1999(1)MhLj489
..... :-'(b) that the learned 2nd respondent has ex facie erred in failing to take cognisance of the fact that after the passing of the industrial disputes (amendments) act of 1996 the appropriate government for all airline companies is the central government. that, therefore, on and from the time and more particularly atthe date of ..... the 'appropriate government' which referred the matter for adjudication.' i respectfully agree with the observations of the learned chief justice of the gujarat high court in indian oil corporation's case (supra). in my view, the legal position has been aptly and precisely laid down by the division bench of the gujarat high ..... its order dated 29th november, 1994, the labour court declined to admit the said documents,holding them to be privileged under section 122 of the indian evidence act, being communication between spouses during marriage sought to be produced before the court without the 1st respondent's consent. the petitioner also attempted to issue witness .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-25-1998
Reported in : [1999]237ITR445(KAR); [1999]237ITR445(Karn)
..... no. 549, dated october, 31, : [1990]182itr1(mad) , justifying levy of additional tax as under (page 23) :'the new section 143, as substituted by the amendment act, 1987, while dispensing with the necessity of passing assessment orders in all cases, did not contain any deterrent provision against filing of incorrect returns to show lesser tax liabilities. ..... levy of additional tax as penal in character and therefore prospective. assistance was taken from explanation 6 to sub-section (1) of section 271 of the act. by the direct tax laws (amendment) act, 1989, to the effect that wherein adjustment is made in the income or loss declared in the return under the proviso to clause (a) of ..... enumerated in list ii or list iii including any tax not mentioned in either of those lists. the provisions for self assessment were existing since the indian income-tax act of 1922 was enacted but it was not fully implemented. there had been legislative changes from time to time and it is in order to encourage .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-25-1998
Reported in : 1998(4)AWC10; (1999)1UPLBEC697
..... writ petitions against orders of board of revenue and director of consolidation were abolished. by u. p. high court (abolition of letters patent appeals) amendment act, 1975. i.e., [u. p. act no- 31 of 1975), special appeal was abolished against orders of learned single judge passed in writ petitions arising out of judgment, order or award ..... place of employment, or holds out any promise of individual advantage or profit to any person ; (iii) abates (within the meaning of the indian penal code) the doing of any of the acts specified in clauses (i) and (ii) ; (iv) induces or attempts to induce a candidate or elector to believe that he, or any ..... under :'in exercise of the powers under the explanation to section 25 of the societies registration act, 1860 (act no. 21 of 1860), as amended in its application to uttar pradesh by the societies registration (uttar pradesh amendment) act, 1975 (u. p. act no. 52 of 1975), the governor is pleased to authorise the sub-divisional magistrates within their .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-24-1998
Reported in : 2000(5)BomCR148
..... falling under any of the six clauses of the above section. it is to be mentioned that offence under section 376(2) of the indian penal code is a graver offence as a result of amendment of 1988. therefore, it is necessary that charge of rape must be clearly proved. we are conscious that where the testimony of prosecutrix was ..... is not from the prosecutrix herself but on the dictation of her father. it is, therefore urged that the evidence of the prosecutrix was risky to be believed and acted upon. the learned counsel further urged that though the clothes on the person of the prosecutrix were seized and they were sent for examination to the chemical analyser besides ..... victim or that there was absence of smegma and that it was also immaterial that a completed act of rape on the part of each of the gang members was not provable. nevertheless, by virtue of explanation to section 375 of the indian penal code, theonly thing to be ascertained is whether the private parts of the accused did enter .....
Tag this Judgment!Court : Allahabad
Decided on : Nov-24-1998
Reported in : AIR1999All109
..... any will. (f) chapter xxx rule 6 of the allahabad high court rules permitted an application for letters of administration when there is a will made under the indian succession act. in the absence of any will by the society, which is an impossibility under the law, there could not have been any application for letters of administration. ( ..... cpc is to give the government of the public servant concerned an opportunity to reconsider its or his legal position and if that course is justified to make amends or settle the claim out of court. the section is imperative and must be strictly construed. failure to serve a notice complying with the requirements of the statute ..... permission from the court and the suit was contested by the defendants, who had filed written statement. the suit had been pending at the evidence stage when the application for amendment, as no. a-28, was filed by only two of the plaintiffs no. 1 and 3. they desired that ram chandra mission, deewan jograj, shahjahanpur, through .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-1998
Reported in : 76(1998)DLT972
..... would show that the plaintiff based his suit on the alleged agreement dated 2.6.1987. counsel submitted that thus, the suit is clearly hit by section 69 of the indian partnership act and relied upon the ratio of the decision in lalit kumar & ors. vs . municipal corporation of delhi & anr.; reported in : 56(1994)dlt123 where the suit was ..... not, but, admit the aforesaid position in view of the existence of several other documents on record. i also find on record that subsequently the plaintiff also sought for amendment of the plaint on that count and the same was also granted. thus, it is to be seen and considered as to whether the present suit instituted by an unregistered ..... in the said decision the supreme court held that if a suit is hit by the provisions of section 69 of the partnership act on the date of filing of the suit would not be saved by subsequent amendment in the plaint.11. the plaintiff through an application got the name of defendant no.2 deleted from the array of parties on .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1998
Reported in : 1999CriLJ1742
..... nath v. collector central excise, allahabad air 1979 all 128, decided by a division bench; in spite of the explanation inserted in section 141 by the civil procedure code (amendment) act, 1976, the salutary principles enshrined in the civil procedure code governing the trial of civil suits may be applied to the proceedings excepting the cases of habeas corpus petitions under ..... and that is why the state is known as a welfare state.42. this court in its decision in the case of the 'ad hoc' committee, the indian insurance company association pool v. smt. radhabai reported in air 1976 madh pra 164 at page 168 had clarified that the socio-economic and welfare activities stand on ..... the petitioners had alleged that vinod kumar gupta, the deceased, had been arrested by the police for having committed offences under sections 353, 336, 337 and 427, ipc for breaking the windscreen of fire-brigade vehicle no. cpm/ 7924 by pelting stone and causing simple injuries to one albelsingh on 1-4-1995 at 10.30 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-1998
Reported in : 1998IXAD(SC)1; AIR1999SC277; JT1998(6)SC164; (1999)122PLR158; 1998(6)SCALE274; (1999)1SCC586; [1998]Supp3SCR120; (1999)1UPLBEC110
..... railway company which has now become defunct, had various immovable properties situated in one complex within the saharanpur town. the appellant municipal board, duly constituted under the act, sought to levy house tax and water tax in connection with the buildings and lands of respondent railway company during the relevant years. the said taxes were ..... executive officer of the municipal board. the railway company appealed against the order of the executive officer to the district magistrate under section 160 of the act. the district magistrate remanded the case back for proper calculation of the house tax and directed that the general rate should not be applied to all ..... challenge the main order of the learned single judge directly before us and the entire period till date will get excluded under section 14 of the limitation act, thus, this technical contention cannot be countenanced.5. in view of the aforesaid rival contentions on merits of the appeal, the following points arise for our .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-24-1998
Reported in : AIR1999MP168; 1999(2)MPLJ122
..... disputes to which the state government or a public undertaking is a party and for the matters incidentally thereto or connected therewith. later on, by amendment by act no. 9 of 1990 the public undertaking was qualified by adding wholly or substantially owned or controlled by the state government. thus, the purpose of ..... the work of compaction and watering was withdrawn from the respondent-contractor for which he filed an application under section 20 of the indian arbitration act, 1940 (hereinafter referred to as 'the act') in the court of the learned district judge, durg who appointed a commissioner for recording the measurements and directed the state ..... the tribunal arrived at the conclusion that the proceedings initiated before the civil court for appointment of arbitrator under section 20 and section 8 of the indian arbitration act prior to commencement of the adhiniyam were not saved under section 20(2) of the adhiniyam; and the tribunal has jurisdiction to adjudicate the controversy .....
Tag this Judgment!Court : Delhi
Decided on : Nov-24-1998
Reported in : 1998VIIAD(Delhi)409; 1(1999)CLT1; 1999(48)DRJ589; (1999)121PLR29; 1999RLR45
..... court has jurisdiction to regulate the right of the opposite party to amend his pleadings or file a new or additional pleading. the following principles and procedural steps deducible from english and indian practice should regulate the procedure:-(i) once a plaint has been amended consequent upon leave having been allowed by the court, the defendant ..... to amendment of pleadings withdrawing admissions and dealing with principles governing such prayers was dealt with by this court in at ..... alternative in an effort to protect his possession.11.2 in a very limited category of cases an amendment proposing to withdraw an admission and plead an inconsistent case may be allowed s.31 evidence act provides -admissions are not conclusive proof of the matters admitted but they operate as estoppels. law as .....
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