Court : Orissa
Decided on : Nov-22-1993
Reported in : 1994CriLJ1912
..... the materials, it cannot be laid down as a rule of universal application that there was non-application of mind. in this context section 35 of the indian evidence act, 1872 is relevant. it stipulates that an entry in any public or other official book, register, or record stating a fact in issue ..... the packet shall be sent to the public analyst separately by registered post and delivered to him or to any person authorised by him.'after amendment it reads as follows:'memorandum and impression of seal to be sent separately.- a copy of the memorandum and specimen impression of the seal used ..... the view that the prosecution has been able to establish its case. he held that there was violation of prohibition contained in section 7 of the act to attract punishment under section 16(1)(i)(a), and accordingly convicted each of the petitioners, and sentenced each to undergo rigorous imprisonment for six months ..... the records so far as its evidentiary value is concerned as indicated in section 35 of the evidence act, to which is reference has been made above. therefore, it cannot be said that requisite conditions of section 20 were not fulfilled.11. strong reliance is placed by the learned counsel for the petitioners on ..... relevant records were perused.9. the evidence of the food inspector (p.w. 1) is very relevant. he has categorically stated that on 25-11-1985 he placed the report of the public analyst with the other documents before the loci health authority and c.d.m.o. who accorded consent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-1993
Reported in : AIR1994SC152; 1993(3)ALT41(SC); 51(1993)DLT611(SC); 1994LC195(SC); 1995(77)ELT785(SC); JT1993(5)SC448; 1993(2)KLT938(SC); 1994(I)OLR(SC)33; 1993(3)SCALE880; (1994)2SCC14;
..... orderk. ramaswamy, j. 1. leave granted.2. the conflict of judicial opinion among the high courts in interpretation of explanation viii to section 11 of the cpc, as introduced by the cpc (amendment) act, 1976, is to be resolved in this appeal. kutty amma executed udambadi (settlement deed) on may 19, 1961 giving life-estate to her husband krishnan nair, for short ..... of limited pecuniary jurisdiction or of special jurisdiction, like insolvency court, probate court, land acquisition court, rent controller, revenue tribunal, etc. no doubt main body of section 11 was not amended, yet the expression 'the court of limited jurisdiction' in explanation viii is made enough to include a court whose jurisdiction is subject to pecuniary limitation and other cognate ..... the decree of a court of limited pecuniary jurisdiction does not operate as res judicata in a subsequent suit, did not intend to alter the law by suitable amendment to the body of section 11. it was urged that the view of the calcutta high court in nabin majhi v. tele majhi : air1978cal440 and pramode ranjan banerjee v. nirapada mkondel : ..... sri sukumaran, the learned senior counsel, in his effective persuasion and meticulous preparation, is that section 11 and explanation viii should be read harmoniously. the amending act of 1976 made no attempt to delete the words ' court competent to try such' suit in the main section, which would indicate that the legislature intended to retain the distinction between judgments of the court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-11-1993
Reported in : 1993(1)ALT(Cri)211; 1993CriLJ2930; II(1993)DMC110SC; JT1993(4)SC22; 1994(0)MPLJ1; 1993(3)SCALE1; (1993)3SCC406; [1993]3SCR954
..... too suggests that it is an act to amend and codify the law relating to adoptions and maintenance among hindus. section 18(1) of thei hindu adoptions and maintenance act, 1956 entitles a hindu wife to claim maintenance from her husband during her life-time. sub-section (2) of section 18 grants her the right to ..... rani , in a different context, while determining the question whether a party to a decree or divorce could apply for maintenance under sub-section (1) of section 25 of the act after, such decree has been granted, ruled that the proceedings for grant of permanent alimony were incidental to the main proceeding and as ..... madhya pradesh high court taking the view that the dismissal of a petition amounts to passing of a decree for the purposes of section 25 of the act held that claim for permanent alimony was maintainable. the learned judge ruled that there appeared to be no justification for curtailing the ..... in the exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders and every such appeal shall lie to the court to ..... to 13 of the act, even though technically speaking dismissal of a suit or a petition may be called a decree but not for the purpose of section 25 conferring jurisdiction on the matrimonial court to grant permanent alimony.11. a division bench of the orissa high court in akasam chinna babu .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Nov-12-1993
Reported in : 1994(1)ALT173
..... an award enquiry, pass the award, pay the compensation therefor. but, that was not done and meanwhile, the mandatory period of two years contemplated under section 11-a of the land acquisition act, which was incorporated by amending act 68 of 1984 was coming closure and as such, because of the inaction of the 2nd respondent in not passing the award, this writ petition was ..... award. by order dated 7-4-1988 in wpmp 2104/88, a learned single judge of this court taking note of these factors and also time lapse under section 11-a of the land acquisition act, directed the 2nd respondent to pass the award by 19-5-1988. the same was not complied with by the 2nd respondent and later an application in ..... , article 31 was there existing in the book of constitution, until it was repealed by 44th constitution amendment which came into force somewhere in ..... authorities felt that the lands of the petitioners were needed for acquisition and the same was acted upon by issuance of necessary notifications, it is impermissible to invoke raip act. in fact, in the instant case, the fundamental right which was guaranteed under article 31 of indian constitution is applicable, as at the relevant point of time when land acquisition proceedings were initiated .....
Tag this Judgment!Court : Kerala
Decided on : Nov-18-1993
Reported in : AIR1994Ker134
..... and order 22 of the code of civil procedure applicable to proceedings under that act as far as possible. order 22, rule 9(3) stipulates that the provisions of section 5 of the indian limitation act shall apply to an application under sub-rule (2) of rule 9 and that enables a person claiming to be the legal ..... 1959 which were replaced by the rules of 1979 with effect from 24-5-1979. the requirement in rule 11(8) of the ruels of 1959 to serve a copy of the order was deleted. but consequential amendment was not made in rule 13(3) of the rules of 1979. a division bench of this court in ..... knowlege of the order. if that be so, knowledge of the order has to be imputed to petitioners also in which case the petition presented on 4-11-1989 is beyond the period of limitation by one day. the question arises whether counsel had notice of the order and whether knowledge can be imputed to ..... delay in filing the appeal or application. the rent control act does not contain such a provision and the conclusion is irresitible that the provisions of section 5 cannot be made applicable to proceedings under the rent control act before the rent control court and the appellate authority.11. it may be contended that the full bench of ..... was passed on 19-10-1989. the petition to set aside the ex parte order was filed on 4-11-1989 supported by an affidavit alleging that the petitioners came to know of the order on 3-11-1989. rule 13(3) insists filing of the petition within 15 days of the date of receipt of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-05-1993
Reported in : AIR1994SC158; [1993]79CompCas139(SC); JT1993(5)SC684; 1993(4)SCALE7; (1994)1SCC34; [1993]Supp2SCR645; 1994(1)LC140(SC)
..... two points of view. it is with this assistance, we proceed to consider and decide this controversy.5. the companies (amendment) act, 1988 which has inserted section 10f with effect from 31.5.1991 and has also made some simultaneous changes in section 10e brings about the establishment of an independent company law board to exercise the judicial functions exercised earlier by the courts ..... the high court having jurisdiction in relation to the place at which the registered office of the company concerned is situate as indicated by section 2(11) read with section 10(1)(a) of the act. accordingly, in the present case, the appeal against the order of the company law board would lie in the madras high court which has jurisdiction in relation to ..... taking the view which we have indicated.13. in arjun prasad v. shantilal shankarlal shah and ors. : [1962]2scr402 the question was whether the appeal provided by section 153(7) of the indian companies act, 1913 lay to the high court or to the supreme court. it was held that an appeal from the order of the company judge lay to the high ..... high court having jurisdiction over the company law board at the place of its location where the order under appeal is made. shri shanti bhushan also placed reliance on clause 11 of the letters patent of the lahore high court which by the historical process continues to be applicable to the delhi high court as a further argument to support this .....
Tag this Judgment!Court : Delhi
Decided on : Mar-19-1993
Reported in : 51(1993)DLT240; (1994)ILLJ1207Del
..... a.d.(6) it was in this setting of facts that the industrial tribunal was approached, in view of the requirements of the provisions of section 33of the act, for approval of the dismissal order, because of the fact that industrial dispute between the petitioner company and its workmen was pending at the time.( ..... orders that the union should be a recognised or registered union. in fact, the new provision was introduced in rule 14(4) by inserting clause (ba) by amendment of 1975, and judgment in the dunlop rubber co. case (supra) is of a much prior date.(38) the judgment relied upon by mr. verma reported as ..... who were willing to work to resort to sit in or go slow or other mode of striking work, and would also try to sabotage the boiler which was integral part of the manufacturing unit of the company, and that because of this. successive charge sheets were served on him during the months ..... that the standing orders of the company in question provided that in domestic enquiry, only a representative of a union, which is registered under the indian trade union,act, and as recognised by the company, could assist and in such a situation there is no denial of natural justice it the request of the ..... evidence,recorded in the absence of the workman could not form a legal basis for taking action against the workman, namely, that of his dismissal fromservice.(11) there is a positive finding by the learned tribunal based on the enquiry report file, which was exhibited before him as m/19 that an .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-1993
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... of the people (amendment) act, 1980 respectively] and section 5a(2) of the representation of the people act, 1951 [as inserted by the representation of the people (amendment) act, 1980] providing for reservation of 12 seats, out of 32 seats in the sikkim, legislative assembly in favour of bhutias-lepchas, are unconstitutional as violative of the basic features of democracy and republicanism under the indian constitution ?d ..... on 11.9.1979, amendments were introduced to the representation of the people act, 1950 and the representation of the people act, 1951 to enable fresh elections to the sikkim assembly on certain basis considered appropriate to and in conformity with the historical evolution of the sikkim's political institutions. the ordinances was later replaced by representation of the people (amendment) act, 1980 by which sub-section ..... january 24, 1947 for determining the fundamental rights of citizens, minorities, et cetera. the advisory committee was empowered to appoint sub-committees [see b. shiva rao's framing of indian constitution, vol. 11, pp. 56-57] and accordingly a sub-committee on minorities was appointed on february 27, 1947, to consider and report, inter alia, on the issue whether there should be .....
Tag this Judgment!Court : Rajasthan
Decided on : Sep-07-1993
Reported in : (1994)IILLJ670Raj
..... company and the workers of the contractor. the tribunal has found no evidence that the aforesaid four persons were employed and terminated on the basis of amendment of 1958 in section 2(g) of the industrial disputes act by which clause (iii) was inserted. the tribunal further held that the company (respondent no.2) would be deemed to be employer by virtue of ..... four persons were employees of the contractor and, as such, they became the employees of the company by virtue of section 2(g)(iii) added by rajasthan amendment of 1958, and after the act of 1970, there was no jurisdiction under industrial disputes act for matters relating to contract labour. the case was decided by the tribunal against the petitioner.8. detailed arguments have ..... ordinarily a part of the industry, the owner thereof.'similar amendment was made in the definition of workmen.6. the contract labour (regulation & abolition) act, 1970, was enacted by parliament. the industrial disputes act, 1947 was also enacted by parliament. the state legislature made amendment of 1958 in section 2(g) of the industrial disputes act. the contractor's employees were not covered by the definition ..... employed by the contractor who was attached with m/s. multi metals limited company for making the wooden boxes for the purpose of packing of the goods manufactured by it.11. in the light of aforesaid discussion, i find no force in this writ petition. therefore, the same is dismissed and it is held that the learned tribunal was justified in .....
Tag this Judgment!Court : Rajasthan
Decided on : May-20-1993
Reported in : 1994CriLJ1299
..... i.p.c. balbir was further convicted and sentenced with r.i. for two years for offence under section 27, indian arms act and with r.i. for one year for offence under sections 25(1)(e), indian arms act. all the three substantive sentences were directed to run concurrently. aggrieved, balbir has filed this appeal.7 ..... so as to enhance or reduce the same;(d) in an appeal from any other order, after or reverse such order;(e) make any amendment or any consequential or incidental order that may be just or proper:provided that the sentence shall not be enhanced unless the accused has had an ..... some body.'(emphasis ours).the doctor further mentioned 'at present the patient can give his statement'. this report clearly shows that till ex. p-11 had been scribed by dr. surendra mohan sharma, name of the person guilty of shooting at hukamchand had not been disclosed, neither by the attendents ..... recorded the dying declaration of the deceased and report ex. p-l 1 prepared contemporaneously by dr. surendra mohan sharma (pw 17).ex. p-11 is one the earliest written versions about the incident. it inter alia reads:'it is to request you that shri hukamchand s/o shri dungarmal age ..... r. k. jain, munsif & judicial magistrate, raisinghnagar reached the hospital and recorded the dying declaration (ex, p-9) of hukamchand in the hospital.11. the prosecution story is that dr. surendra mohan sharma found that condition of hukamchand was deteriorating and the injured had become critical. he, therefore, advised that .....
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