Court : Gujarat
Decided on : Sep-04-2003
Reported in : AIR2004Guj102; (2003)3GLR2563
..... were given final plot nos. in view of the aforesaid, we hold that the agreement dated 24th march, 1980 is not in contravention of provisions of section 23 of the indian contract act.16. the next submission of mr. parikh is that the document in question shows that originally there were 3 persons on the side of plaintiffs viz. plaintiffs nos. 1 ..... created forged documents and they have filed a false suit.3.2 so far defendants nos. 4 and 7 to 11 are concerned, they have filed written statement to the amended plaint as well as to the application at exh. 128. they have denied the averments made in the plaint and have stated that the suit against them was not maintainable ..... , during the pendency of the suit, on coming to know that the suit lands were sold to other persons by defendants nos. 1 and 2, the plaintiffs have joined, by amending the plaint, the purchasers of the suit land as defendants nos. 7 to 19. it also appears that defendants nos. 4 and 5 were deleted from the proceedings of the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-2003
Reported in : II(2004)BC218; [2004]118CompCas201(Mad); 2003CriLJ4373
..... concept of interlocutory order qua the revisional jurisdiction of the high court was completely foreign to the earlier 1898 code and the 1955 amendment to that code. under the 1955 amendment widest possible powers of revision had been given to the high court under sections 435 and 439 of the 1898 code and the ..... from being given, except the production of the document itself as contemplated under section 92 of the indian evidence act. when the said document has already been admittedly reduced into writing as contemplated under section 91 of the indian evidence act, in such cases, having stated in the complaint that the petitioners are partners according to the ..... this stage. 9.in support of his contention, the learned counsel for the respondent cited the decision reported in karumuthu c. sundaran and 5 others vs. indian bank merchant banking services ltd. reported in 2001 1 lw crl. 326 wherein his lordship m. karpagavinayagam has considered the various decisions of the supreme court and .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-2003
Reported in : 2004(2)MhLj555
..... 1992crilj3712 , and (3) daulatram v. state, : (1995)1scc349 . he urged before this court to reject the application.8. so far as the issue of allowing the amendment is concerned, the order dated 27-11-2003 was passed so as to convert the criminal revision application filed under section 397(1) of the criminal procedure code into a criminal application ..... . sudarshan shah and ors., : 2002crilj1849 . in the case of puran (supra), the offences registered were punishable under section 498-a and 304-b of the indian penal code. bail was granted by the sessions court on 30-11-2000 in favour of some of the accused and this order came to be challenged before this ..... 438 of criminal procedure code are not applicable in relation to any case involving the arrest of any person on an accusation of having committed an offence punishable under the act. subsections (4) to (6) of section 21, which are relevant for the present purposes, need to be reproduced as under:'(4) notwithstanding anything contained in .....
Tag this Judgment!Court : Delhi
Decided on : Apr-22-2003
Reported in : 2003IVAD(Delhi)537; III(2003)BC185; 105(2003)DLT724; 2003(69)DRJ369
..... on 31.5.1947. on 26.11.1951, the appeal was decided in favor of the appellant on the condition that he paid the court fee on the amended relief of possession of the properties involved being sought in the suit. the court of first instance was also required to determine the value of the properties and fix ..... to allow the deficiency to be made good so that the controversy was heard on the merits rather than to throw out the appeal on this ground.'8. in indian statistical institute v. m/s. associated builders and others (supra), objections had been filed within limitation. necessary stamps were not affixed. the date of verification had also ..... ought to take a more lenient approach in dealing with it. the division bench though dealing with the question of condensation of delay under section 5 of the limitation act laid down, ' a golden rule for reconciliation of these conflicting considerations would be to use the discretion with common sense. extreme positions of either not condoning the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2003
Reported in : AIR2004SC280; [2004(1)JCR116(SC)]; JT2003(9)SC140; 2003(9)SCALE741; (2004)3SCC349
..... easily distinguishable from those coming underthe first two categories. such personsinterfere in things which do not concernthem. they masquerade as crusaders forjustice. they pretend to act in the nameof pro bono publico, though they have nointerest of the public or even of theirown to protect. they indulge in thepastime of meddling with ..... founded on personal vendetta. as indicated above, court must becareful to see that a body of persons or member ofpublic, who approaches the court is acting bona fideand not for personal gain or private motive orpolitical motivation or other oblique consideration.the court must not allow its process to be abused foroblique ..... personal grudge and enmity. courts of justice should not be allowed to be polluted by unscrupulous litigants by resorting to the extraordinary jurisdiction. a person acting bona fide and having sufficient interest in the proceeding of public interest litigation will alone have a locus standi and can approach the court to wipe .....
Tag this Judgment!Court : Orissa
Decided on : Sep-11-2003
Reported in : 2003(II)OLR452
..... the higher judiciary under the constitution casts on it a great obligation as the sentinel to defend the values of the constitution and the rights of indians. the courts must, therefore, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. it is precisely for this reason that ..... orissa mining corporation.10. learned advocate general for the state of orissa has supported the case of the petitioner. equally, ms. indira jayasingh, learned counsel for indian charge chrome limited also supported the case of the petitioner. she contended that while granting approval in favour of the tisco by its letter dated 17.8.1995, ..... a writ petition in this court being ojc no. 7729 of 1993. during pendency of the said writ petition in this court, some of the companies being indian charge chrome limited and jindal strips limited also preferred two writ petitions in this court being ojc no. 5422 of 1994 and ojc no. 7054 of 1994 respectively .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-2003
Reported in : (2004)ILLJ1006P& H; (2003)135PLR228
..... 12. the tests for determining whether an organisation is either (sic) has been recently considered by a constitution bench of this court in pradeep kumar biswas v. indian institute of chemical biology and ors., in which we said:'the question in each case would be whether in the light of the cumulative facts as established, the ..... has been filed by the petitioner challenging the order of termination passed by the governing body of jat education society which is merely a society under the societies act is not maintainable. it cannot be suggested that the said society or the school run by the society was a state or authority within the meaning of ..... appearing for respondents no. 1 to 3 has raised a preliminary objection that the government body of jat education society was a society registered under the societies registration act and was running educational institution without receiving any aid or grant from the government. on that basis, it has been submitted by shri hooda that the present .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-05-2003
Reported in : 2003(3)BLJR2228
..... that since not less than one-half of the state legislature had ratified the constitution (46th amendment) bill, 1981 in accordance with the provisions of the proviso to article 368(2) of the constitution of india, the constitution (46th amendment) act, 1982 is valid. the supreme court also observed that when the law creates a legal fiction ..... to the contract for supply of labour and services. the supreme court observed as under: 'keeping in view the legal fiction introduced by the forty-sixth amendment whereby the works contract which was entire and indivisible has been altered into a contract which is divisible into one for sale of goods and other for ..... is registered as a dealer in commercial tax at begusarai circle as a works contractor. the petitioner secured a turn key contract of divisible nature from m/s indian oil corporation limited, new delhi ('iocl' for short) vide letter of acceptance dated 28-4-2000 followed by detailed contract agreement. the said contract agreement provides a .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-20-2003
Reported in : (2003)181CTR(Guj)134
..... . clause (v)(b) of sub-section (1) of section 9, which came to be inserted with retrospective effect from 1-4-1982, by the taxation laws (amendment) act, 1984, laid down that the income by way of interest payable by a person who is resident shall be deemed to accrue or arise in india, except where the ..... . these blocks including those knocked down on to the beach are removed to the shore by winches.n auxilliary equipment of the prime mover machinery like diesel generator sets, boilers, air compressors, pumps, valves, etc., are dismantled and removed.n the main engine is dismantled in parts head, main block, piston, crankshaft and base. bigger chunks ..... it out of negligence or incapacity (see 'ships for scrap steel and toxic wastes for asia. the health and environment hazards in recipient states, fact-finding mission to the indian ship breaking yards in alang and bombay in october 1998' authors dipl. ing, judit kanthak, andreas berrstorff, published by green peace e.v. hamburg, germany).24.1. .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-18-2003
Reported in : RLW2003(4)Raj2177; 2003(3)WLC234
..... the petitioner and it is also submitted that this has prejudicially affected the rights of the petitioner for consideration of the petitioner against the writ quota. this amendment will also change the nature of the writ petition and the disputes which are necessarily required to be decided by the statutory appellate authority are raised by the ..... (5), wherein, after considering the judgments of the hon'ble supreme court, this court held categorically that 'it cannot be held that communicated acr cannot be acted upon unless it has attained finality.' this court held that if that be held then sub-rule 11b of rule 28-a will become redundant and judgment relied ..... rajasthan (4), held that cause of action for the petitioner to challenge the recommendations made by the d.p.c. can arise only when the state government acts upon such recommendations and issues an order in accordance with the recommendations to the prejudice of the petitioner and till then the petitioner cannot have any cause of .....
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