Court : Chhattisgarh
Decided on : Jan-21-2014
..... of the deceased respondent no.3 (a) along with i.a. no.08 which is an application under section 5 of the indian limitation act for condonation of delay. these applications were supported by the affidavit of appellant no.2. later on, the appellant again filed an ..... 5. subsequently the appellant no.2 filed i.a. no.3 which is an application u/o 6 r 17 of cpc seeking amendment in the memo of appeal to the extent of deleting the name of appellant no.1 who had since expired. on due consideration, ..... the said application was allowed and the amendment permitted to be carried out to the extent of deleting the name of appellant no.1. in between, the appellant had also ..... legal representatives of deceased respondent nos. 2, 3 (a) and 5 and i.a no.08, application under section 5 of indian limitation act for condonation of delay in filing the application u/o 22 r 4 of cpc. 2. notices on these applications were directed to .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-2014
..... legal holding body of the movable and immovable properties of the csi. csita was registered in september, 1974 under section 26 of the indian companies act 1913 (now section 25 of the indian companies act, 1956), as a religious and charitable company, which has no business character and with no profit motive. the properties of the churches ..... participation. the plaint originally filed and the documents enclosed along with the plaint were sufficient to grant leave. since the provision of law was correctly quoted, the amendment was only a formal one without changing the nature of suit. ............ 30.on behalf of the appellants, it was then contended that the single judge erred ..... there was no prayer originally for accounting, removal of appellants from the trusteeships and to settle a scheme for administration of the trust. by way of the amendment, the respondents 1 and 2 incorporated those three prayers. except this, no other changes were made in the plaint.28. as pointed out above, the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-21-2014
..... documents were relied upon by either parties.13. as rightly pointed out by the learned counsel for the appellants, after the tamil nadu amendment to section 17(1a) of the registration act by act 48 of 2001 on 24.09.2001, the agreement for sale evidencing part performance by handing over possession has to be registered to seek ..... any findings as to the existence of prima facie case, balance of convenience or irreparable loss. the learned counsel further contended in view of the amendment to section 17 (1a) of the registration act by tamil nadu act 48 of 2001 on 24.09.2001, for enforcing a right under section 53a of the transfer of property ..... judgment reported in air1995madras172[mrs.vasundara bhalla & others vs. haridas bhagat and company private limited]., the protection given under section 53 a of the transfer of property act is based on equity and cannot be used as an embargo to prevent the owner from alienating the property. admittedly, the agreement is not registered. however, from the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... . by judgment dated 29.09.2001, the designated tada court, mysore convicted the accused persons for the offence punishable under tada as well as ipc and the arms act and sentenced them inter alia to undergo rigorous imprisonment for life.119) all the accused persons preferred criminal appeal being nos. 149-150 of 2002 ..... on united nations resolution against execution of death sentence, debate of the general assembly, the decisions of international court of justice, treaties, european conventions, 8th amendment in the united states which prohibits execution of death sentence on an insane person. in view of the well established laws both at national as well as ..... imposed on, the accused. in doing so, the president does not amend or modify or supersede the judicial record. the judicial record remains intact, and undisturbed. the president acts in a wholly different plane from that in which the court acted. he acts under a constitutional power, the nature of which is entirely different from the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2014
..... , eluru requires any interference in this revision ?. the learned counsel appearing for the petitioner would contend that after introduction of section 53a of cr.p.c., (amendment act, 2005).a police officer not below the rank of sub inspector can request the medical officer to conduct examination of the accused person and can use such force ..... stage, the petitioner/de facto complainant filed a petition before the trial court under sections 53a and 164 of cr.p.c., r/w. section 45 of indian evidence act, seeking second dna test. according to the de facto complainant, the said petition was not received by the learned assistant sessions judge and she filed a criminal ..... de facto complainant filed a petition before the learned assistant sessions judge under sections 53a, 164-a of cr.p.c., r/w. section 45 of the indian evidence act for again collecting blood samples of the respondent/accused and the minor boy for the purpose of sending them for second dna test to another forensic science laboratory .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-2014
..... adverse possession, more so because the land in question had in fact been acquired by chief commissioner of delhi under section 3 of the resettlement of displaced persons (land acquisition) act, 1948 vide notification dated 30.12.1950. (ii) the original plaintiff sh. ram chander had no locus standi to file the suit inasmuch as, other legal heirs of sh ..... it has been further laid down by the hon ble supreme court of india that: needless to record that the courts shall have to be cautious and must always act with great circumspection in dealing with the claims for letting in additional evidence particularly in the form of oral evidence at the appellate stage and that too, after a ..... of the appellant in accordance with the provisions of order 14 rule 5 cpc which deals with the power to amend and strike out the issues and it provides that the court may at any time before passing a decree amend the issues or frame additional issues on such terms as it thinks fit. it also provides that the court .....
Tag this Judgment!Court : Delhi
Decided on : Jan-22-2014
..... the statute and approve and/ or carry out constructions maintaining the ratio of residential housing and commercial construction as provided by the amended act being 3% of the total built up area or 5000 sq. feet which ever is higher (now in post 2010 period) or 5% of the aggregate built up area or ..... the assessee is not expected to do or to fulfil the conditions which are not in existence at the relevant point of time or made compulsory after making some amendment in the act from the future date. since the assessee was to complete the project on or before 31-3-2009 and request was duly made with the competent authority on 5 ..... the relevant time i.e. on 16.03.2005 when the approval was granted the provision of section 80ib read as follows: section 80-ib(10) prior to the amendment of 1.4.2005: sub s. by finance (no.2) act, 2004 (23 of 2004), sec. 18(d), for sub-section (10) w.e.f. 1-4-2005). earlier subsection (10) was .....
Tag this Judgment!Court : Armed forces Tribunal AFT Regional Bench Kochi
Decided on : Jan-22-2014
..... promise to put them on reserve liability to serve, if required, in the reserves so as to make them eligible for being transferred into indian fleet reserves under relevant regulations. the amendments carried out to the regulations for the navy were hence not prejudicial to the applicants. 36. the learned counsel for the applicants had ..... of 10 years followed by liability to remain 10 years in fleet reserve. he further submitted that under section 14 of the navy act, sailors shall be liable to serve the indian navy or the indian naval reserve forces, as the case may be, until they are duly discharged, dismissed with disgrace, retired, permitted to resign, or ..... 19a and 19b of the navy act, 1957 provisions still exist for indian naval reserve force and hence practice of keeping sailors in fleet reserve on completion of their engagement is very much in force. in his view, therefore, the denial of fleet reserve benefits to the applicants by amending regulation 269 of navy regulations, part .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-22-2014
..... share subscription agreement and submits that part i is thus explicitly excluded except section 9 and thus the law governing the arbitration in no case would be indian arbitration act except section 9. it is submitted that judgment of supreme court in case of national thermal power corporation (supra) would squarely apply to the facts ..... international arbitration centre in accordance with the singapore international arbitration rules which rules are deemed to be incorporated by reference into this clause and as may be amended by the rest of this clause. clause 16.1.2 provides that the seat of arbitration shall be singapore. clause 16.4 provided that except section ..... and/or modify the interim award. the emergency arbitrator gave direction that the hearing would proceed as scheduled. on 27th july, 2012, the emergency arbitrator passed amendment to the interim award sha and ssa award based on subsequent events and granted further reliefs to the petitioner. (w) on 30th july, 2012, the petitioner .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-22-2014
..... when a document is admitted, no court including the appellate court has jurisdiction to reopen the issue of admission of such document. reliance was placed on section 36 of the indian stamp act in support of such proposition. in shyamal kumar roy, supreme court considered the contention to reopen issue of admissibility of a document where initially no such objection was raised .....
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