Court : Chennai
Decided on : Jun-18-2014
..... schools, the questions can be put to them only through signs and gestures and they would also answer by signs and gestures. 12.section 119 of the evidence act as amended by the parliament with effect from 15.03.2013 reads as under: ".119.a witness who is unable to speak may give his evidence in any other ..... independent research made by me i came to understand that only english has got codified international sign language for the mute. there is no such codified sign language for indian languages. dumb witnesses can be classified broadly into two categories viz., witnesses who are dumb; and witnesses who are deaf and dumb. these witnesses can be further ..... which interpreter stated that four persons are present in the court while one is not present. 27.another question was put to the witness how many times wrong act was committed with you and individual by each assailants. the interpreter made inquiry sign to which the prosecutrix gesture by raising three fingers firs.then two fingers and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-18-2014
..... to 2008-2009 and also directed the respondents not to precipitate the matter till the next date of hearing. however, the petitioners were given liberty to file applications for amendment and ordered to list the writ petitions on 15.04.2014. on 15.04.2014, the writ petitions filed in the year 2014 were listed along with writ petitions ..... observing that the enactment was passed in the year 1992 but the constitutional validity is challenged by the petitioners in the writ petitions 22 years after passing the said act in the year 2014 and that it is settled law that the initial presumption is that the statute passed by the state legislature or the parliament as valid unless ..... memo filed for posting ia-ii/2014 (vacating interim order). if the impugned order had been passed in an appeal filed under section 4 of the karnataka high court act, the matter would stand on a different footing. in our considered opinion, keeping in view the order made on 15.04.2014, the vacation bench entertaining a memo .....
Tag this Judgment!Court : Chennai
Decided on : Jun-19-2014
..... reproduction of the explanation to section 15(1) inserted under the wakf (amendment) act 1984. but the provisions of the wakf (amendment) act, 1984 could not be enforced, on account of very strong opposition. one of the opposition to the amendments proposed under the 1984 act was that the wakf board itself was made subordinate to the wakf commissioner ..... down of section 3 of the tamil nadu uniform system of school education (amendment) act, 2011 by the high court. it was contended before the supreme court that the 2011 amendment act had the effect of bringing back section 14 of the 2010 act which was earlier declared ultra vires by the high court. it is in ..... i. nelson vs. kallayam pastorate, (2006) 11 scc624 a suit came to be filed against a christian institution registered as a society under the name indian evangelical lutheran church alleging several irregularities and mismanagement under section 92 of the code of civil procedure on the file of the high court. the high court appointed .....
Tag this Judgment!Court : Chennai
Decided on : Jun-20-2014
..... such a tax is the residuary entry, i.e.entry 97 and though the constitution (88th amendment) act, 2003 came into being on 15.01.2004 by amending the vii schedule and by including entry 92-c ".taxes on services"., the said amendment is yet to be notified and therefore, the only source of power is entry 97 and the ..... of prohibition prohibiting the respondents from (a) giving effect to the provisions of section 65(90a) read with section 65(105)(zzzz) of the finance act, 1994 as amended by the finance act, 2007 and finance act, 2010 (b) levying or attempting to levy, collect or recover from the petitioner, any service tax under the said provisions and (c) levying ..... of 2011 are dismissed. 37 w.p.no.26459 of 2011 filed by indian railway catering and tourism corporation ltd.(irctc, for brevity) challenges section 65(90a) and 65(105)(zzzz) of the finance act, 1994, as amended by the finance act, 2010 and section 77 of the finance act, 2010. in view of the finding given by this court in paragraph .....
Tag this Judgment!Court : Chennai
Decided on : Jun-20-2014
..... third party victim (awardee) despite the fact that it was able to prove breach of a condition of the contract of insurance,the same should be done by an amendment to be made by the parliament to the existing provisions to alleviate the sufferings of the poor victims and till then the insurer should be held exonerated even towards satisfying ..... , after investigation, submitted a charge sheet against the first respondent accusing him of committing offences under sections 4(1)(j) of the tamil nadu prohibition act and sections 279 and 304-a of ipc.14. the above said oral and documentary evidence adduced on the side of the parties were found to be enough by the tribunal to prove that ..... p1, that a case was registered in crime no.157 of 2007 on the file of tiruttani police station against the first respondent for offences under sections 279 and 337 ipc. on the death of subramani, the case was altered by adding section 304-a and the copy of the alteration report has been marked as ex.p2. ex.p3, .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-20-2014
..... the counsel for the appellant18 the learned counsel for the appellant contended that subsequent to the decision in the suit, parliament had amended hindu succession act, 1956 by the hindu succession amendment act 39 of 2005 making daughters also coparceners and declaring them to be entitled to a share in the joint family properties; therefore the ..... had taken place immediately before his death, irrespective of whether he was entitled to claim partition or not. (4) after the commencement of the hindu succession (amendment) act, 2005, no court shall recognize any right to proceed against a son, grandson or great-grandson for the recovery of any debt due from his father, ..... be enforceable under the rule of pious obligation in the same manner and to the same extent as it would have been enforceable as if the hindu succession (amendment) act, 2005 had not been enacted. explanation.--for the purposes of clause (a), the expression ".son"., ".grandson". or ".great-grandson". shall be deemed to refer .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-20-2014
..... reads as under:- rule 46: forfeiture of service on resignation - (1) resignation from a service or a post entails forfeiture of past service. rule 67 of leave rules 1981 as amended in 2001 and applicable reads as under:- rule 67: leave beyond the date of compulsory retirement or quitting of service (1) . . . (2) . . . (3) ..... of a panchayat and was governed by service rules made by the state government. however, the respondent therein had applied to the controlling authority under the gratuity act, 1972 for payment of gratuity. the controlling authority therein without considering the fact that the respondent was an employee of the state and would be governed ..... by specific rules applied the provisions of gratuity act, 1972. it was in the above circumstances the court held that the orders of the controlling authority is without jurisdiction. to the same effect as the .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-23-2014
..... to implement the settlement referred to above. through order dated 05.03.1997, this court directed the respondent bank to implement the terms of the settlement as amended from time to time. when the petitioner and other workmen were under the bona fide impression that the directions of this court in w.p.no.4194 of ..... them salaries of regular employees, as these are purely executive functions. in other words, court cannot arrogate to itself the powers of the executive or legislature. (see indian drugs & pharmaceuticals ltd., 33 supra). even assuming that that the workmen had worked 240 days continuously, yet he cannot claim that his services should be continued because the ..... in response to a reference, dt.18.09.2001, from the ministry of labour, government of india, under section 10(1)(d) of the industrial disputes act, 1947 (the act, for brevity). since the issue is common in all the writ petitions involving similarly placed workmen on one hand and a nationalised bank on the other, under .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Jun-23-2014
..... learned joint civil judge senior division, amravati, preferred this petition impugning the order passed by the trial court permitting the respondents/plaintiffs to carry out the amendment in the plaint. 3. the facts of the case are, thus: special civil suit no.133 of 2013 was instituted by the respondents/plaintiffs against ..... the court of judicial magistrate first class, amravati, on 5.12.2011, for the offences punishable under sections 294, 384, 420 and 448 of the indian penal code read with with section 341 of the criminal procedure code by adopting false and fabricated version and making defamatory allegations against the respondents/plaintiffs. thus, on ..... the respondents/plaintiffs. in the result, the respondents/plaintiffs were required to incur huge expenditure for defending themselves and to save their reputation due to the acts of the petitioner/defendant involving them in false and malicious proceedings and causing huge loss, which cannot be compensated in terms of money. 5. the .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-23-2014
..... learned joint civil judge senior division, amravati, preferred this petition impugning the order passed by the trial court permitting the respondents/plaintiffs to carry out the amendment in the plaint. 3. the facts of the case are, thus: special civil suit no.133 of 2013 was instituted by the respondents/plaintiffs against ..... the court of judicial magistrate first class, amravati, on 5.12.2011, for the offences punishable under sections 294, 384, 420 and 448 of the indian penal code read with with section 341 of the criminal procedure code by adopting false and fabricated version and making defamatory allegations against the respondents/plaintiffs. thus, on ..... the respondents/plaintiffs. in the result, the respondents/plaintiffs were required to incur huge expenditure for defending themselves and to save their reputation due to the acts of the petitioner/defendant involving them in false and malicious proceedings and causing huge loss, which cannot be compensated in terms of money. 5. the .....
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