Court : Andhra Pradesh
Decided on : Dec-31-2014
..... through pa holder v rahul kumar agarwal , wherein it was held thus (para 7): it may be true that a statutory amendment of a rather cognate provision, like section 115 of the civil procedure code by the civil procedure code (amendment) act, 1999 does not and cannot cut down the ambit of high court 's power under article 227. at the same time, ..... . there is no recital in the deed of second firm that it was reconstituted in pursuance of first firm or first firm was dissolved. section 91 of the indian evidence act, 1872 reads thus:91. evidence of terms of contracts, grants and other dispositions of property reduced to form of document:- when the terms of a contract, or ..... regn.no.659/89, the petitioner herein is not admittedly a partner and that firm has not been dissolved in terms of section 63 of the indian partnership act, 1932 (for short the partnership act), that the firm bearing regn.no.4680/92 is constituted for specific purpose and for developing only one property, , that the o.p. under .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-30-2014
..... or serving the notices and all other matters connected therewith shall be such as may be prescribed. the tribunal may for valid and sufficient reasons permit the tenant to amend the application. (4) where no objection is filed, the tribunal may, after such verification as it considers necessary, by order either grant or reject the application." ..... to all the parties who are interested in the subject matter of the case and decide the case in accordance with the relevant provisions of the land reforms act and rules as expeditiously as possible, as the matter pertains to the year 1982. 7. the appellants and respondents are permitted to adduce their oral and ..... stood in the name of mariyappa and had given application to change the name. the tribunal without making proper enquiry as contemplated under section 48a of the act, by cryptic order has confirmed occupancy right in respect of three items of the land. nadikerappa having played fraud by suppressing material facts while filing form no .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-30-2014
..... held that the scheme of the provisions under section 163a and 166 are distinct and separate.19. where in chapter xi, section 158(6) is also by the amended act,54/1994 incorporated of the information regarding accident involving the death or bodily injury recorded or report contemplated by a police officer in charge of a police station. sub- ..... to under section 140 or 163a or 166 concerned, it is by virtue of incorporation of section 166(4) by the amended act that, the tribunal shall treat the report as an application for compensation under this act and not specifically under section 166 it is only to take as is appropriate, to say even it is hit and run ..... liability, as maintainability of claim is one thing proved or not proved or disproved as contemplated by the general principles and as defined in section 3 of the indian evidence act is other thing. leave apart, even in case of negligence of the victim once claim is maintainable under section 163-a to plead and prove, there is .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Dec-24-2014
..... the rights of the opposite party, muchless changes the cause of action. however, that liberal approach is curtailed by taking away the right once trial commenced by amended act 46/99. it is no doubt with a liberal approach to be required as procedural law is the hand maid and not mistress of justice, there was a further ..... amendment that was proposed and ultimately came into force by amended act 22/2002 with effect from 01.07.2002 introducing the proviso to permit amendment which could not be sought before commencement of trial despite due diligence. for more clarity, the order ..... the matter before the commencement of trial. this is the important rider required to be satisfied, no doubt in other respects, the law existing prior to the amendment by acts 46/99 and 22/2002 comes to the aid of the court if that condition is satisfied. it was the interpretation initially laid down by the apex court .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-24-2014
..... the person in his lifetime, may amount to forgery. [note: the words `digital signature' wherever it occurs were substituted by the words `electronic signature' by amendment act 10 of 2009]. 13. the condition precedent for an offence under sections 467 and 471 is forgery. the condition precedent for forgery is making a false document ( ..... the present case. i may now consider whether the allegations in the complaint make out a case of 'criminal breach of trust' as defined under section 405 of ipc. the section reads as follows :- "405. criminal breach of trust.--whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly ..... the second is the misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. therefore, in relation to the offence under section 405 ipc, the first ingredient that needs to be established is "entrustment". in common cause v/s. union of india, reported in (1999)6 scc 667, the supreme .....
Tag this Judgment!Court : Gujarat
Decided on : Dec-24-2014
..... the person in his lifetime, may amount to forgery. [note: the words `digital signature' wherever it occurs were substituted by the words `electronic signature' by amendment act 10 of 2009]. 13. the condition precedent for an offence under sections 467 and 471 is forgery. the condition precedent for forgery is making a false document ( ..... the present case. i may now consider whether the allegations in the complaint make out a case of 'criminal breach of trust' as defined under section 405 of ipc. the section reads as follows :- "405. criminal breach of trust.--whoever, being in any manner entrusted with property, or with any dominion over property, dishonestly ..... the second is the misappropriation or dealing with the property dishonestly and contrary to the terms of the obligation created. therefore, in relation to the offence under section 405 ipc, the first ingredient that needs to be established is "entrustment". in common cause v/s. union of india, reported in (1999)6 scc 667, the supreme .....
Tag this Judgment!Court : Delhi
Decided on : Dec-24-2014
..... .; 1994 1 scc648(hereinafter referred to as malaprabha i ). the entire batch of cases was disposed of by the supreme court directing the government of india to amend the notifications taking into account the liability of the manufacturers under clause 5-a of the sugarcane (control) order, 1966 as regards cane price as well as ..... that after the order dated 28.01.1997 passed in malaprabha-ii, contempt petition no.400-401/1998 came to be filed before the supreme court by indian sugar mills association alleging noncompliance of the directions of the supreme court in malaprabha i and malaprabha ii. pending the said proceedings, levy sugar prices for the ..... the factors mentioned in section 3 (3c) of the ec act, 1955. in pursuance thereof, sugar (price determination for 197475 production) amendment order, 1975 was issued by the government of india by notification dated 22.02.1995 amending the earlier order and refixing the levy sugar prices. the said notification was again challenged .....
Tag this Judgment!Court : Delhi
Decided on : Dec-24-2014
..... .; 1994 1 scc648(hereinafter referred to as malaprabha i ). the entire batch of cases was disposed of by the supreme court directing the government of india to amend the notifications taking into account the liability of the manufacturers under clause 5-a of the sugarcane (control) order, 1966 as regards cane price as well as ..... that after the order dated 28.01.1997 passed in malaprabha-ii, contempt petition no.400-401/1998 came to be filed before the supreme court by indian sugar mills association alleging noncompliance of the directions of the supreme court in malaprabha i and malaprabha ii. pending the said proceedings, levy sugar prices for the ..... the factors mentioned in section 3 (3c) of the ec act, 1955. in pursuance thereof, sugar (price determination for 197475 production) amendment order, 1975 was issued by the government of india by notification dated 22.02.1995 amending the earlier order and refixing the levy sugar prices. the said notification was again challenged .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-24-2014
..... required to file the suit within the period of limitation specified there-for. furthermore, the learned counsel would urge that in terms of section 46a of the indian railways act, the judgment of the tribunal being final, the starting period of limitation for filing the suit would be three years from the said date. strong reliance ..... thereof, the same be quashed and set aside. 3. it is the case of the petitioner that it is a private limited company registered and incorporated under indian companies act, 1956. it is engaged inter alia in the business of operation of duty free shops at airports and seaports in india. the petitioner is running duty ..... aforesaid three judgments do support the argument of shri. ranjit kumar that even though section 5 of the limitation act cannot be invoked for condonation of delay in filing an appeal under the act because that would tantamount to amendment of the legislative mandate by which the special period of limitation has been prescribed, section 14 can be .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-23-2014
..... interpreted by reference to the provisions in another statute. 39. dr. tulzapurkar drew our attention to the reports of the committees constituted to make recommendations to amend the act of 1940. he pointed out that the shavaksha committee was of the opinion that the words "if valid" should not be included so that the ..... case of milment oftho industries v. allergan inc.(2004 (28) ptc 585 (sc) needs to be noted in detail: (i) the appellant (milment) is an indian pharmaceutical company. the respondent (allergan inc.) is a pharmaceutical company manufacturing products in several countries. allergan filed a suit for injunction based on an action for passing off ..... , who is registered proprietor, even if this court finds that the adoption of the plaintiff's trademark is fraudulent or deceptive. 16. the effect on the indian economy of the liberalization, privatization and globalization cannot be totally ignored. at the same time, it also cannot be ignored that due to technological advancement, the .....
Tag this Judgment!