Court : Mumbai Goa
Decided on : Apr-23-2014
..... will have to be proved and this will have to be done under the indian evidence act. he further urged that the averments already made in the election petition were within the framework of law and the respondent no. 1, by way of amendment, has only elaborated the facts. learned counsel submitted that the respondent no. ..... is clear that amendment of the election petition in the present case was permissible and was governed by order 6 rule 17 of c.p.c. 10. in the case of sonia gandhi? (supra), admittedly, the respondent-sonia had acquired indian citizenship by registration under section 5(1)(c) of the citizenship act and the validity(correctness ..... mohammed mohd. raza? (supra), the point for consideration was whether an election petition under section 33 of the mumbai municipal corporation act 1888 (the act) can be permitted to be amended. an application for amendment of the election petition was filed on the ground that during the pendency of the election petition, the petitioner came to know .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Jan-31-2014
..... in the shape of the photo-stat copy and this court did not perceive any error in the said analysis.? 21. section 65(a) and (c) of the indian evidence act provide as under : 65. cases in which secondary evidence relating to documents may be given- secondary evidence may be given of the existence, condition or contents of a ..... dube (1975)4 scc 664, wherein it has been held that : (scc p.666, para 7) '7.... according to clause (a) of section 65 of the indian evidence act, secondary evidence may be given of the existence, condition or contents of a document when the original is shown or appears to be in the possession or power of the ..... such documents that the law relating to proof of documents by secondary evidence is specifically enacted. 57. it may be mentioned that under section 65(c) of the indian evidence act when an original document has been destroyed or lost and cannot be produced within a reasonable time, secondary evidence of its contents is admissible. the cross examination of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata
Decided on : Jan-03-2014
..... dated 23.09.2011 in case of home solution retail india ltd. vs. union of india: 2011 (24) s.t.r. 129 (del.) upheld the retrospective amendment. subsequently the matter was challenged before the honble supreme court and honble supreme court has passed an interim order. in view of these various judgments board vide its mf ..... of service tax. 5.4.it is further observed that adjudicating commissioner has not imposed any separate penalty under section 76, 77 and 78 of the finance act, 1994. composite penalty under different provisions of the statute is impermissible as held by this tribunal in the case of commissioner of central excise, coimbatore vs. precot ..... property for use in the course or furtherance of business of commerce would by itself constitute a taxable service and be exigible to service tax under the said act. the obvious consequence of this finding is that the interpretation placed by the impugned notification and circular on the said provision is not correct. consequently, the .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : May-09-2014
..... challenged before this tribunal and the same was allowed on the grounds that there was no proof of the delivery of the order and that the leave rules as amended w.e.f. 30.10.2004 would not have retrospective effect and stood to prejudicially affect the interest of the applicant. the respondents challenged the tribunals order before ..... in the facts and circumstances of the present case. 3. the case of the applicant, in very brief, is that he is an officer of 1989 batch of the indian forest service allocated to tripura cadre. during the course of his service, the applicant was kidnapped and sustained gun- shot injuries in his chest by the terrorist of the ..... 08.2007 was issued. on the same date, a communication was received from the applicant indicating his willingness to join his duties and requesting the respondent no.2 to act accordingly. when the applicant failed to join his duties, a show cause was issued to the applicant with a direction to join his parent cadre within thirty days .....
Tag this Judgment!Court : Allahabad
Decided on : May-29-2014
..... the aforesaid, it is essential for the court to consider the meaning of "undisclosed income" as defined under section 158b(b) of the income tax act as amended by the finance act, 2002 with effect from 01.07.1995. for facility, the said provision is extracted hereunder: "158b(b) where returns of income have been filed ..... but assessments have not been made till the date of search or requisition, on the basis of the income disclosed in such returns." 17. the finance act, 2002, while amending the definition of "undisclosed income" in section 158b, specially included income based on entries in books of account or other documents which represents a false claim ..... of section 158 b(b) relating to "undisclosed income" has undergone a change by the finance act, 2002, which has amended the provision with retrospective effect from 01.07.1995. the learned counsel further submitted that the finance act has amended section 158 b(b) to clarify that block assessment of "undisclosed income" is based on the .....
Tag this Judgment!Court : Allahabad
Decided on : May-21-2014
..... following directions: '4. approvals under sub-clauses (vi) and (via) of section 10(23c) are governed by the procedure contained in rule 2ca. rule 2ca was amended w.e.f. 1.12.2006, inter alia by substitution of the existing sub-rule 3 by a new provision which is reproduced below: "(3) the approval of the ..... assessment years." read in isolation, without any further guidance as was given by way of explanatory notes to finance act, 2006 in respect of amendment of sub-clauses (iv) and (v) of section 10(23c), the above amendment leaves some scope for doubt about the period of validity of the approval under section 10(23c)(vi) and (via ..... petitioner and sri shambhu chopra, the learned counsel appearing for the chief commissioner of income tax. 2. the petitioner is a society registered under the societies registration act, 1860 and is providing education by setting up centres for educational excellence and schools under the name and style of "the sunbeam academy educational society". initially the .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Apr-09-2014
..... remanded so that accurate map/plan is brought on record of the case, on the basis of which the court may draw presumption in view of section 83 of the indian evidence act, 1872. thus, if map/plan drawn by a competent official such as the taluka inspector of land records or the district inspector of land records or the competent surveyor ..... appeal by setting aside the impugned judgments and orders passed by the first appellate court and the trial court with further direction to the trial court to allow opportunity of amending the plaint to the plaintiff so as to comply with order vii rule 3 of the code of civil procedure and to allow the parties to lead further evidence as .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-2014
..... a view to curb menace of the litigation being prolonged felt necessity to circumvent same. and with a view to achieve this object, amended c.p.c. vide code of civil procedure (amendment) act, 2002 adding proviso to order 6 rule 17 of the code. 9. on bare perusal of this proviso, it is evident that ..... evoked much controversy/hesitation all over the country and also leading to boycott of courts and therefore, by the civil procedure code (amendment) act, 2002, provision has been restored by recognising the power of the court to grant amendment, however, with certain limitation which is contained in the new proviso added to the rule. the details furnished below will ..... his pleadings. 42. it is to be noted that the provisions of order 6 rule 17 cpc have been substantially amended by the cpc (amendment) act, 2002. 43. under the proviso no application for amendment shall be allowed after the trial has commenced, unless in spite of due diligence the matter could not be raised before the commencement .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-26-2014
..... the petitioners seek to treat the concept of an easement and a licence as being synonymous. they are not. an "easement" is defined under section 4 of the indian easements act, 1882, thus : "4. "easement" defined - an easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment ..... it is contended that the provision of law, under which the suit was valued was incorrectly stated and was sought to be corrected by recourse to the amendment application,, which has been unfairly rejected thereby seeking to pin the petitioners to a position which is divorced from the actual position. it is emphasized that the ..... and had also allowed in part, the application seeking rejection of the plaint, filed by the respondents and had rejected the application filed by the petitioners seeking amendment. the petitioners being aggrieved have filed these petitions against the common order passed by the trial court. 3. the learned counsel shri p.d.surana, appearing .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-20-2014
..... of class rooms, halls and laboratory for conducting educational facilities. it is stated that this facilities was available in the institute but after the regulation was amended in the year 2007, the increased facilities as required was available but on the garb of the institute having no building of its own, the impugned ..... argue that the action is unsustainable, however when a question was put to him as on date the amended regulations are applicable and the institution is not functioning, therefore, they should comply with the requirements of ncte act and regulations framed thereunder. shri kishore shrivastava, learned senior counsel submits that in view of the provisions ..... have fulfilled the statutory requirements and it has been held by the supreme court that until and unless the requirements as provided for under the ncte act and regulations framed thereunder are not fulfilled and the inspection done by the council to verify the same no permission should be granted to any institute .....
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