Court : Mumbai Nagpur
Decided on : Sep-11-2014
..... (appear). no evidence can be led to interpret or explain those entries. synonimity is no excuse. not permissible for state government/court to modify; amend; alter entries as they are to be read as they are. no inquiry at all is permissible and no evidence can be let in; to ..... mannewarlsmunnurwar/mannewar/munnarwar.6. halba/halbikoshti/halba koshti. 9. mah. sc, st, dt, nt, obc and sbc (regulation of issuance and verification) caste certificate act, 2001 and the rules framed thereunder prescribe offences/penalties for fraudulent claims and for false caste certificate or information. the rules require supporting affidavit details vide form ..... certificate of posting to her residential address. the decision by the competent authority/preferably by the scrutiny committee constituted under the rules framed under the act and rules consisting the divisional commissioner etc., its officials in amravati division through its backward class section be taken expeditiously, preferably within four months .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-11-2014
..... the commission shall be to study and monitor all matters relating to the constitutional and legal safeguards provided for women, to review the existing legislations and suggest amendments, wherever necessary. it will also look into the complaints and take suo moto notice of the cases involving deprivation of the rights of women in order to ..... no.2 filed a criminal complaint against seven employees of the petitioner under sections 354, 509, 34 read with sections 188, 500, 503 and 506 of the indian penal code. on 9th august 2007 four of these seven accused persons filed writ petition no.1445 of 2007 for quashing the said complaint. 9. the petitioners ..... challenge in the present petition is restricted to the scope of proceedings before respondent no.1 and the petitioner's contention that respondent no.1 had been acting illegally and arbitrarily including by conducting hearing without notice to the petitioner and that respondent no.1 had no power to adjudicate the claims between the individual .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-16-2014
..... that is before the coming into force of the bombay rent, hotel and lodging house rates control, bombay land requisition and the bombay government premises (eviction) (amendment) act, 1996; 7(4) "legal representative" means a legal representative as defined in the code of civil procedure, 1908, and includes also, in the case ..... construing the indian contract act, 1872 which defines and amends certain parts of the law relating to contracts; and for construing the arbitration act, 1940, which is an act to consolidate and amend the law relating to arbitration. it may here be mentioned that observation ..... lord herschell with reference to codifying statutes can be usefully applied to a consolidating and amending statute. the supreme court has applied the said rule for construing the indian incometax act, 1922, which was an act to consolidate and amend the law relating to incometax and supertax. the rule has also been applied for .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-25-2014
..... to exercise the discretionary power under the proviso of section 376 (2) of ipc. 23. it is imperative to mention that the legislature through the criminal law (amendment) act, 2013 has deleted this proviso in the wake of increasing crimes against women. though, the said amendment will not come in the way of exercising discretion in this case, on perusal ..... case no. 261/13 registered by police station, petlawad, distt. jhabua for offence under sections 342, 366,450, 376 (gha), 506 of the ipc and section 25-b of the arms act. 2. counsel for the applicants has vehemently urged the fact that although this was second application moved on behalf of the applicants, the case was ..... the minimum prescribed. 24. this is yet another opportunity to inform the subordinate courts and the high courts that despite stringent provisions of rape under section 376 of ipc, many courts in the past have taken a softer view while awarding sentence for such a heinous crime. this court has in the past noticed that few .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-02-2014
..... in that behalf is well explicit from the amended section 6 of hindu succession act. besides, it is submitted that in terms of section 82 of the madhya bharat land revenue and tenancy act, samwat, 2007, the suit property left behind by chinku shall devolve upon his widow as the class i heir as ..... chinku on the premise that in terms of hindu succession act, 1956, she is entitled for 1/3 share in view of the amendment brought in the hindu succession act stating that the aforesaid amendment is retrospective in nature. on the other hand, it is submitted that amendment brought in section 6 of hindu succession act, 1956 does not have retrospective operation and the intention legislature .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2014
..... of the order of assessment annexure 'a' or demand notice annexure 'b' in these writ petitions. the petitioner has also not questioned the validity of finance act, 2012 or the amendment to section 9(l)(vi) whereby, explanations 5 and 6 have been inserted. the petitioner's main grievance and the relief sought is against the limited stay ..... caters to such contingency, but first of all, the question is whether dtaa caters to all situations and all issues that are covered by the income tax act or amendments made by the parliament. the sovereign power of the parliament extends not only to the making but also breaking a treaty. unilateral cancellation of tax treaty through an ..... ptv ltd., vs. income tax officer (2013) 39 taxmann.com 70 (madras) wherein the bench of the madras high court held as follows: 'payments made by the indian payer to nto is 'royalty' fcr services rendered by the nto.' he submits the dictum in the said decision answers all questions raised by the petitioner and therefore the .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-2014
..... of the order of assessment annexure 'a' or demand notice annexure 'b' in these writ petitions. the petitioner has also not questioned the validity of finance act, 2012 or the amendment to section 9(l)(vi) whereby, explanations 5 and 6 have been inserted. the petitioner's main grievance and the relief sought is against the limited stay ..... caters to such contingency, but first of all, the question is whether dtaa caters to all situations and all issues that are covered by the income tax act or amendments made by the parliament. the sovereign power of the parliament extends not only to the making but also breaking a treaty. unilateral cancellation of tax treaty through an ..... ptv ltd., vs. income tax officer (2013) 39 taxmann.com 70 (madras) wherein the bench of the madras high court held as follows: 'payments made by the indian payer to nto is 'royalty' fcr services rendered by the nto.' he submits the dictum in the said decision answers all questions raised by the petitioner and therefore the .....
Tag this Judgment!Court : Mumbai Goa
Decided on : May-09-2014
..... covered. both owner of the goods as well as the authorised representative of the owner of the goods are now covered in view of the amended provision of section 147(1) of the m. v. act. 28. the insurance policy at exhibit 87 is a goods carrying (other than 3-wh) public carriers package policy and the liability of ..... company was not liable. the above case is not applicable to the facts of the present case as here the matter pertains to the provisions of section 147, after its amendment. (d) in the case of m. v. jayadevappa and another? (supra), it was the contention of owner of the vehicle that his said vehicle was a passenger ..... 721] (vi) new india assurance company ltd vs. vedwati and others,[2007 acj 1043]. (vii) national insurance company ltd vs. rattani and others, [2009 acj 925] (viii) new indian assurance company ltd vs. laxmi rama padsalgi and others, [2010 acj 1041] 13. learned counsel appearing on behalf of respondent no. 2 further submitted that the evidence on record clearly .....
Tag this Judgment!Court : Mumbai Goa
Decided on : Apr-28-2014
..... the respondents specifically made a statement that the respondents do not wish to lead any evidence. first information report was lodged for offence under section 279 and 304-a of indian penal code against the respondent no. 1. no one alleged before the tribunal that the f.i.r. against the respondent no. 1 was wrongly registered. the ..... 1, however, the respondents no. 1 and 2 could defeat the claim of compensation made by the claimants by establishing that the accident in question had occurred due to wrongful act, neglect or default of the deceased himself. 16. the first question, therefore, which arises for determination is whether the respondents no. 1 and 2 proved that the accident ..... cause title accordingly to show respondent no. 1 as deceased and being represented by the respondent no. 2 as the legal representative. amendment shall be carried out forthwith. 4. the appellants were the respondents no. 1 and 2 being the driver and owner of the offending vehicle whereas respondents nos. .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-25-2014
..... be seen, has observed that the defence raised by the defendant should be such that raises a serious dispute over the plaintiffs title, then there is a need to amend the suit for declaration. alternatively, he may withdraw the suit for bare injunction, with permission of the court to file a comprehensive suit for declaration and injunction. the ..... details of the right or title claimed by him, which raises a serious dispute or cloud over plaintiff's title, then there is a need for the plaintiff, to amend the plaint and convert the suit into one for declaration. alternatively, he may withdraw the suit for bare injunction, with permission of the court to file a comprehensive ..... full bench has observed in paragraph 47 of the said judgmnet that the word licencee has been used by the legislature in the pscc act in the general sense of the term as defined in the indian easement act. as indicated abve the issue before the full bench was not as to who is a gratuitous licencee. in my view therefore, .....
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