Court : Supreme Court of India
Decided on : Sep-26-2005
Reported in : AIR2005SC3654; 2005(6)ALD23(SC); 2005(4)AWC3803(SC); (SCSuppl)2006(2)CHN4; 100(2005)CLT741(SC); [2005(4)JCR230(SC)]; JT2005(8)SC537; (2006)142PLR172; 2005(7)SCALE503; (2005
..... the proportions of a full blown suit although a suit there shall not be put a trial on evidence in the execution court itself on the basis of the 1976 amendments of the code.'in support of the appeals, learned counsel for the appellant submitted that a new dimension has been given by the division bench. admittedly, respondent no. 1 does ..... affidavits to say that the transfer, if any, made by ashok to the company is of a fraudulent transfer which is voidable under section 53 of the transfer of property act and thereafter, the flats can be sold here and now even if these seem to be in the ostensible occupation, possession or tenancy of the incorporated company.our order and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2005
Reported in : AIR2005SC4256; (2005)6CompLJ158(SC); JT2005(8)SC588; (2006)1SCC1
..... , it was found that the provisions of the said act were not adequate and, thus, in order to consolidate the law relating to forest, the transit of forest produce ..... above, it can be seen that scheme of 1927 act is a state management and regulation of the forest. on the assumption that local communities were incapable of scientific management of forest, the british government introduced forest policy and management by setting up a forest department and enacting the indian forest act, 1878 which was amended from time to time. by passage of time .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2005
Reported in : 101(2006)CLT160(SC); [2005(107)FLR729]; JT2005(12)SC242; (2005)8SCC264; 2006(1)SLJ1(SC)
..... in state of himachal pradesh and ors. v. gujarat ambuja cement ltd. and anr., : air2005sc3836.10. except for a period when article 226 was amended by the constitution (42nd amendment) act, 1976, the power relating to alternative remedy has been considered to be a rule of self imposed limitation. it is essentially a rule of policy, convenience ..... of haryana, : air2002sc3385 , and g.k.n. driveshafts (india) ltd. v. income tax officer and ors., : [2002]257itr702(delhi). 13. in harbans lal sahnia v. indian oil corporation ltd., : air2003sc2120 , this court held that the rule of exclusion of writ jurisdiction by availability of alternative remedy is a rule of discretion and not one of compulsion ..... expressed by this court in first income-tax officer, salem v. short brothers (p) ltd., : [1966]60itr83(sc) and state of u.p. and ors. v. indian hume pipe co. ltd., : (1977)2scc724. that being the position, we do not consider the high court's judgment to be vulnerable on the ground that alternative remedy .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-26-2005
Reported in : AIR2006P& H124; 2006(3)ARBLR201(P& H); (2006)142PLR423
..... shall state reasons for the amounts awarded. save as aforesaid and/or otherwise provided in the contract, the arbitration shall be conducted in accordance with the provisions of the indian arbitration act, 1940 or any statutory modification or enactment thereof and shall be held at such place and time in india as the committee of arbitrators may determine.neither party shall be ..... arbitrator, chairman of the committee, will be chosen jointly by the two nominees from a panel of five candidates supplied by the executive committee of the indian roads congress and that he will not act as an umpire. it also contemplates that if either of the parties fail to appoint its arbitrator or fail to agree on third nominee within sixty days .....
Tag this Judgment!Court : Kerala
Decided on : Sep-27-2005
Reported in : 2005(4)KLT962
..... accused to produce evidence of circumstances which may lead the court to pass a lesser sentence,18. section 309 cr.p.c. was amended by act 45 of 1978, third proviso to section 309 was inserted by act 45 of 1978 with effect from 18-12-1978; the third proviso reads as follows:-'309, power to postpone of adjourn proceedings(1 ..... to which both the alternative sentences were normal sentences. now on the face of section 354(3) the normal punishment for murder and six other capital offences under the indian penal code is imprisonment for life or for a term of years and death penalty is an exception. section 235(2) of the code bifurcates the trial by providing ..... on the file of the iii additional sessions judge (ad hoc) fast track-i, thrissur is challenging the conviction and sentence imposed on him under section 302 of the indian penal code in this appeal. the appellant was found guilty of the offence punishable under section 302 i.p.c., convicted and sentenced to undergo imprisonment for life. set .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-28-2005
Reported in : AIR2006MP100
..... 5) dated 14-3-2000 to the respondents for referring the matter to electric inspector as per provision under section 26(6) of the indian electricity act, 1910 (for brevity 'the old act') because if there is any dispute regarding correctness of the meter between the consumer and the mpeb the same shall be decided by the ..... provisions of the enactments specified in the schedule, not inconsistent with the provisions of this act, shall apply to the states in which such enactments are applicable.(4) the central government may, as and when considered necessary, by notification, amend schedule.(5) save as otherwise provided in sub-section (2), the mention of particular matters ..... in that section, shall not be held to prejudice or affect the general application of section 6 of the general clauses act, 1897 (10 of 1897), with regard to the effect .....
Tag this Judgment!Court : Orissa
Decided on : Sep-28-2005
Reported in : 100(2005)CLT537; 2006CriLJ462; 2005(II)OLR714
..... complaint before the special judge (vigilance), bhubaneswar alleging, inter alia, that the aforesaid persons committed various offences under section 120b/409/511/34, ipc and section 15 of the prevention of corruption act, and praying for transmitting the said complaint under section 156(3), cr.p.c. to the officer-in-charge of capital police station, ..... of the offence of which such person is convicted.(6) a special judge, while trying an offence punishable under this act, shall exercise all the powers and functions exercisable by the district judge under the criminal law (amendment) ordinance, 1944 (order 38 of 1944).'a combined reading of sub-section (3) and sub-section (4) ..... of section 5 of the said act clearly shows that the special judge is not be treated as a magistrate within the meaning .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-28-2005
Reported in : 2006(2)AWC1404
..... are statutorily agricultural produce. the first part of the definition of agricultural produce has been given only to provide guidance to the state government if it acts under section 4-a to amend the schedule. when the schedule mentions wood, which is a generic term, its ambit cannot be cut down by technical arguments. firewood, timber etc ..... from levying and demanding the market fee on the sale and purchase of wood if it is otherwise leviable under the adhiniyam. he further submitted that under the indian forest act, 1927, the definitions given in sub-sections (4) and (7) of section 2 bamboo is included in the term 'forest produce'.6. he also referred ..... are distributed in tropical and sub-tropical to mild temperate regions, with the heaviest concentration and largest number of species in southeastern asia and on islands of the indian and pacific oceans. the woody, hollow aerial stems(culms) of bamboo grow in branching clusters from a thick underground stem(rhizome). the culms often form a .....
Tag this Judgment!Court : Orissa
Decided on : Sep-28-2005
Reported in : 101(2006)CLT651
..... failed to prove that the alleged offence was committed in furtherance of the common intention of all the appellants, the learned sessions judge has acted illegally in convicting all the three appellants under sections 302/34, ipc. it is well settled in law that the existence of a common intention amongst the participants in a crime is an essential element ..... for application of section 34, ipc. as has been observed in the case of ashok kumar v. state of punjab air 1977 sc 109, it is not necessary that the acts of the several persons charged for the commission of an offence jointly must be the same or ..... by the particular accused himself. for applying section 34 is it not necessary to show some overt act on the part of the accused.8. we do not feel it necessary to delve into this point any further. the scope of section 34, ipc has been repeatedly gone into by the apex court as well as this court in innumerable cases .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-28-2005
Reported in : 2006CriLJ109
..... 2) was recorded at 7.00 p.m. under section 302 of i. p. c. and sections 25 and 27 of the arms act by asi kimti lal and special report was received by the judicial magistrate 1st class, gidderbaha on the same date at 8.15 p.m. ..... of rs. 300/- and in default of payment of fine to undergo further r. i. for one month under section 27 of the arms act. however, both the substantive sentences were ordered to run concurrently.2. in nutshell, prosecution case, as described and established before the learned trial court ..... by the learned sessions judge, faridkot, whereby he was convicted under section 302 of i. p. c. and section 27 of the arms act and sentenced to undergo rigorous imprisonment for life and to pay a fine of rs. 1000/- and in default of payment of fine to undergo ..... i.p.c. further, we maintain the order of conviction and sentence under section 27 of the arms act recorded by the learned trial court. the substantive sentences passed under section 304, part ii of i.p.c. and section 27 of the .....
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