Court : Andhra Pradesh
Reported in : AIR2010AP1; 2009(6)ALT565
..... this court held that if no final determination as such has taken place in relation to the payment of stamp duty of a document, the bar under section 36 of the indian stamp act does not operate. ..... what in effect it is said was that the parties would continue to be members of the joint hindu family and that narasimha would manage the family properties as before, and that when they effect a partition in future venkatramaiah would get 2 shares and narasimha would get 3 shares in the properties then in existence or acquired thereafter. ..... that is why the term 'family has to be understood in a wider sense so as to include within its fold not only close relations or legal heirs but even those persons who may have some sort of antecedent title, a semblance of a claim or even if they have a spes succession is so that future disputes are sealed for ever and the family instead ..... where the courts find that the family arrangement suffers from a legal lacuna or a formal defect the rule of estoppel is pressed into service and is applied to shut out plea of the person who being a party to family arrangement seeks to unsettle a settled dispute and claims to revoke the family ..... , as and when a final decree is passed; to put it in strict legal terms, no interest 'in praesenti' is created in favour of any party, under settlement of such category.26 ..... , the object underlying the settlement is to bring about harmony among the parties to it, the legal implications arising out of settlements are not uniform. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD(Cri)767; I(2007)DMC373
..... he would further contend that the trial court having recorded a finding that the statement of a-1 is admissible under section 6 of indian evidence act ought to have taken it in toto and accepted the defence put forth by a-1 to the effect that he committed the offence under grave ..... iii additional sessions judge found a-1 peddi kumaraswamy @ muthyala kumaraswamy, a-2 peddi sadaiah, a-3 peddi kanakaiah and a-4 peddi lylamma guilty for the offences under section 498a, ipc and section 4 of dowry prohibition act and further found a-1 peddi kumaraswamy @ muthyala kumaraswamy guilty for the offence under sections 302 and 201, ipc and convicted them accordingly and sentenced a-1 to a-4 to suffer rigorous imprisonment for two years and pay a fine of rs. ..... trial court having recorded a finding that the statement made by a-1 before the magistrate is admissible under section 6 of the indian evidence act committed error in not taking into consideration the circumstances under which the offence came to be committed ..... categorically stated in his cross-examination that he did not see his father (a-1) when he went to bed and he saw his father (a-1) only on the next day ..... it is well settled that although legally there is no bar to accepting the uncorroborated testimony of a child, yet prudence requires that court should not act on the uncorroborated evidence of a child whether ..... act and accordingly their convictions and sentences under the said offences are not legal and proper and they are liable to .....
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
..... that in the matter of admission the university could not admit students of other institutions unless the governor- general in council approved the degree or any other examination of the institutions other than indian universities established by law....section 40 is important and laid down that ' if any difficulty arises with respect to the establishment of the university or any authority of the university or in connection with the first meeting ..... to arbitration upon the terms of this section within the meaning of the indian arbitration act, 1899, and all the provisions of that act,' with the exception of section 2 these of, shall apply accordingly.143. ..... controlled does not mean that control of institutions by the government does not tend to show an institution up as basically a non-minority institution; when one is considering the degree of control permitted for a minority institution, one assumes the minority status; when the minority status or the non-minority status is not admitted or assumed, the factor of administration and control by free or non-minority groups ..... to carefully scan the law to find out; (a) whether the vice pointed out by the court and invalidity suffered by previous law is cured complying with the legal and constitutional requirements; (b) whether the legislature has competence to validate the law; (c) whether such validation is consistent with the rights guaranteed in part- iii of the constitution. ..... opinion that this views the coin from a side, which .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori84
..... two english decisions on which the madras high court and the lahore high court relied are based upon the particular wording of sections 38 and 74 of that act and inasmuch as the corresponding sections under the indian act are different, the said english decisions nor the madras and lahore decisions following those decisions can be regarded as authority contrary ..... law, justice kapur seems to be of opinion that a fully paid-up share-holder is not entitled to bring under the law a winding up petition as he is not a contributory within the meaning of section 156, though his actual decision in the case was-where a contributory files an application for winding up and does not allege that there is a surplus and does not give prima facie evidence of the ..... ' as gross receipts though it was given to understand that 61/4 per cent of the revenue would be calculated on the net profits; that on 29-7-51 an extraordinary general meeting was called by the share-holders when they wanted to put interpolations relating to the misconduct of the managing agency; that the meeting was held on 11-9-51 and it ended in a fiasco; that though the members opposing the managing agents were in ..... to the company; that notices were issued on their behalf and the company replied that the notices were not legal notices; and that the amount due would be paid by the end of january 1954. ..... has no document to evidence that loan and that there is nothing with him on the strength of which he can legally enforce that loan. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1987Ori125; 63(1987)CLT279
..... energy supplied by a licensee to a consumer is wide enough to clothe the state government with the powers to issue appropriate directions even in matters of regulating the user of the electrical energy keeping in view the general principles mentioned in section 22b, such as, prohibiting any clubbing of the supply of power allotted by the licensee to the different units of a consumer and the like, because according to him, this is squarely a matter with regard to maintaining the supply and ..... the state government and the board have no power to impose restriction in supply of energy under section 22b of the indian electricity act with retrospective effect and the order under section 22b has to be given effect prospectively.accordingly the writ petitions succeed in part. ..... (2) without prejudice to the generality of the powers conferred by sub-section (1) an order made there under may direct the licensee not to comply, except with the permission of the state government, with -- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959 (32 of 1959) for the supply (other than the resumption of a supply) or an increase in the supply of any energy to any person, or(ii) any requisition for ..... the provisions of section 22b are in the nature of emergency provisions intended, to enable the state to check the total breakdown of supplies when the demand is far in excess of supply. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2603; 2009CriLJ3738; JT2009(7)SC495; 2009(8)SCALE634; (2009)13SCC80; 2009(4)LHSC2175; 2009AIRSCW4526
..... but where there are special circumstances which give a guarantee of trustworthiness to the testimony, it is admitted even though it comes from a second-hand source.page 941: what is relevant and admissible under clause (1) of this section (section 32) is the statement actually made by the deceased as to the cause of his death or of the circumstances of the transaction which resulted in his death.page 945-946: a statement must be as to the cause of the declarant's death or ..... statement of a dead person would fall within the purview of section 32(1) of the indian evidence act there is no other provision under which the same can be ..... death, in cases in which the cause of that person's death comes into question.such statements are relevant whether the person who made them was or was not, at the time when they were made, under expectation of death, and whatever may be the nature of the proceeding in which the cause of his death comes into question.4. ..... culled out the legal position as follows:(1) section 32 is an exception to the rule of hearsay and makes admissible the statement of a person who dies, whether the death is a homicide or a suicide, provided the statement relates to the cause of death, or exhibits ..... the legal position relating to the admissibility of evidence under section 32(1) has come up for consideration before ..... on the other hand referred to the legal position stated by woodroffe and amir ali in their law of evidence,(fourteenth edition) and ratanlal dhirajlal in their law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC637; (SCSuppl)2007(1)CHN15; JT2006(9)SC483; (2007)1MLJ617(SC); 2006(11)SCALE159; (2006)11SCC331; 2007AIRSCW234
..... mira sen ray 2002 (2) clj 449 the calcutta high court was dealing with a case where an objection was raised that the document tendered was insufficiently stamped, holding:my reading of the provisions of sections 33, 35, 38, 39, 40 & 61 of the indian stamp act, 1899 is that when a document is tendered in evidence by a party and an objection is raised by the other side that the document is insufficiently stamped, at that stage, the court assumes the jurisdiction to impound the document as it was obligatory to apply the mind ..... ranjan mukherjee, learned counsel appearing for appellant, inter alia, submitted that the learned courts below committed a manifest error in relying on section 36 of the indian stamp act, which cannot be said to have any application in the instant case, in view of the amendment made by the state of west bengal therein, which came into force on 31.1.1994. ..... for construction of the plaintiff's allocation in respect of second and third floor of the suit premises.ii) a decree for permanent injunction restraining the defendant and his authorised non and agents from interfering with the act of construction of the plaintiff in respect of his own allocation relating to second and third floor of the suit premises and/or from parting with the possession of the super built structures of the second floor and two ..... reliance has been placed on ram rattan (dead) by legal representatives v. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1964Ker8
..... lr34 was the leading authority that was followed throughout, without noticing that the limitation regulation, iii of 1040 (passed on 26th july 1865) under which it was rendered, contained no provision parallel to section 7 of the present indian limitation act, but such a provision was included in the limitation regulation ii of 1062 (passed on july 8, 1887) and the subsequent enactments which were the statutes relevant when the subsequent decisions beginning with 12 trav lr 99 were rendered. ..... the plaintiff, who has no separate right in the property as distinguished from that of thetarwad, cannot claim the benefit of section ix of the regulation, which applies to cases where the person suing has an individual right of his own and was under legal disability when the cause of action first accrued to him.i, therefore, concur in holding that the suit is barred. ..... shall have ceased as would otherwise have been allowed from the time when the cause of action accrued, unless such time shall exceed the period of three years, in which case the suit shall be commenced within three years from the time when the disability ceased; but if at the time when the cause of action accrues to any person he is not under a legal disability, no time shall be allowed on account of any subsequent disability of any person .....
Tag this Judgment!Court : Kerala
Reported in : AIR1965Ker19; (1966)IILLJ93Ker
..... , but that the right does not extend to being actually appointed to the post for which an application may have been made.that the equal opportunity under article 16(1) and (2) is amply satisfied when a party has been given a chance to apply and his application has been considered and that there is no right for getting appointed to a particular post, is also clear from the following ..... the learned judge has also observed in the later part of the judgment that article 311 has application only when there is an order of dismissal or removal and that it is not every termination of service of an employee that falls ..... lordships have, if i may say so with respect, very elaborately considered and laid down the various principles which have to be borne in mind in dealing with a claim for privilege under sections 123 and 124 of the indian evidence act.38. ..... been given his chance, it cannot be said that he had not equal opportunity along with others, who may have been selected in preference to him'.the legal position is also, in my view, well established that there is no fundamental right to be continued in employment of a state and that a party cannot complain about the termination of his service by the state, as an infringement of any constitutional right, when no question of violation of article 31: arises. ..... referred to above, make it very clear that the rule as to equal opportunity is amply satisfied when a party is enabled to make an application and that application is properly considered. .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ415
..... and that, consequently, no suit to compel registration would lie' dealing with that argument, the bench pointed out (page 132):the third contention was not seriously pressed and when we find that part vi of the act of presenting documents for registration deals with documents the registration of which is either compulsory or optional, we have no hesitation in holding that the provisions of part vii for ..... a petition to the district court in order to establish his right 'to have such document registered.the petition shall be in the form contained in the schedule to this act, or as near thereto as circumstances will permit, and shall be accompanied by copies of the reasons recorded under sections 82 and 83, and the statements in the petition shall be verified by the petitioner in manner required by law for the verification of plaints, and the petition shall, where ..... 100 executed by members of an undivided hindu family, is compulsory under clause (2), section 17 of the indian registration act xx of 1866, or whether such deed comes under the term 'instrument of partition' in clause 7, section 18 of the said act, the high court passed the following ruling: it appears to the high court that the registration is optional and that, the judge is therefore right in thinking ..... registration, therefore, of that part of the document can be compelled as against the legal representatives of the executant, if the document was-really executed by the executant just as its registration could .....
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