Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 preamble 1 indian evidence amendment act 2002 Page 100 of about 21,055 results (0.292 seconds)

Vakrangee Softwares Limited, a Limited Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(1)BomCR657

..... 272/85 filed by the debtor company was, in substance, one in the nature of a 'counter-claim' against the bank and was one which also fell within the special act by reason of section 19(8) to (11) of the act ( as introduced by amending act 1/2000) and if that be so, whether it could still be successfully pleaded by the respondent-company that the pendency of the company's suit 272/85 was a ground for retention of bank's suit ..... what we find that the apex court has observed that the inherent power is to be exercised when the court finds that the ordering of such a trial, would avoid separate overlapping evidence being taken in the two causes put in suit and it will be more convenient to try them together in the interests of the parties and in the interests of an effective trial of the ..... of india reported in : air2004sc2371 , while considering the provisions of securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the apex court has considered the issue of maintainability of the suits in the light of the provisions of section 34 of the said act. ..... what we find is that though the civil court may have an inherent powers under section 151 of the code of civil procedure, 1908, the test laid down and explained in indian bank v. ..... of the calcutta high court in respect of the abhijit's case (supra), namely, that the apex court has exercised power under article 142 of the constitution, has not been directly answered by the judgment in indian bank v. .....

Cwt Vs. D.S. Virawala Suragwala

Court : Gujarat

Reported in : [2002]122TAXMAN782(Guj)

..... the successor recognised prior to the commencement of the constitution (twenty-sixth amendment) act, 1971 was exempted from the net wealth of the assessee with a view to provide some relief to such recognised ruler or successor, as a transitional provision to enable such person to adjust progressively to the changed circumstances as indicated in the preamble of the rules of indian states (abolition of privileges) act, 1972, by which section 5(1)(iii) was amended.9.1 the grant of exemption to the palace from inclusion in the net ..... (a), notwithstanding anything in the constitution or in any law for the time being in force, the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement was recognised by the president as the successor of such ruler shall, on and from such commencement, cease to be recognised as such ..... which before the said constitution (twenty-sixth amendment) act, 1971 was his official residence, such ruler should have been recognised by the president as the ruler of an indian state or the successor of such ruler should have been so recognised at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971.8.2 the constitution (twenty-sixth amendment) act, 1971 received assent of the president on 28-12-1971 and by that act, articles 291 and 362 of the .....

Vishnu Suger Mills and ors. Vs. the State of Bihar and ors.

Court : Patna

..... (1) shall be collected in the prescribed manner and the state government shall determined the share of zonal development council and co-operative society.if we compare the unamended section 48 with that of the amended provisions it could be found that by the new amendment the fixation of the commission has been withdrawn by giving a discretion to the authorities to determine the quantum of commission and similarly in sub-section (2) when no quantum has been ..... sugar-can development department regarding fixing 2% fee on the actual price paid per quintal of sugar cane under section 48(1) of the bihar sugar cane (regulations of supply and purchase) act, 1981 being amended by act no. ..... . 4014 of 2002 wherein by consideration of sub-section (2) of section 48 order and direction' had been given to the authorities for making necessary notification determining the share of the zonal development council and the co-operative society and in my unless rule 35 is being properly amended by making only a notification under section 48(2) of the act would make the position more anomalous and chaotic giving rise ..... the petitioners that such notification has been made enhancing the commission fee is in total non-consideration of the preamble and the object of the act itself vis-a-vis to the development activities regarding the zonal development commission. ..... the petitioners are the existing companies within the meaning of indian companies act, 1956 having its sugar factories in the district of gopalganj .....

Indian Commerce and Industries Co. Pvt. Limited Vs. the Commercial Tax ...

Court : Chennai

Reported in : [2003]129STC509(Mad)

..... conclusions and findings as follows: (a) the provisions of the tamil nadu general sales tax (fourth amendment) act, 1984 (tamil nadu act 28 of 1984)in so far as it amended section 2(g) (j), (n),(r) and (u) pursuant to the constitution (forty-sixth amendment) act, 1982 are intra vires and valid and quite in accordance with law; (b) the provisions of the tamil nadu general sales tax (fourth amendment) act, 1986 (tamil nadu act 42 of 1986) are intra vires and valid and quite in accordance with law; (c) the ..... further on the facts of the case as summarised in the preamble portion of this order, the petitioner filed returns disclosing the turn over of the works contract but did not pay the tax for the reason that the provision authorising the levy of tax on ..... as seen from the above provisions, it is evident that an assessee, who opts for payment of tax every month by filing monthly returns showing actual turnover under section 13(2) of the act, should file the return for each month on or before 20th of succeeding month and submit proof as specified in sub-rule (1) of rule 55 for payment of the full amount of tax or taxes on or before 20th of the month to ..... assistant commissioner (ct) and another (2002) 127 stc 73 though the case was concerned with reference to section 3a of the tngst act in all factual matrix with regard to the filing of the return, disclosing the turnover and non-payment of the tax on the cover of interim orders obtained from this court are identical to the present .....

Telaga Mahajana Sangham Vs. the Registrar, the Special Court, Constitu ...

Court : Andhra Pradesh

Reported in : 2007(3)ALD695

..... held to be land-grabbers, but their dispossession was held to be not land-grabbing; (iv) that the cardinal principles in the process of interpretation of statutes have not been kept in view; (v) that in the year 1987 the act was amended whereunder section 2(cc) was introduced and the purpose of introducing the said provision was explained in the statement of objects and reasons on account of which the expression 'land belonging to a private person' was sought to be defined under ..... this court having regard to the intention of the legislature which permeates and pervades clearly in the preamble portion of the act and the statement of objects and reasons given in the schedule appended to the act; the definition of land-grabbing enjoined under section 2(e) of the act, and having been of the clear view that the act of land-grabbing alone gives jurisdiction to the special court which is confined to the land belonging to the four categories of persons ..... furthermore, it requires adduction of evidence to establish the objects of the society and the conclusion to be reached with reference to the evidence that the applicant-society falls squarely within the purview of a charitable ..... of 2002 in accordance with the former judgment on the premise that the society could not maintain an application before the special tribunal or special court, as the case may be, having regard to the definitions of 'land-grabber' and 'land-grabbing' enjoined under clauses (d) and (e) of section 2 of the act. .....

Indian Aluminium Company Limited and Another Vs. Karnataka Electricity ...

Court : Supreme Court of India

Reported in : AIR1992SC2169; (1992)2CompLJ177(SC); JT1992(3)SC535; 1992(1)SCALE1157; (1992)3SCC580; [1992]3SCR213

..... appearing for the appellants in his usual fairness has indicated the detailed arguments had been advanced before the high court of karnataka at the hearing of the writ proceeding on the question of vires of the amending act, on the score of legislative competence and also on the ground of arbitrary action in revising the tariffs without justification and unjust classification of the smelter plant in the category of other power intensive industries included ..... he has submitted that if a reference is made to the preamble of the agreement and other clauses it is quite apparent and evident that the same do not indicate that on the invitation by the electricity board or the state government, the smelter plant of the petitioner-company ..... the karnataka state electricity board, (hereinafter referred to as board) and the state of karnataka (hereinafter referred to as state) had invited the indian aluminium company limited (hereinafter referred to as the company) to establish its aluminium smelter plant within the state of karnataka by assuring that uninterrupted supply of electricity would be ..... writ petition involved in the instant civil appeal may be stated as follows:the indian aluminium company limited registered under the companies act and one shareholder, namely, shri k. ..... material for the smelter plant, the high court referred to relevant pleadings of the writ petitioners and also referred to the decision of this court concerning the petitioner company itself in indian aluminium co. v. .....

Konkana Ravinder Goud and ors. Vs. Bhavanarishi Co-operative House Bui ...

Court : Andhra Pradesh

Reported in : 2003(5)ALD654; 2003(6)ALT1

..... that on the date so appointed by the mandal revenue officer, he shall after hearing the parties and on examining their documents and witnesses, if any, and after taking such further evidence as he may consider necessary to satisfy himself that the alienation or transfer is not in contravention of any of the provisions of the acts referred to in rule 9(i)(a)(iv) complete the enquiry and thereafter he shall require the alienee or the transferee to deposit the amount through challan. ..... of 2002 submitted that the learned judge failed to appreciate that the power of revision was available under section 9 of the act even prior to amendment of ..... in the treasury an amount equal to the stamp duty, which according to him would have been payable had the alienation or transfer been effected by a registered document in accordance with the provisions of the indian registration act, 1908 as fixed by the registering officer on a reference made to him by the mandal revenue officer in form no. ..... notice that many of the principles of english equity have taken statutory form in india and have been incorporated in occasional provisions of various indian statutes such as the indian trusts act, the specific relief act, transfer of property act etc. ..... that in india there is no distinction between legal and equitable property in the sense in which it was understood when equity was administered by the court of chancery in england and under the indian law, there can be but one owner that is, the legal owner.58. .....

Ghanta Infrastructures Ltd., a Company Incorporated Under the Provisio ...

Court : Andhra Pradesh

Reported in : 2008(2)ALT611

..... explanation: for the purposes of this section, the expression 'substantial change in management' means the change in the management by way of transfer of shares or amalgamation or transfer of the business of the company.section 3(3)(g) & (h) of the act would assume some importance and it is pertinent to note that section 3(3)(h) of the act has been introduced by the enforcement of security interest and recovery of the debts laws (amendment) act 2004. ..... impugned judgment dated 4-6-2007, the high court ruled that admittedly hdec had suffered net loss of approximately us $610 million in 2001; that they had earned net profits in 2002, 2003 and 2004; that audited accounts for 2004 were made available only after 10-1-2005 and, therefore, msrdc was right in excluding rel/hdec from the second stage of ..... any accounting standard (as) and in the circumstances it was not open to msrdc to exclude rel/hdec by applying as 26; that the accounts of hdec indicated 'net profits' for the fy ending december 31, 2002, 2003 and 2004 and on that basis it had calculated ncp in accordance with internationally accepted ass (gapp) which has been certified by kpmg, chartered accountants in korea. ..... of their defence in denial of the charge had summoned the editors of tamil dailies malai murasu and makkal kural and the news reporters of the indian express and dina thanthi to prove the contents of the facts stated in the news item but they dispensed with their examination on the date fixed for the defence evidence. .....

T.M.A. Pai Foundation and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : AIR2003SC355; 2003(51)BLJR158; JT2002(9)SC1; 2003(1)KarLJ1; (2002)8SCC481; (2002)3UPLBEC2817

..... of articles 350a and 350b which were inserted bythe constitution (7th amendment) act 1956 indicates that the status oflinguistic minorities has to be determined ..... the members ofthe constituent assembly while intervening in the debate in the constituentassembly with regard to the kind of religious education to be given ingovernmental aided institution stated thus:'if the proposed amendment is accepted, the matter has to be taken tosupreme court and eleven worthy judges have to decide whether the kindof education given is of a particular religion or in the nature ..... , be entitled to establish and maintaineducational institutions of their choice in that locality, but if some of themembers belonging to the anglo indian or christians community happen toreside in another ward of the same municipality and their number be lessthan that of the members of other communities residing there, then thosenumbers of anglo-indian or christians community will be a minority withinthe meaning of article 30 and will be entitled to establish and maintaineducational institution of their ..... of that state areto be treated as linguistic minority was accepted by the government of indiaand implemented while determining the minority status of persons or groupof persons and the same is evident from the views expressed by governmentof india before the special reporter of the u.n. ..... it is thus evident that the rights under article 30(1) remain ..... it is evident that amendmentproposed by shri thakur dass bhargava which is now .....

Trilochan Singh Johar and anr. Vs. State and anr.

Court : Delhi

Reported in : 2002IVAD(Delhi)951; 2002CriLJ3268; 98(2002)DLT228; 2002(62)DRJ787

..... provide as follows : section 327, court to be open -- (2) notwithstanding anything contained in sub-section (1), the inquiry into and trial of rape or an offence under section 376, section 376a, section 376b, section 376-c or section 376-d of the indian penal code shall be conducted in camera: provided that the presiding judge may, if he thinks fit, or on an application made by either of the parties, allow any particular person to have access to, or be or remain, in, the room or building used ..... frequency of crime against women led the parliament to enact criminal law (amendment) act, 1983 (act 43 of 1983) to make the law of rape more realistic. ..... by the amendment act, sections 375 and 376 were amended and certain more penal provisions were incorporated for punishing such custodians who molest a women under their custody ..... would not only be in keeping with the self respect of the victim of crime and in tune with the legislative intent but is also likely to improve the quality of the evidence of a prosecutrix because she would not be so hesitant or bashful to depose frankly as she may be in an open court, under the gaze of public. ..... the code of criminal procedure which deals with the right of an accused to an open trial was also amended by addition of sub-sections (2) and (3) after re-numbering the old section as sub-section (1). ..... in the learned trial court on 28.2.2002, and on subsequent dates, or in the alternative prosecution evidence be stayed till the final disposal of the present .....