Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 preamble 1 indian evidence amendment act 2002 Page 7 of about 21,055 results (0.205 seconds)

A.V. Arockiam and Etc. Vs. Arul Mary Alias Latchumi Devi and anr.

Court : Chennai

Reported in : AIR2002Mad435; (2002)2MLJ506

..... the preamble to the indian divorce act runs as follows :'whereas it is expedient to amend the law relating to divorce of persons professing the christian religion, and to confer upon certain courts jurisdiction in matters matrimonial, it is hereby enacted as follows' :section 3(1) states that 'high court' means, with reference to any area in a state, the high court for that state and in the case of any petition under the act, 'high court' means the high court for the ..... provision that an application is to be made to the high court or the district court in sections 10, 18 and 23 will have to be taken along with the definition of 'court' occurring in sections 3(3) and 3(4) of the act and it must be construed only to mean the high court in respect of areas comprised in the original jurisdiction of the high court and the district court for which the district judge is deemed to be the judge exercising ..... 1993 bom 61 a special full bench of the bombay high court held that petitions for dissolution of marriage or nullity of marriage on specific grounds stated in section 19 of the indian divorce act could be entertained both by the district court and thehigh court and that both the courts had concurrent jurisdiction ..... the section as amended by act 51 of 2001 provides that the petition may be presented to the ..... high court has full powers of calling for fresh evidence.'6. ..... parties to appear before the principal district court, tirunelvelli on 10-6-2002.40 ..... parties to appear before that court on the 10th of june, 2002.39 .....

Intel Technology India Pvt Ltd Vs. Competition Commission Of India

Court : Karnataka

..... are knocking at the doors of writ court for assailing the order dated 09.08.2019 made by the competition commission of india (hereafter commission ) whereby in exercise of powers under section 26(1) of the competition act, 2002 (hereafter 2002 act ) an investigation as to whether their warranty policy has (i) potentially resulted in denial of market access to parallel importers & resellers of boxed micro- processors for desktop and laptop pcs & (ii) the risk ..... contextualises the enactment of 1969 act and 2002 act as under: the mrtp act was passed in a context of growing evidence of concentration in indian industry, manifested in the absolute ..... rem while explaining the broadened locus standi and expanse of the powers of the commission in proceedings under section 19(1) of the act in the light of 2007 amendment which becomes clear by the observations at paragraph 15 of the said decision: a look at section 19(1) of the act would show that the act originally provided for the receipt of a complaint from any person, consumer or their association, or trade association. ..... position and regulation of combinations, each of which is anathema to the concept of competition and contrary to the objects to be achieved in terms of the preamble and arts. ..... its preamble reads as under: an act to provide, keeping in view of the economic development of the country for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, .....

Balkishan A. Devidayal Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175

..... question whether officers of departments other than the police on whom powers of an officer-in-charge of a police station under clause 14 of the crpc are conferred are police officers or not for the purpose of section 25, evidence act, was left open and undecided, yet the fact remains that some of the criteria adopted by the majority in barkat ram's case in arriving at the decision they did, in a customs officer's case was rejected and ..... accused person, he shall either admit him to bail to appear before a magistrate having jurisdiction in the case, or forward him in custody to such magistrate; (b) if it appears to the officer of the force that there is not sufficient evidence or reasonable ground of suspicion against the accused person, he shall release the accused person on his executing a bond, with or without sureties as the officer of the force may direct, to appear, if and when so required, before the ..... as is evident from its preamble, it is an act to consolidate and amend the law relating to unlawful possession of ..... says that the words and expressions used but not defined in this act and defined in the indian railways act, 1890, shall have the meanings respectively assigned to them under that act. ..... says that the officers and members of the force shall be deemed to be 'railway servants' within the meaning of the indian railways act. ..... such inquiry as aforesaid shall be deemed to be a 'judicial proceeding' within the meaning of section 193 and section 228 of the indian penal code. .....

Shiv Indersen Mirchandani of Bombay and anr. Vs. Natasha Harish Advani ...

Court : Mumbai

Reported in : 2002(2)BomCR436; II(2002)DMC89

..... (supra) inter alia made the following observations: 'assuming without deciding .............that the father had not a acquired a german domicile and therefore, the father, the mother and the children were of indian domicile, a competent german court will have jurisdiction to pass a decree of divorce or custody of the children on the ground that the petitioning spouse had a real and substantial connection with the ..... its object as evident from its preamble is to amend the law relating to divorce of persons professing the christian religion and ..... nevertheless her marriage with the deceased who was a hindu was valid and for the purpose of dissolution, it was governed by the indian divorce act, 1869 as section 2 thereof authorizes the court to grant relief only when the petitioner or respondent professes christian religion and the parties are domiciled in ..... 8, the submission of shri merchant is that their marriage was governed by the indian divorce act, 1869 and there is no provision in the said act to obtain divorce by mutual consent and therefore, the decree of divorce passed by the swedish court is in breach of the law ..... used in section 23 of the indian contract act in the context of what considerations and ..... granted by the swedish court is contrary to or in refusal to recognise the provisions of the indian divorce act which was applicable. ..... the indian divorce act does not lay down any condition precedent to the marriage ..... of divorce except on the grounds stated in the indian divorce act. .....

Sudamati W/O Nandkumar Kade Vs. State of Maharashtra

Court : Mumbai

Reported in : 2006(2)MhLj339

..... a trespass against the rights of a scheduled caste or scheduled tribe person is, therefore, made an offence to bring home the charge under this item, it has to be proved that the person committing an act of trespass had a knowledge that he is committing trespass on a right and land belonging to a person who is belonging to scheduled caste or scheduled tribe, here also proof of knowledge by whatever means, ..... of the act provides that where a person has been convicted of any offences punishable under this chapter, the special court may, in addition to awarding any punishment, by order in writing, declare that any property, movable or immovable or both, belonging to the person, which has been used for the commission of that offence shall stand forfeited to government, this legislation has to be read in light of the amendment effected to the indian penal code, ..... behalf of the appellant that even if all the facts are accepted as proved, as was done by the learned trial judge, the conviction under section 3(1)(x) of the atrocities act is unsustainable in law because there is no proof on record that the accused had the knowledge of the fact that the victim complainant belonged to a scheduled caste or scheduled ..... the prosecution examined 6 witnesses to prove its case and the learned trial judge, on appreciation of the evidence as led, came to the conclusion that the prosecution has failed to prove the assault, he, therefore, acquitted all other ..... object which is depicted in the preamble. .....

Thiagaraja Mudaliar, Minor, by Next Friend Janaki Ammal and anr. Vs. V ...

Court : Chennai

Reported in : AIR1933Mad48; (1932)63MLJ707

..... ) their lordships of the privy council have explained the scope of section 92 of the indian evidence act in the following passage occurring at page 125:the preamble to the evidence act recites that 'it is expedient to consolidate, define and amend the law of evidence', and section 92 merely prescribes a rule of evidence; it does not fetter the court's power to arrive at the true meaning and effect of a transaction in the light of all the ..... the dictum in woodroffe and ameer ali's commentary on the indian evidence act, namely, 'although evidence to vary the terms of an agreement in writing is not admissible, yet the evidence that there is not an agreement at all is admissible' has been disapproved by ..... when parol evidence is sought to be let in for proving such a case, that section 92 of the indian evidence act would be a bar and render such oral evidence inadmissible. ..... all the aforesaid authorities, it should be held that the oral evidence let in by the plaintiff in this case is admissible and cannot be deemed to be obnoxious to the provisions of section 92 of the indian evidence act.14. ..... that this decision was given before the passing of the indian evidence act. ..... this observation shows that in respect of section 92 of the evidence act, oral evidence is admissible to prove that an agreement in writing was really no agreement at all but was only a sham as it was not intended ..... principle has been adopted in later decisions given after section 92 of the evidence act had come into operation. .....

Bhagat Singh and Vs. Om Sharma and ors.

Court : Punjab and Haryana

Reported in : AIR1983P& H94; [1984]56CompCas236(P& H)

..... in india as in england the legal position was the same, following the english common law till the passing of the fatal accidents act (act 13 of 1855) as is evident from the preamble thereof :--'whereas no action or suit is now maintainable in any court against a person who, by his wrongful act, neglect or default, may have caused the death of another person, and it is often-times right and expedient that the wrongdoer in such cases should be answerable in damages for ..... it is manifest from the plain language of the aforesaid provisions that the whole thrust of this legislative amendment was to create an altogether new forum for claims arising out of the automobile accidents whether fatal or otherwise an to liberate such tribunals from the procedural shackles of the civil courts and further widen the award ..... the absence of any subsequent amendment in indian fatal accidents ac is, therefore, in no way ..... on behalf of the respondents that these considerations would be irrelevant in the absence of a specific amendment in the indian fatal accidents act. ..... it has to be pointedly borne in mind that in india there had been no authoritative line of precedent that insurance money was deductible for assessing damages under the indian fatal accidents act barring a few discordant notes here and there. ..... 'it deserves highlighting that the language of the indian fatal accidents act as originally enacted was virtually in pari materia with its english counterpart barring some marginal procedure .....

State of U.P. Vs. Jai Bir Singh

Court : Supreme Court of India

Reported in : 2005(3)CTC741; [2005(106)FLR190]; JT2005(5)SC170; (2005)IILLJ831SC; (2005)3MLJ146(SC); (2005)5SCC1; (2005)2UPLBEC1387

..... on behalf of the employers, it is pointed out that all other provisions of the amendment act of 1982, which introduced amendments in various other provisions of the industrial disputes act have been brought into force by issuance of a notification, but the amendment act to the extent of its substituted definition of 'industry' with specified categories of industries taken out of its ..... it is submitted that it is the prerogative of the government in accordance with the provisions of sections (1) & (2) of the amendment act to enforce the provisions of the act when it finds that there are conditions suitable to take out of the purview of the definition of 'industry' certain categories of 'industries' in which the employees have been provided separate ..... : (1999)illj1109sc the request for constituting a larger bench for reconsideration of the judgment in the bangalore water case was refused both on the ground that the industrial disputes act has undergone an amendment and that the matter does not deserve to be referred to a larger bench as the decision of seven judges in bangalore water case is binding on benches of this court ..... the main aim of the statute as is evident from its preamble and various provisions contained therein, is to regulate and harmonize relationships between employers and employees ..... , has operated well and no better enunciation of scope and effect of the 'definition' could be made either by the legislature or by the indian labour organization in its report.35. .....

Manka Vs. the State and anr.

Court : Rajasthan

Reported in : 1961CriLJ406

..... but whether or not they did actually entertain such a belief or merely a suspicion they alone could have known, the court can only infer on the basis of the evidence and circumstances proved in the case whether there were reasonable grounds existing on the basis of which the officers could have entertained a reasonable belief, but the court cannot say whether or not ..... parpia has drawn our attention to the preamble of the act, which states that the object of the act was to consolidate and amend the law relating to the levy of sea customs ..... smugled.it was found that the object of enacting section 178a was to prevent smuggling, that it applied only to certain goods which could be easily smuggled and 'which have been seized under the act in the reasonable belief that they are smuggled goods, taking into consideration the safeguards provided for affording relief and redress in the case of illegal or unjustified orders and the fact that the provision ..... at gold it is not possible to tell whether it was imported into india before september 4, 1939 or whether it is of indian origin and yet a citizen is called upon to prove that it is not smuggled gold. ..... not disputed that on 6-12-56 the applicant boarded a train bound for barmer at lilma railway station in the indian territory near the indo-pakistan border. ..... to section 178-a casting the burden of proof on an accused in a criminal case are to be found in other enactments also, both indian and english, e.g. ..... i had indian gold with me and not .....

Baijnath Singh Vs. Hajee Vally Mahomed Hajee Abba

Court : Mumbai

Reported in : (1925)27BOMLR787

..... the preamble to the evidence act recites that ' it is expedient to consolidate, define and amend the law of evidence,' and section $2 merely prescribes a rule of evidence; it does not fetter the court's power to arrive at the true meaning and effect of a transaction in the light of all the surrounding circumstances. ..... legge that under section 92 of the indian evidence act, as between the parties to an instrument, oral evidence of intention is not admissible for the purpose, either of construing deeds or of proving the intention of the parties. ..... 62 of 1916, was originally against hajee mahomed jamal, but the plaint was amended by adding the defendant abdul kareem abdul shakoor jamal. ..... the judge of the trial court on the evidence found that baijnath could have raised the money at 9 per cant, per annum and he gives an account of how this part of the case was treated before him, which leaves no doubt as to the correctness of his ..... the learned trial judge examined the evidence given before him with critical care. ..... the judgments in the appellate court disclose no sufficient ground for disturbing the first court's appreciation of the evidence, and the finding that exhibit g. ..... 60, he gave evidence to the effect that be actually had a conversation with abba about this agreement in june, 1915. ..... in their lordships opinion the view of the appellate court as to the time at which the document was prepared is disproved by the evidence of mr. .....