Court : Punjab and Haryana
Reported in : 2004CriLJ3152
..... this prayer of the defence counsel was strongly opposed by the public prosecutor arguing that such kind of blue picture cannot be shown and put to the prosecutrix in her cross-examination in view of the specific amendment made by the legislation in sections 146 and 155 of the indian evidence act. ..... ultimately, vide impugned order dated 6-3-2004, the learned trial court rejected the prayer of the defence counsel, while holding that keeping in view the amendments made in the indian evidence act, the accused cannot be allowed/permitted to show the blue picture in the court room and to put the same to the prosecutrix in her cross-examination. ..... while arguing, learned counsel for the petitioner submitted that the deletion of sub-section (4) of section 155 and insertion of proviso after sub-section (3) of section 146 of the indian evidence act, do not debar the accused from placing on record an important piece of evidence or at least bringing specific acts of indulgence of the prosecutrix in undesirable activities to the notice of the court to test her veracity or to discover who she is and what is her position in life or to shake her credibility by injuring her character as provided in sub-sections (1) to (3) of section 146 of the ..... in this regard, two major amendments have been made by the indian evidence (amendment) act, 2002, which have been implemented by the indian parliament act no. ..... 197 dated 6-5-2002 was registered against the petitioner at police station, kotwali bathinda. .....
Tag this Judgment!Court : Company Law Board CLB
Reported in : (2007)136CompCas470
..... section 38 of the indian companies act, 1913 which corresponded to section 155 of the companies act, 1956 and the present section 111(4) of the companies act, 1956 held that article 120 of the limitation act, 1908 corresponding to article 113 of the limitation act ..... the petitioner, but it failed to initiate any action for more than 4 years and 7 months from 29.11.2000, which is clearly beyond the period of 3 years prescribed by the limitation act.the joint venture agreement provides, among other things, closing date and effective date, for the purpose of fulfilling the terms and conditions of the agreement, which must be fulfilled within a period ..... amendment act, 1988 relating to section 111 states that there is no limitation period provided for making the application for rectification of register of members under sub-section ..... cc 373, while considering the provisions of section 17 of the securitisation & reconstruction of financial assets and enforcement of security interest act, 2002 held that the word used therein though was "appeal" actually was in the nature of a "suit", as it was an action initiated on the "original cause of action".therefore, an application for rectification made under section 111(4) must be necessarily be an action ..... the clb in the matters of rectification of the register of members is more or less exclusive unless it comes to a conclusion in view of complex questions of facts requiring extensive evidence that the parties must be relegated to a civil court. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(1)WLC514; 1996(2)WLN421
..... this regard that a conjoined reading of section 91 of indian evidence act and section 49 of indian registration act after rajasthan amendment act no. ..... section 91 of the indian evidence act excludes oral evidence in proof of the terms of such agreement to sell which requires registration whereas section 49 of the registration act prohibits its receivability in evidence ..... , title and interest including possession, is an unregistered document while section 17 of the indian registration act has been amended by rajasthan amendment act no. ..... every agreement for sale of immoveable property coupled with possession thereof is required to be compulsorily registered under section 17(f) inserted in the indian registration act by the rajasthan amendment act no. ..... an irresistible conclusion that a party cannot be allowed to prove the terms of unregistered agreement to sell accompanied with possession either by oral evidence or by producing such unregistered agreement accompanied with possession. ..... obligation to proceed under section 107 read with 116 ..... wherever there is apprehension of breach of peace between the parties, the executive magistrate has no option except to arrest apprehension of breach of peace by initiating proceeding under section 145 read with section 146 cr.p.c. ..... competent court and had obtained an interim injunction or had got a receiver appointed for protection of the property during trial of such suit then instead of invoking their jurisdiction under section 145(1) and 146(1) cr.p.c. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1926Cal235,90Ind.Cas.537
..... section 288 at any rate as it stands now, makes the evidence recorded by the magistrate admissible at the discretion of the trying judge and it further enacts that it is to be treated as evidence in the case 'for all purposes subject to the provisions of the indian evidence act. ..... section 283 as amended by the act of 1923 stands thus: 'the evidence of a witness, duly recorded in the presence of the accused under ch. ..... the section before the amendment said that 'such deposition is to be treated as evidence in the case. ..... as to the important question as to how far it is possible to have a conviction upon evidence before a magistrate when the evidence given at the trial differs from it and is exculpatory of the accused, the learned judge has considered all the cases which were decided under the section as it stood before the amendment and has endorsed without further consideration the decision in those cases in the words which i have already quoted. ..... ' this case was decided in 1924 and after the amendment of the section by the act of 1923. ..... the amendment of the section by substituting the words 'duly recorded in the presence of the accused under ch. ..... ' the only case decided after this amendment is, as i have observed, the case of jehal teli v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC990; (1992)102CTR(SC)170; [1992]194ITR228(SC); JT1992(1)SC526; 1992(1)SCALE249; (1992)2SCC13; [1992]1SCR545
..... is open to the commissioner of income tax to claim privilege, in respect of any document or record so summoned by a court of law, under sections 123 and 124 of the indian evidence act 1872 and even then it is for the court to decide whether or not to grant that privilege. ..... by section 9 of the taxation laws (amendment) act of 1960, section 59-b was inserted in the 1922 act with effect from april ..... the effect of introduction of section 59-b by taxation laws (amendment) act 1960 was that it entitled a person to make an application to the commissioner to obtain information thereafter as to the amount of tax determined, as payable by an assessee in respect of any assessment made on or before april 1,1960, ..... the questions referred by the learned single judge to the full bench revolved around the scope and effect of the provisions of sections 54 and 59b of the indian income tax act 1922 (hereinafter referred to as the '1922 act') and sections 137 and 138 of the income tax act 1961 (hereinafter referred to as the '1961 act') as amended from time to time in 1964 and 1967 in the context of the claim of privilege by the income tax department for the production of ..... appreciation of the question debated before us, it would be desirable to refer to the relevant provisions of the 1922 act and 1961 act, as amended from time to time, and notice the changes brought about in the matter of claim of privilege by the income tax department.section 54(1) and (2) of the 1922 act provided-as follows:54. .....
Tag this Judgment!Court : Kerala
Reported in : 1954CriLJ895
..... (act 5 of 1898) as amended by act 18 of 1923, reads as follows:the evidence of a witness (duly recorded in the presence of the accused under chapter 18) may, in the discretion of the presiding judge, if such witness is produced and examined, be treated as evidence in the case (for all purposes subject to the provisions of the indian evidence act, 1872).before the amendment the section read:the evidence of a witness duly taken in the presence of the accused before the committing magistrate may, in the ..... discretion of the presiding judge, if such witness is produced and examined, be treated, as evidence in the case.it will be noticed that act 18 of 1923 introduced two changes. ..... cr 49 (t)' and the discussion in - 'air 1926 cal 235 (i)', shows that even according to the calcutta high court the view held in those early cases cannot be held to be good law under section 288 as amended in 1923.we have already referred to the later madras view - '24 mad 414 (o)', - 'air 1923 mad 20 (p)' and - 'air 1924 mad 379 (q)', departing from the view held in the earlier ..... section 288, can only be used for the purpose of cross-examination within the provisions of section 155, evidence act .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1259; [2007(3)JCR496(Jhr)]
..... with regard to section 14 of the slaughter act, which is sought to be declared ultra vires to the main act and the indian evidence act, it is to be stated that the said provision cannot be said to be violative of the constitution as well as the indian evidence act. ..... (b) whether the provisions of section 14 of the slaughter act, which shifts the burden of proof upon the person who is prosecuted for an offence under the provisions of the slaughter act, can be said to be arbitrary and violative of the provisions of the main act as well as the indian evidence act?8. ..... this ultra vires the main act as well as the indian evidence act. ..... make it clear that the hon'ble supreme court had discussed the three articles, namely, 48, 48a and 51a(g) as contained in directive principles, which had been introduced in the body of the constitution by virtue of 42nd amendment act, 1976, with effect from 3.1.1977. ..... the said judgment does not apply to the state of jharkhand especially when the supreme court held in the said decision that amendment of the constitution should also be made for empowering the parliament to make a central law for the prohibition of slaughter of cow and its progeny and unless and until the uniform law is enacted, the prohibition ..... their lordships have discussed that when the earlier case : [1959]1scr629 was decided by the supreme court, these relevant articles were not in the body of the constitution as it was introduced by virtue of subsequent amendment.12. .....
Tag this Judgment!Court : Mumbai
Reported in : 2003BomCR(Cri)1727; 2003CriLJ2994
..... two vital aspects which need consideration - one is whether the regular rules relating to confession under the indian evidence act, 1872 vide sections 24 to 27 as well as sections 162, 164, 281 and 463 of the criminal procedure code, which have a bearing on the question of recording of statement/confession of a person whether stands excluded, and second whether the confession under section 32 of the pota made by a person is admissible only against such person or is also ..... a later point of time, the police authorities applied provisions of sections 3(3), (5), 21(2) and 22(3) of the prevention of terrorists act, 2002 ( hereinafter referred to as 'the pota' for brevity). 5. mr ..... by amending act 43 of 1993 amended section 15(1) of tada act and inserted certain provisions making confession of the co-accused recorded under the provisions of the tada act admissible in evidence against the co-accused, abettors, conspirators who are jointly tried in the same trial, and is treated as substantive evidence against ..... the crime in question and for the offences charged, the prosecution is relying on the following evidence :- (a)report, dated 26/6/2002, lodged by one bapu reddy in the police station, sironcha; (b)statement of witness tulsigir samaiya (police patil) of chittoor recorded on 9/6/2002; (c)statement of witness pocham madavi, resident of chittoor; (d)confessional statement of co-accused kamlakar olala under section 32 of the pota; (e)recovery of chit from the dump, on the basis of which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC3137(SC); 2009(3)BomCR730; JT2009(6)SC570; 2009(5)SCALE59; (2009)5SCC713:2009AIRSCW3624:2009(4)LHSC2646; 2009(2)CTC861
..... deed of sale itself and the plaintiff-appellant having failed to prove its case of creation of a leave and licence, the judgment of the trial judge is unassailable in view of the extrinsic evidence that the transaction was a sham one and, thus, could not be eschewed and for the said purpose section 92 of the indian evidence act does not debar adduction of additional evidence. ..... high court furthermore committed a serious error insofar as they failed to take into consideration that subsequent plea raised by the respondent by way of amended written statement and his evidence could not have been relied upon; particularly when he has utterly failed to prove either taking of loan or repayment thereof.12. mr. ..... during the pendency of the said appeal, the written statement was amended by inserting paragraph 25a therein which reads as under:25a) along with the said sale deed of the said dated 29/6/1978 this defendant is saying this also that this ..... the first appellate court, however, having regard to the amendment carried out in the written statement setting up a totally inconsistent plea from the one taken before the learned trial court by the respondent posed a question as to whether the ..... preferred thereagainst, inter alia, opining:it is true that initially such defence was not raised in the written statement, however, in the first appeal the amendment of the pleadings was sought and it was allowed by the court and by way of the amendment the respondent-defendant raised such contentions. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1961Mad92; 1961CriLJ382
..... the stages of investigation, on ground of the undeniable urgency of his interest in them, and the terms of section 76 of the indian evidence act, can that right be whittled down upon what seems to be insecure foundation of an implied repeal? ..... if, by the words "which any person has a right to inspect", which occur in section 76 of the indian evidence act, the legislature intended to refer to persons having an interest in such documents springing from a possibility of being affected by them, in accordance with certain well-understood common law principles to which i shall make more explicit ..... of the amendment specifically providing for the grant of copies, should, on the principle of the cases cited above, be held as impliedly taking away the right of the person under section 76 of the evidence act. ..... now under the provisions of section 173 as amended, these copies are to be granted before the commencement of the trial after the filing of the ..... a reading of the amended section would show that the parliament accepted the principle of the decision in ilr 30 mad 466, and provided for the grant of copies only after the filing of ..... amended by introducing sub-clause (4) which entitled the accused to the copy of the report of the police officer under section ..... whatever might have been the position before the amendment of the section in 1955, a righf is now created in the accused in a criminal case for obtaining copies of statements taken during the course of investigation at a particular stage .....
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