Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 section 3 amendment of section 155 Court: supreme court of india Page 1 of about 1,650 results (0.289 seconds)

M/S. Dagi Ram Pindi Lall and Another Vs. Trilok Chand JaIn and Others

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. .....

Vimal Chand Ghevarchand JaIn and ors. Vs. Ramakant Eknath Jajoo

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. .....

Ram Kishore Sen and ors. Vs. Union of India and ors. (Uoi)

Court : Supreme Court of India

Reported in : AIR1966SC644; [1966]1SCR430

..... the appellants to show that what is attempted to be done by the respondents in pursuance of the provisions of the amendment act is illegal or unconstitutional; and if they are not able to produce evidence in support of their plea, they cannot require the respondents to show that the plea made by the appellants is untenable ..... indian evidence act ..... , however, described as comprising the territories which immediately before the commencement of this constitution were comprised in the corresponding province and the territories which, by virtue of an order made under section 290a of the government of india act, 1935, were immediately before such commencement being administered as if they formed part of that province. ..... the said section reads thus :- 'administration of certain acceding states as a chief commissioner's province or as part of a governor's or chief commissioner's province :- (1) where full exclusive authority, jurisdiction and powers for and in relation to governance of any indian state or any group of such states are for the time being exercisable by the dominion government, the governor-general may be order direct - (a) that the state or the group of states shall be ..... will remain connected at present with indian territory and will remain with india. ..... the said section provides that :- 'statements of facts in issue or relevant facts, made in published maps or charts generally offered for public sale, or in maps or places made under the authority of the central government or any .....

P.N. Krishna Lal and ors. Vs. Govt. of Kerala and anr.

Court : Supreme Court of India

Reported in : JT1994(7)SC608; 1995(1)KLT172(SC); 1994(5)SCALE1; 1995Supp(2)SCC187; [1994]Supp5SCR526

..... that case like the facts of this case, it was argued that sections 4(2) and 28 to 32 of madras prohibition act, 1937, were void under section 107(1) of the government of india act, 1935 on the contention that they were repugnant to the provisions of the indian evidence act and the crpc, 1898 and to article 14 of the constitution. ..... therefore, by operation of proviso to clause (2) of article 254, the amendment act prevails over the relevant provisions in the indian evidence act, ipc and the code in relation to the state of kerala. ..... the governor on november 1, 1982, bringing on statute sections 57a and 57b and the ordinance was replaced by the amendment act with retrospective effect from the said date, sections 57a and 57b read thus: 57-a. ..... doctrine of reading down sub-section(5) of section 57-a is not applicable to the situation arising under the amendment act. ..... the amendment act was enacted to meet the menace, as section 57 was not ..... sections 299 and 300 of ipc make a distinction between culpable homicide and murder but the amendment act has done away with this salutary distinction and mere death of a person by consumption of adulterated arrack, makes the offender liable for conviction and imprisonment for life or penalty of ..... 4637/89 and batch since upheld the constitutionality of sections 57a and 57b inserted by the abkari (amendment) act 21 of 1984 in the amendment act into the abkari act i of 1077 (for short 'the act'), the correctness of that judgment is questioned in this appeal. .....

Puran Chand Vs. State of H.P.

Court : Supreme Court of India

..... led her to the extent of committing suicide which she miraculously escaped, it would be a travesty of justice if we were to disbelieve her version which would render the amendment and incorporation of section 114a into the indian evidence act as a futile exercise on the part of the legislature which in its wisdom has incorporated the amendment in the indian evidence act clearly implying and expecting the court to give utmost weightage to the version of the victim of the offence of rape which definition includes also the ..... if this view of the matter is taken into account relying upon the amended section 114-a of the indian evidence act which we clearly do, then even if there had been a doubt about the medical evidence regarding non rupture of hymen the same would be of no consequence as it is well settled by now that the offence of rape would be held to have been proved even if there is an attempt of rape on the woman and not the actual ..... if this were to be accepted, we fail to understand and lament as to what is the need of incorporating an amendment into the indian evidence act by incorporating section 114a which clearly has been added to add weight and credence to the statement of the victim woman who suffers the offence of rape and a claustrophobic interpretation of this amended provision cannot be made to infer that the version of the victim should be believed relating merely to consent in a case where the offence of rape is proved by other evidence on record. .....

Hira Lal and ors. Vs. State (Govt. of Nct) Delhi

Court : Supreme Court of India

Reported in : AIR2003SC2865; 2003(2)ALD(Cri)184; 2003CriLJ3711; 105(2003)DLT705(SC); II(2003)DMC206SC; 2003(69)DRJ714; JT2003(7)SC596; RLW2003(4)SC541; 2003(5)SCALE445; (2003)8SCC80; 200

..... dowry prohibition (amendment) act 1986 brought about sweeping change sin the penal statutes, and sections 304-b of the indian penal code, 1860 (in short the 'ipc') and section 113b of indian evidence act, 1872 (in short the 'evidence act') came to be enforced.3. ..... substantive section 498-a ipc and presumptive section 113-b of the evidence act have been inserted in the respective statutes by criminal law (second amendment) act, 1983. ..... both section 304-b ipc and section 113-b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.explanation - for the purpose of this section 'cruelty' means -(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or(b) harassment of the woman where ..... the expression 'soon before her death' used in the substantive section 304-b ipc and section 113-b of the evidence act is present with the idea of proximity test. ..... since the appellants 1 and 2 were released on bail pursuant to the order dated 25.10.2002, they shall, surrender to serve out the remainder of the sentence, if not already served. .....

Oma Ram Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Reported in : JT2008(6)SC290; 2008(7)SCALE158; (2008)5SCC502; 2008AIRSCW3595; 2008(5)SCC502; 2008(3)Supreme207; 2008(4)LH(SC)2575

..... , by operation of proviso to clause (2) of article 254, the amendment act prevails over the relevant provisions in the indian evidence act, ipc and the code in relation to the state of kerala.11. ..... , 2000 which was later on substituted by the amendment act along with section 54a, section 69 has also been amended and as per amended sub-section (6) of section 69 it has been provided that whenever any means of conveyance is seized in connection with commission of offence under the act, the excise commissioner or any officer authorized in this behalf by the state government shall have and notwithstanding anything contained in any law for the time being in force, any court, tribunal or other ..... so far as amendment act, 2000 is concerned it received assent of the governor on 3.4.2000 by which section 54a was inserted and amendments were made in section 69 of the existing provisions and sub-sections 4 to 9 were inserted and earlier amendments were made in section 9-b which has been quoted above.10. in ..... order of confiscation made by the excise commissioner or any officer authorised by the state government in this behalf, shall not prevent the infliction of any `punishment to which the person affected thereby is liable under this act.section 9b of the act which was introduced in the gazette notification dated 31.7.1998 reads as follows:bar of jurisdiction of civil courts; no civil court shall have jurisdiction to entertain any suit or proceeding to set aside or modify;(a) any original order .....

Chandran @ Manichan @ Maniyan, and ors. Vs. State of KeralA.

Court : Supreme Court of India

..... shri radhakrishnan, however, pointed out that the evidence of this witness is in the nature of evidence of an accomplice and has to be red in the light of section 133 and section 114b of the indian evidence act and that he also reiterated the settled principles that an accomplice must be tested with respect to his reliability and if he is unreliable his evidence cannot be the basis of the prosecution case. ..... (5) notwithstanding anything contained in the indian evidence act, 1872 (1 of 1872)-(a) where a person is prosecuted for an offence under sub section (1) or sub-section (2) the burden of proving that he has not mixed or permitted to be mixed or, as the case may be, omitted to take reasonable precautions to prevent the mixing of, any substance referred to in that sub-section with any liquor or intoxicating drug shall be on him;(b) where a person is prosecuted for an offence under sub-section (3) for being in possession of any liquor or intoxicating drug in which any ..... ultimately, in paragraph 53 the court noted the object of the amendment act which was to put down the menace of adulteration of arrack etc. ..... all the accused-appellants stood convicted by the sessions judge, kollam by its judgment dated 16.7.2002 for various offences punishable under sections 120b, 302, 307, 326, 328 and 201 read with section 34 of the indian penal code (ipc) as also under sections 55 (a) (g) (h) (i) , 57a and 58 of the abkari act. .....

Hardeep Singh Sohal, Etc. Vs. State of Punjab Through C.B.i.

Court : Supreme Court of India

Reported in : 2004(2)ALD(Cri)1005; 2004CriLJ4627; 2005(1)CTC350; JT2004(8)SC87; RLW2004(4)SC607; 2004(8)SCALE257; (2004)11SCC612

..... certain confessions made to police officers to be taken in consideration -(1) notwithstanding anything in the code or in the indian evidence act, 1872 (1 of 1872), but subject to the provisions of this section, a confession made by a person before a police officer not lower in rank than a superintendent of police and recorder by such police officer either in writing or on any mechanical device like cassettes, tapes or soundtracks from ..... section 15 of the tada act as amended by act 43 of 1993 clearly stipulates that the confession recorded under section 15 of the tada act is admissible only if the confession recorded under section 15 of the tada act is admissible only if the confessor is charged and tried in the same ..... prior to the amendment act 43 of 1993, if a confession had been made by a co-accused that the accused had committed such offence, ..... of section 21 of the tada act was deleted and original section 15 of the tada act also was amended by the very same act. ..... on the other hand, the decision clearly states that after the amendment, the designated court could use the confession of one accused against another accused only if the following two conditions are fulfilled:(1) the co-accused should have been charged ..... it was amended and the amended provision is ..... after the amendment of 1993, the addition of the words 'co-accused, abettor or conspirator' and the insertion of the new 'proviso' to the effect that 'the co-accused, abettor or conspirator is charged or tried together with .....

Ritesh SinhA. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

..... in ram babu misra, this court restricted the scope of section 73 of the indian evidence act and took-out from the purview of section 5 of the identification of prisoners act, 1920 (for short, "the prisoners act), handwritings and signatures. ..... directing any person to be photographed shall be made except by a metropolitan magistrate or a magistrate of the first class.4) no order shall be made under this section unless the person has at some time been arrested in connection with such investigation or proceeding.5) where a court has taken cognizance of an offence a magistrate shall not under this section, give to the person accused of the offence any direction which could, under section 73 of the indian evidence act 1872, be given by such magistrate."41. ..... as vitiating the consent of the accused in giving these specimen handwritings?c) whether a direction given by a court to an accused present in court to give his specimen writing and signature for the purpose of comparison under section 73 of the indian evidence act infringes the fundamental right enshrined in article 20(3) of the constitution?13. ..... can be examined by modern and scientific techniques.voice sample specifically has not been included as one of the tests in the said explanation even though the amendment was made in 2005 when parliament was well aware of such test being available and, has, therefore, been intentionally omitted. ..... 2003] 1 all sa 22 (sca) (28th november 2002)] because it throws some light on the issue involved .....