Court : Supreme Court of India
Reported in : AIR2007SC166; 2007(6)ALLMR(SC)930; 2007(4)AWC4121(SC); (SCSuppl)2007(4)CHN97; 2008(3)CTC457; JT2007(12)SC49; 2008(1)MPHT156(SC); 2007(11)SCALE705; (2007)8SCC514; 2007AIRSCW6368
..... penalty will not render secondary evidence admissible, for under the stamp law penalty is leviable only on an unstamped or insufficiently stamped document actually produced in court and that law does not provide for the levy of any penalty on lost documents.this court had an occasion again to consider the scope and ambit of sections 33(1), 35 and 36 of the act and section 63 of the indian evidence act in jupudi kesava rao v ..... secondary evidence either by way of oral evidence of the contents of the unstamped document or the copy of it covered by section 63 of the indian evidence act would not fulfil the requirements of the proviso which enjoins upon the authority to receive nothing in evidence except the ..... and thus he was unable to produce the original document dated 28.3.1988, but was in possession of a photostat copy of the agreement and made a prayer for receipt of the photocopy of the agreement as secondary evidence under section 63 of the indian evidence act, 1872. ..... amendment) act ..... garu, 26 ind app 262, where it was observed:the provisions of this section (section 35) which allow a document to be admitted in evidence on payment of penalty, have no application when the original document, which was unstamped or was insufficiently stamped, has not been produced; and, accordingly, secondary evidence of its contents cannot be given. ..... further urged that the high court has committed an error in overlooking section 48-b inserted by indian stamp (madhya pradesh amendment) act, 1990 (no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(3)BomCR1010; 2006(14)SCALE174; 2007(1)LC0054(SC)
..... section 58 of the indian evidence act states that the facts admitted need not be ..... the whole or any part of the premises let to him or to assign or transfer in any other manner his interest therein and after the date of commencement of the bombay rents, hotel and lodging house rates control (amendment) act, 1973, for any tenant to give on licence the whole or part of such premises.provided that the state government may by notification in the official gazette, permit in any area the transfer of interest in premises held ..... of such a lease may, however, not be without difficulty and its existence may conceivably have adverse inheritance tax consequences.if the agreement omits any reference to such occupation rights then, in the absence of any other evidence, it will not be assumed, merely because the premises are indispensable to the partnership business, that they belong to the firm or are subject to the firm's right to (i) a lease or tenancy or, where that is still relevant, (ii) an ..... he had never signed on any document pertaining to shree medico (page 62); (iii) he had no source of income in 1966 (page 71); (iv) there is no documentary evidence to show that the said premises were acquired out of the funds of partnership firm (page 72); (v) no documentary evidence exists to show that the business of partnership was carried out at the same premises (page 82); (vi) the property was under attachment from 1969 to 1978 (page 82); (vii) the possession of the property was obtained .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009CriLJ3034; JT2009(8)SC422; 2009(6)SCALE335; 2009AIRSCW3598; 2009(4)LHSC2266
..... both section 304b ipc and section 113b of the evidence act were inserted as noted earlier by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry ..... 'soon before her death' used in the substantive section 304b ipc and section 113b of the evidence act is present, with the idea of proximity test. ..... 'soon before' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. ..... as per the definition of 'dowry death' in section 304b ipc and the wording in the presumptive section 113b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman concerned must have been 'soon before her death' subjected to cruelty or harassment 'for or in connection with the demand for ..... parliament has also inserted section 113b of the evidence act by act 43 of 1986 with effect from 1-5-1986 which reads as under ..... a conjoint reading of section 113b of the evidence act and section 304b ipc shows that there must be material to show that soon before her death the victim was subjected to cruelty ..... learned sessions judge, gurdaspur had directed acquittal of the appellant and two co-accused persons who faced trial for alleged commission of offences punishable under sections 304b and 498a of the indian penal code, 1860 (in short the 'ipc')3. ..... court pw-7 stated that the deceased was beaten and mistreated on 14.8.1992 and 15.8.2002 and no such statement was made during investigation. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001IXAD(SC)133; AIR2001SC3837; 2001(2)ALD(Cri)873; 2002(1)ALT(Cri)80; 2001CriLJ4724; II(2001)DMC636SC; JT2001(8)SC599; RLW2002(2)SC320; 2001(7)SCALE298; (2001)9SCC618
..... this provision was introduced by criminal law (second) amendment act, 1983 with effect from 26.12.1983 to meet a social demand to resolve difficulty of proof where helpless married women were eliminated by being forced to commit suicide by the husband or in-law and incriminating evidence was usually available within the four-corners of the matrimonial home and hence was not available to any one outside the ..... which could have been pardonable and turning her out of the house, also once beating her inside the house at the (sic) hours of night did amount to cruelty within the meaning of section 498a of ipc and therefore we agree with the (sic) the high court though to some extent at variance with the cause for cruel treatment that the accused-appellant subjected deceased seema to ..... the phrase 'may presume' used in section 113a is defined in section 4 of the evidence act, which says-'whenever it is provided by this act that court may presume a fact, it may either regard such act as provided, unless and until it is disproved or may call ..... , especially the dying-declaration and the suicide notes left by the deceased herself, which fall for consideration within the expression 'all the other circumstances of the case' employed in section 113a of evidence act, do not permit the presumption thereunder being raised against the accused. ..... not one which may fall under clauses, secondly and thirdly of section 107 of indian penal code. ..... the same meaning as in section 498a of the indian penal code.13. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(2)ALD(Cri)805; 1998CriLJ369; JT1997(9)SC18; 1997(6)SCALE689; (1997)8SCC732
..... . section 15 of tada provides that 'notwithstanding anything in the code or in the indian evidence act...a confession made by a person before a police officer not lower in rank than a superintendent of police...shall be admissible in the trial of such person or co-accused, abettor or conspirator for an offence under this act or rules made thereunder; provided that co- accused, abettor or conspirator is charged ..... witnesses and marking a good number of documents and after questioning each accused under section 313 of the crpc (for short 'the code') and after affording an opportunity to the accused for adducing defence evidence the designated court convicted a1, a2 and a3 under section 3(5) and section 5 of the tada and also under section 25 of the arms act, (each of them was sentenced to undergo imprisonment for life and a fine of ..... inspector general of police, delhi special police establishment & director, central bureau of investigation, new delhi being the competent authority to sanction prosecution in respect of offences under section 3(5) of tada (p) act, 1987 and 25 arms act, 1959 after fully and carefully examining the material placed before me in regard to the said allegations and circumstances of the case consider that accused subhash singh thakur, jaynendra ..... . by the same amendment act section 21 was also recast which, as it originally stood, enabled the designated court to draw a legal presumption that the accused had committed the offence 'if it is proved that a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IVAD(SC)600; AIR1998SC2203; 1998(2)ALD(Cri)24; 1998CriLJ3013; 1998(2)CTC189; JT1998(4)SC164; RLW1998(2)SC369; 1998(3)SCALE571; (1998)5SCC39; [1998]3SCR421; 1999(1)SLJ7(
..... indian evidence act ..... on 1.7.97 upholding the preliminary objection and expressing the view that the court not having been constituted under criminal law (amendment) act, 1952 hereinafter referred to as the 'act of 1952' lacked jurisdiction to take cognizance of and to try the offences in the present case. ..... high court on 24.9.1997 allowed the revision petitions and held that the special judge appointed under section 3 of the act of 1988 had jurisdiction to* entertain the chargesheet filed under the provisions of the act of 1988 with regard to the offences committed under the act of 1947 and directed the special judge to dispose of the criminal case pending on his ..... respect of rights, privileges, obligations, liabilities, penalties, forfeitures and punishment and if the repealing act or regulation had not been passed, section 58(3) of act 31 of 1950 directs that things done or actions taken in exercise of power conferred by the repealed statutes shall be deemed to be done or taken under the repealing act as if that latter act were in force on the day on which such thing was done or action was taken. ..... the present one is an afortiori case, when a special court constituted under an enactment other than the act of 1952 can continue the proceedings by virtue of section 30(2) of the act of 1988, it goes without saying that the special court constituted under the act of 1988 can take cognizance of the report filed before it and try the offences particularly when this court had in its .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC231; (1973)1SCC261; [1973]2SCR1073; 1973(5)LC513(SC)
..... amendment) act 1970 in section 11 of the indian stamp act as amended in its application to u.p. ..... clause 3 of section 3 of the amendment act of 1969 amended article 30 of the act. ..... it is difficult to escape the conclusion that the levy of stamp duty by means of the stamp amendment acts in the state of uttar pradesh was not covered by any of the entries in list i and therefore it could not be said that the state was incompetent to levy the duty and prescribe the rate under entry 44 of ..... entitled as of right to practice in the high court immediately before the date on which this section comes into force in respect thereof; and (b) all other persons who have been admitted to be advocates of the high court under this act:provided that such persons shall have paid in respect of enrolment the stamp-duty, if any, chargeable under the indian stamp act, 1899, and a fee, payable to the bar council, which shall be ten rupees in the ..... entitled as of right to practice throughout the territories to which the act extended in all courts including the supreme court, before any tribunal or person legally authorised to take evidence and appear before any other authority or person before whom such advocate was by or under any law for the time being in force entitled to practice. ..... section 14 conferred a right on the advocates, inter alia, to practice in the high court of which they were advocates and appear before any other tribunal or person legally authorised to take evidence.6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1151; 2001(49)BLJR1177; JT2001(3)SC82; 2001(1)KLT860(SC); (2001)3MLJ43(SC); RLW2001(2)SC177; 2001(2)SCALE184; (2001)4SCC325; [2001]2SCR43; 2001(1)LC567(SC)
..... in the case of wills made by any hindu, buddhist, sikh or jaina where such wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying, after the commencement of the indian succession (amendment) act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the high courts at calcutta, madras and bombay and ..... the scope of section 213(1) of the act is that it prohibits recognition of rights as an executor or legatee under a will without production of a probate and sets down a rule of evidence and forms really a part ..... is that the members of the christian community are not put to any discrimination and they are compelled to obtain probate or letters of administration of the wills only by way of rule of evidence and procedure and it is intended to provide for a right of means of establishing the genuineness of a will conclusively. ..... it is thus evident from this provision that it would apply to the state of kerala in respect of the property held by the deceased but it is not clear whether the amendment would apply to the property of a testator who belongs to the state of kerala in respect of the property situated outside the state ..... the contention is that the classification has achieved social acceptance as is evident from the fact that it has been in existence in the statute book for a quite long time and it is not established that how such classification in the statute .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; [1986]1SCR731; 1986(2)LC319(SC)
..... appeal from a judgment in a second appeal decided by a judge of the high court if such judge declares that the case is a fit one for appeal has now become inoperative in view of section 100a of the cpc, 1908, which was inserted in that code by the cpc (amendment) act, 1976, under which no further appeal is to lie against the judgment of a single judge of the high court in a second appeal. ..... 'pursuant to section 108 of the government of india act' was substituted for the expression 'pursuant to section 13 of the said recited act', that is, the indian high courts act, 1861, when clause 15 was amended by ..... ', that 'it is not out of the historical ramparts that something is being put up, but a fundamental scheme', and that 'in the matters of powers of the high court, therefore, there is clear evidence that the constitution posits a break from that past and has made absolutely a new original and vital beginning. ..... not only is the wording of clause 15 unambiguous but there is strong intrinsic evidence in that clause itself to show that it applies to all jurisdictions mentioned in different clauses of the letters patent, whether preceding clause 15 or subsequent thereto, ..... the historical evidence and earlier legislations referred to above, the political, legal and constitutional position accepted and acknowledged by the constituent assembly itself when considering the draft constitution and in ..... historical evidence shows that our constitution did not make a break with the past but .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1433; [1966]59ITR753(SC); [1966]2SCR645
..... , it provides : 'where the person who was at the commencement of the indian income-tax (amendment) act, 1939 (vii of 1939), carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the charge not being a merely change 'in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the income, profits and gains of the ..... the departmental authorities held that the assessee was at the commencement of the indian income-tax (amendment) act 7 of 1939 not carrying on business, and that it succeeded to the business on april 1, 1943 ..... in assessment proceeding for 1943-44 the assessment contented that the firm messrs hakam mal tani mal was dissolved on march 31, 1939, before the income-tax (amendment) act, 7 of 1939 had came into force and the first succession to the business after april 1, 1939, was in march 1943, when the assessee was dissolved and on that account the assessee was entitled to relief ..... jodha mal kuthiala, abdullapur depot, simla) was not entitled to the benefit provided in section 25(3) or 25(4) of the income-tax act in relation to the assessment in question ?' 3. ..... in the absence of other evidence, it may be held that the business of messrs. ..... the date of the oral agreement constituting a separate partnership of the assessee is not set out in the instrument, and there is no other evidence in that behalf. .....
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