Court : Mumbai
Reported in : 1995(4)BomCR565; (1996)ILLJ101Bom
..... however, the learned counsel appearing on behalf of the respondents submitted that to settle controversy once for all, about the constitutional validity of the provision of section 31(2)(a) of the beedi workers act, 1966 and rule 32 as amended in the year 1977 under the beedi workers rules, 1968 on merits with reference to the contentions raised by the learned counsel for the petitioner-employer, may be examined. ..... of the indian evidence act is not exhaustive, and is for the purposes of that act. ..... the appellate authority in hearing the appeals under section 31(2) of the beedi workers act, though may decide the appeals after following the procedure of judicial enquiry and cover the spot inspection, examination of documents witnesses and other evidence as produced by the parties and for the said purpose enjoys the same powers as are vested in the appellate authority under the industrial disputes act so far as they are applicable in deciding such ..... be followed by appellate authority courts in deciding appeals - the appellate authority in deciding appeals under sub-section (2) of section 31 of the act may follow the procedure of judicial inquiry and cover the spot inspection, examination of documents, witnesses and other evidences produced by the parties. ..... authority in deciding appeals under sub-section (2) of section 31 of the act may follow the procedure of judicial inquiry and cover the spot inspection, examination of documents, witnesses and other evidences produced by the parties. .....
Tag this Judgment!Court : Mumbai
Reported in : 2007CriLJ2207
..... in section 5(1) of the amending act to compel the special judge to comply with the provisions of section 200 ..... the case may be, the holder, in due course of the cheque;(b) such complaint is made within one month of the date on which the cause of action arises under clause (c) of the proviso to section 138:(provided that the cognizance of a complaint may be taken by the court after the prescribed period, if the complainant satisfied the court that he had sufficient cause for not making a complaint within such period ..... and the witnesses, if any, the magistrate if he does not want to postpone the issuance of process has to dismiss the complaint under section 203 if he comes to the conclusion that the complaint, the statement of the complainant and the witnesses have not made out sufficient ground for ..... testing the truth and surfacing the fact which is the object of sworn statement of the complainant or evidence of the complainant and the witnesses, as contemplated by section 200 of criminal procedure code, the procedure prescribed would enable the judge to act on the basis of affidavit of the complainant and the bank slip then filed in the court along ..... it is clear from this provision that in so far as the offences under laws other than the indian penal code are concerned, the provisions of the code of criminal procedure apply in their full force subject to any specific or contrary provision made by the law under which ..... 55 of 2002 which came into force with effect from 1-4-1989 and .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(1)BomCR375
..... 1 to 14 of 1985 filed under section 170 of the maharashtra municipalities act, 1965, before the learned judicial magistrate, first class, amalner.5. ..... 14 in its say and affidavit and to amend say and affidavit as follows:the contentions of the appellant that the declaration in form no. ..... 6 to 14 of 1991 was also accepted by the municipal council alongwith the amendments as were sought and allowed in appeal no. ..... 'it is also pertinent to note that another purshis at exhibit 112 has been filed for treating the evidence recorded in one appeal as the evidence in all other appeals. ..... though it is a fact that these amendments were not carried out, the chief officer submitted a purshis at exhibit 25 in municipal appeal no. ..... he also pointed out that the rates of vanaspati are fixed as is evident from the circular dated 20-11-1985,7. ..... he submitted that (a) there was no evidence to show that the tin containers were in fact manufactured from the tin plates and utilised as a captive requirement, (b) in the appeal memo it was admitted by the municipal council that form no. ..... 94 of 1991 decided by a 'division bench of this court on 5-4-2002, we upheld, inter alia, the company's contentions that the tin containers were manufactured from the tin plates and they were being used as captive commodity for packing of vanaspati. ..... barfi dew, : 1979(4)elt593(sc) and indian aluminium company limited v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(3)BomCR191; 2005(30)PTC160(Bom)
..... old section 5 was renumbered as section 5(1) and sub -clause (2) was added by the patents (amendment) act, 1999 and product patent for a medicine or a drug can now be applied for and it may be granted under section 5 (2) in the manner provided under ..... it is submitted that the trips contemplates provisions for 'exclusive marketing rights, whereas the amendment act, 1999 travels beyond and provides for an exclusive marketing right which enables its grantee to sell, market and ..... 2 has challenged the constitutional validity of the patents (amendment) act, 1999 in the hon'ble high court of delhi by way of writ proceedings bearing ..... certainly be against the will of our parliament as expressed in sections 24a to 24f of chapter iv a read with sub-section (2) of section 5.it is submitted that a combined reading of these provisions clearly make it clear that the holders of emr are entitled to be protected by an order of injunction against the infringers in terms of chapter xviii of the act particularly in terms of section 108 thereof it is further submitted that the plaintiffs have adduced evidence along with the plaint to show a prima facie case and ..... subject-matter of a swiss application, the 98 australian application and the 98 indian application that was relied upon for grant of the emr. ..... show that beta crystalline form of imatinib mesylate is not a new pro have admittedly come into market at best in january 2003, much after the plaintiffs had introduced their glivec in the market in 2002. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR2215; 2004(4)KarLJ189
..... the learned counsel appearing for the respondent-plaintiff submits that even when the case is posted for judgment an application for reopening the case is maintainable, which is clear from the amendment act which came into force in 1976 wherein clause (4) of order 18 rule 2 introduced reads as follows:'(4) notwithstanding anything contained in this rule, the court may, for reasons to be recorded, direct or permit any ..... cut short the delays at various levels in disposal of civil cases, cpc was amended by the amendment act of 1999 with effect from 1.7.2002. ..... order xviii and order ix rule 6 cpc which was introduced on 1.2.1977 long after the decision of the apex court, the learned single judge allowed the applications on the ground of this amendment and observed that the court may for the reasons to be recorded, direct or permit any party to examine any witness at any stage.8. ..... with an application requesting the court to advance the case from 22.6.1991 to 19.6.1991 and with another application under order 18 rule 17a read with section 151 cpc to recall the order dated 17.6.1991 and to give an opportunity to contest the suit. ..... section 151 of civil procedure code, 1908 (for short 'cpc') seeking to recall the order dated 30.5.2001 and to re-open the plaintiff's side to lead further evidence ..... indian bank are that the plaintiff- ..... indian bank, : ilr1996kar553 ) following the decision of the supreme court reported in : [1964]5scr946 and the subsequent decision reported in ilr 2000 kar 820 .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2009KAR510:2009(1)KCCR824:2009(2)AIRKarR1:AIR2009NOC1169.
..... the application for exercise of power under proviso to rule 3 of order 23 can be labelled - under section 151 of the code but when by the amending act specifically such power has been vested in the court before which the petition of compromise had been filed, the power in appropriate cases has to be exercised under the said ..... when the amending act introduced a proviso along with an explanation to rule 3 of order 23 saying that where it is alleged by one party and denied by other that an adjustment or satisfaction has been arrived at, 'the court shall decide ..... petition was signed by the defendant in the said suit (plaintiff herein), whether the compromise is lawful, whether there was impersonation and fraudulent acts and whether the decree passed therein is not lawful, is a matter which is required to be decided by the court which passed the said ..... -an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not be deemed to be lawful within the meaning of this rule.rule 3a of order xxiii cpc was also added in order xxiii with effect from 01.02.1977, which ..... allegations of impersonation and fraudulent acts on the part of defendant can be established in separate suit and hence, the present suit was filed and prosecuted and the bar under rule 3a of order xxiii cpc does not operate and the suit being maintainable, has rightly been decreed by the trial court and affirmed by the first appellate court, by considering the evidence on record. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2005(3)CTC25
..... the possible objections to the recourse to rule 4 aforementioned appear to be the following:(i) though it is provided that the examination-in-chief of a witness shall be on affidavit, there is no corresponding amendment brought to the indian evidence act which enables collection of evidence through affidavit. ..... rule 4 of order 18 of the code was substituted by amendment act, 19.99 and after amending it reads as under,'recording of evidence by commissioner.4(1) in every case, the evidence of a witness of his examination-in-chief shall be given by affidavit and copies thereof shall be supplied to the opposite party by the party who calls him for evidence. ..... the learned counsel for the petitioners submits that affidavits presented to any court are not at all governed by the evidence act in terms of section 1 and in terms of section 3 it is not included in evidence, therefore interpretation cannot be placed on order 18, rule 5 that examination-in-chief can be filed by way of affidavits. ..... 'in para-18 it held,'we may notice that rule 4 of order 18 was amended with effect from 1.7.2002 specifically provided thereunder that the examination-in-chief in every case shall be on affidavit. ..... two writ petitions were filed directly challenging the amendments made to the code by the amendment act 46 of 1999 and amendment act 22 of 2002. ..... first judgment was delivered on 25.10.2002 and the subsequent judgment on 18.11.2003 ..... union of india, 2002 (4) ctc 505 was given by a 3-judge ..... 4495 of 2002 in e. p. no .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(1)ALD(Cri)512; 1996(2)ALD(Cri)418; 1996(2)ALT522; 1996CriLJ4169
..... ' the indian evidence act, 1872 has also undergone an amendment and section 113b has been inserted therein by the said amendment act which reads as follows :- '113b. ..... the indian penal code has received a new provision by way of an amendment by act no. ..... amendment in the said section by act 46/1983 has left no manner of doubt that in the cases involving suicide by woman within 7 years of her marriage or in the case of the death of a woman within seven years of her marriage in any circumstances have to be treated on a different footing and all precautions have to be taken to ensure that in case it is found to be a dowry death, the presumption as contemplated under section 113b of the evidence act is not lost sight of and prosecution is launched if it is found to be a case of dowry death. ..... 1961 are strictly enforced and all necessary measures are taken to give effect to the presumption under section 113b of the evidence act and section 304b of the indian penal code. ..... explanation : for the purpose of this section 'dowry death' shall have the same meaning as in section 304b of the indian penal code (45 of 1860). ..... facts as above clearly show that jillapet poti police, jalgaon only acted under section 174 of the code of criminal procedure to inquire and report on suicide and not the case of dowry death or the alleged murder along with the offence under sections 3 and 4 of the dowry prohibition act, 1961. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1959AP280
..... that judgments in personam cannot be construed as being conclusive against persons not parties thereto, is borne out by the scheme of the indian evidence act from sections 40 - 44. ..... it was held in that case that a suit by a creditor to avoid an alienation under section 53, of the transfer of property act is governed by article 120 and not by article 91 of the indian limitation act, we are unable to see how this case can be of any assistance to the argument of the learned counsel. ..... 'it is not necessary to refer to the amendment to section 53 of the transfer of property act and of the impact of that amendment on the nature of a suit filed by defeated attaching creditor for the purpose of avoiding a transfer as being effected with intent to delay or defraud the creditors for the simple reason that the suit was filed long prior to the amendment and as the law then stood it was not obligatory on the part of a plaintiff in a suit under order 21 rule 63 c. p. c. ..... the suit was instituted prior to the amendment of section 53 of the transfer of property act by act 20 of 1929 which made it mandatory that the suit filed for the purpose of avoiding a transfer under section 53 should be instituted on behalf of and for the benefit of the entire body of the creditors. ..... prior to this amendment, there was a conflict of judicial opinion as to whether a suit to set aside a transfer on the ground that it was made to defeat the creditors should be filed in a representative capacity or not. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1973CriLJ1230
..... power of the high court to make such orders as may be necessary to give effect to any order under this code, or to prevent abuse of the process of anv court or otherwise to secure the ends of justice.section 561-a was enacted by section 156 of the code of criminal procedure amendment act. ..... and the advocate-general contended before us that the allegations in the complaint and the deposition of the complainant taken at their face value do not prove the ingredients of section 403 of indian penal code, that the alleged entrustment was denied by the late nizam himself consistently since the year 1957 and the demand for the properties of late sardar begum was made ..... of the accused-petitioner, that the facts alleged in the complaint and the sworn deposition even if taken at their face value and in their entirety do not constitute an offence punishable under section 403 of the indian penal code and to allow the proceedings to continue would serve no useful purpose except harassing the accused-petitioner. ..... no evidence that any attempt was made by them till their death to proceed against the then nizam in a criminal court for criminal misappropriation or criminal breach of trust punishable under sections 403 and 409 of the indian penal ..... according to the counsel all the ingredients of section 403 of the indian penal code have been alleged and there is sufficient evidence to prove the guilt of the accused who has misappropriated the iewellery by selling the same at bombay and converted that .....
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