Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 section 3 amendment of section 155 Page 4 of about 20,917 results (0.367 seconds)

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... sub-section (3) of section 94 of the said act; and (b) in relation to anything done or to be done after the commencement of the constitution, mean the president; and shall include (i) in relation to functions entrusted under clause (1) of article 258 of the constitution, to the government of a state, the state government acting within the scope of the authority given to it under that clause; 1 *** (ii) in relation to the administration of a part c state 2 before the commencement of the constitution (seventh amendment ..... , namely : (a) summoning and enforcing the attendance of any person from any part of india and examining him on oath; (b) requiring the discovery and production of any documents; (c) receiving evidence on affidavits; (d) requisitioning any public record or copy thereof from any court or office; (e) issuing commissions for the examination of witnesses and documents; (f) any other matter which the president ..... the pale of reasonable controversy that if there be any unamendable features of the constitution on the score that they form a part of the basic structure of the constitution, they are that: (i) indian sovereign democratic republic; (ii) equality of status and opportunity shall be secured to all its citizens; (iii) the state shall have no religion of its own and all persons shall be equally ..... sawhney held that 50% is upper limit of reservation under 155 article 16(4), it is the law which is binding under ..... state of karnataka and others, (2002) 8 scc481 has struck down .....

Union of India (Uoi), South Central Railways Vs. Kurukundu Balakrishna ...

Court : Andhra Pradesh

Reported in : II(2004)ACC591; 2004ACJ529; 2004(1)ALD449; 2004(1)ALT100

..... though the general principles relating to the burden of proof under the indian evidence act cannot be totally ignored, the language employed in section 123(c) and section 124-a of the act may have to be given the prime importance, and if necessary all the provisions may have to be harmoniously construed ..... though the expressions 'untoward incident' and 'accidental falling' may have to be understood and interpreted in their literal sense as specified in the provisions as such, the general principles relating to the burden of proof under the indian evidence act, 1872 also cannot be totally ignored, and such principles may be harmoniously construed and' read along with these provisions, depending upon the facts of a given case.20. ..... in the light of the circumstances enumerated in the proviso to section 124-a that exempt the liability of the railway administration to compensate the death or injury suffered by a passenger, it is clear that the legislative intent underlying chapter xiii of the act as amended by act 28/94, in particular clause (c) of section 123 and section 124-a is not to provide compensation to an injury or death suffered by a passenger regardless of the causative ..... the learned division bench which made the reference by its order dated 22-10-2002 recorded the view that the act of a passenger boarding or alighting from a train in motion presumes a knowledge by the passenger that if his judgment goes wrong he is liable to fall and sustain injuries or ..... , (1949) ac 155 (hl). .....

Pijush Kanti Mondal Vs. State of West Bengal

Court : Kolkata

Reported in : (1993)2CALLT252(HC),97CWN875

..... of confiscation of a vehicle as given to the authorised officer in sub-section (3) of section 59-a of the indian forest act, 1927 as inserted by the west bengal amendment act of 1988 is more or less similar to the power given to the authorised officer under section 56(2-a) of the orissa forest act as can be gathered from the said decision of the orissa high court. ..... therefore evident that the legislature by amendment has taken away the general power given by section 53 to release a vehicle or other things mentioned in the said section on bond in respect of cases coming within the ambit of section ..... the authorised officer has a discretion whether or not to order confiscation as is evident from the word 'may' appearing therein even when he is satisfied that a forest offence has been committed in respect of any timber or other forest produce which is the property of the state government and which has been produced before him under sub-section (1) of section 59-a, but here also no express power has been given to the authorised officer to impose fine ..... on considering the evidence and the materials on record both the authorised officer and appellate court (the additional district judge) found that the vehicle in question carried without proper authority forest produce obtained ..... it is also in evidence that the jogans (used for loading and unloading) were brought in that morning by the labourers of the truck from one dhirendra chandra sarkar who is a resident of the locality which fact .....

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 .....

Abdul Kuddus Vs. Union of India

Court : Supreme Court of India

..... this reasoning formed the basis to strike down provisions of the illegal migrants (determination of tribunals act, 1983) ( the imdt act for short) as ultra vires the constitution of india, primarily on the ground that the offending act did not contain any provision similar to section 9 of the foreigners act which stipulates that the burden of proof as to whether any person is or is not a foreigner lies upon the said person notwithstanding anything contained in the indian evidence act, 1872. ..... pleaded that the national consumer disputes redressal commission cannot examine complicated questions of facts which require examination and cross-examination of experts including doctors and that the procedure followed for determination 4 air1962sc16215 (2002) 6 scc635civil appeal arising out of slp (c) no.23127 of 2018 page 23 of 27 of consumer disputes being summary in nature is not suitable for determination of complicated questions, this court rejected these contentions and held that under the ..... union of india2 ( sarbananda sonowal (ii) for short) had struck down the foreigners (tribunals) amendment order 2006 inter alia for several reasons including those mentioned and which had found favour in sarbananda sonowal ..... special provisions as to national register of indian citizens in the state of assam (1) nothing in rule 4 shall, on and after the commencement of the citizenship (registration of citizenship and issue of national identity cards) amendment rules, 2009, apply to the state of .....

Md. Alamgir Sani Vs. State of Assam

Court : Guwahati

..... a conjoint reading of provisions of section 304b of the indian penal code and section 113b of the indian evidence act would go to show that the scheme introduced to combat the evil of dowry death by the amendment introduced by the dowry prohibition (amendment) act, 1986, is that whenever there is an unnatural death of a woman within seven years of her marriage and there is a proof of cruelty or harassment of the woman by her husband or any relative of her husband for or in connection with any demand ..... section 113b has also been introduced in the indian evidence act, 1872 by the dowry prohibition (amendment) act, 1985. ..... the raising of such a legal provision has also been made permissible under the provisions of the indian evidence act by insertion of section 113b to the said act. ..... ' section 304b was inserted in the indian penal code by the dowry prohibition (amendment) act, 1986. ..... in other words, once the ingredients necessary to attract section 304b of the indian penal code are present the presumption permitted to be drawn by section 113b of the evidence act automatically come into force and will be acted by the court subject to, of course, any rebuttal evidence that may be adduced by the defence. ..... whether the injuries were homicidal or suicidal and whether there is any positive evidence to link any of the injuries to any particular act on the part of the accused, is totally irrelevant to sustain the change under section 304b of the indian penal code. mr. .....

Dilbhajan Singh Vs. State of Punjab

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. .....

Sawai Madhopur Oil and Pulse Industries and ors. Vs. State of Rajastha ...

Court : Rajasthan

Reported in : 2001(3)WLC419; 2003(1)WLN255

..... 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.it was argued by the learned counsel for the petitioners that the impugned amendment trenches upon some of the provisions of evidence act, ipc and cr.p.c. ..... in that case, writ petitions were filed challenging to the constitutional validity of certain sections of the tamil nadu prohibition act and amended act, 1983 and the tamil nadu liquor transit rules, 1982 framed thereunder. ..... krishna lal and others (supra), the supreme court was considering the validity of insertion of sections 57-a and 57-b by kerala abkari (amendment) act, 1984 and the legislative competence of the state and the supreme court held that the provisions, covered by entry-8, read with entries 64 and 65 of list-ii of schedule-vii to the constitution being in pith and substance ..... however, the state legislature has promulgated the rajasthan excise (amendment) ordinance, 2000, whereby section 54a has been inserted and section 69 of the act has also been amended and as per amended sub-section (6) of section 69 of the act, it has been provided that whenever any means of conveyance is seized in connection with commission of an offence under the act, the excise commissioner or any officer authorised in this behalf by the state government shall have, and, notwithstanding anything contained in any law for the .....

Sri Santi Lal Saha Vs. Sri Sudhir Kumar Roy

Court : Kolkata

Reported in : (1987)0CALLT230(HC),92CWN215

..... plaintiff for the suit premises cannot be estopped from challenging the title and ownership of the plaintiff in the suit premises and that the plaintiff cannot invoke section 116 of the indian evidence act on its terms against the plaintiff and that accordingly defendent's application for amendment of the written statement which also challenges the title and ownership of the plaintiff in the suit premises was entertainable by the first appellate court and was ..... there may be other kinds of estopped as between such landlord and tenant even though the case may not come within the meaning of section 116 of the indian evidence act, if the tenant attorns to the assignee landlord and pays rent to such assignee landlord not by mistake or in ignorance. ..... it has already been stated that under section 116 of the indian evidence act which deals with estoppel of tenant, a tenant who had been let into possession by the lessor, is estopped from denying his lessor's title however defective it may be so long as he has not openly restored posession by surrender to ..... the plaintiff in the instant case not being the original landlord but claiming title by purchase from the original landlord is not entitled to invoke section 116 of the indian evidence act on its terms. ..... under section 116 of the indian evidence act the defendant is estopped from denying the title of his lessor, anadilal mukherji to the suit premises at the beginning of the tenancy during the continuance of the tenancy. .....

Commissioner of Income-tax (Central) Vs. B.P. (India) Ltd.

Court : Kolkata

Reported in : [1979]116ITR440(Cal)

..... (4) 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 change not being merely a 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 ..... already been paid in respect of the income, profits and gains of the previous year exceeding the amount payable on the basis of such assessment, a refund shall be given of the difference : provided that sub-sections (3) and (4) shall not apply- (a) to super-tax except where the income, profits and gains of the business, profession or vocation were assessed to super-tax for the first time either for the year beginning ..... 1967]66itr680(sc) in which there is an observation that' section 6 of the general clauses act will not apply because section 297(2) evidences an intention to the contrary and section 297(2) was meant to provide as far as possible for all contingencies which may arise out of the repeal of the 1922 act'. ..... be at liberty to lead such evidence in support of their respective contentions as they think necessary to substantiate the case on facts that the relief claimed under section 25(3) is legally justified.' 5. ..... as is evident sub-section (3), with which we are mainly concerned in this reference, dealt .....