Court : Supreme Court of India
..... exercise of statutory powers. this finding in our opinion 9 is clearly perverse in view of section 114(e) of the indian evidence act 1872, which provides that there shall be a presumption that all official acts have been regularly performed. the onus lies on the person who disputes the same to prove otherwise.13. this court in ..... lapse of thirty years. in order to obviate such difficulties or improbabilities to prove execution of an old document, section 90 has been incorporated in the evidence act, 1872 which does away with the strict rule of proof of private documents. presumption of genuineness may be raised if the documents in question is produced from proper ..... admissibility in evidence of thirty years old documents produced from proper custody observed as follows : 14. it will be appropriate to refer to section 90 of the evidence act, 1872 which is set out hereunder: 90. presumption as to documents thirty years old. where any document, purporting or proved to be thirty years old, is .....
Tag this Judgment!Court : Supreme Court of India
..... the opinion of the authority, necessary for the smooth flow of traffic on such highways; (g) form one or more companies under the companies act, 1956 (1 of 1956) to further the efficient discharge of the functions imposed on it by this act; (h) engage, or entrust any of its functions to, any person on such terms and conditions as may be ..... (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for the protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the state if such direction had not been ..... errors apparent on the face of the record and should the report be held to be an outcome of non application of mind; (xiii) whether guidelines prescribed in the indian highway capacity manual were ignored while preparing the draft feasibility report; (xiv) whether on account of the reduction of the right of way in various sections including the .....
Tag this Judgment!Court : Supreme Court of India
..... of a scheme of amalgamation, concluded in 2018, the indian commodity exchange 3 limited (for short icel ), who is the appellant before us, emerged as the successor of nmce.5. respondent no.1 herein, neptune overseas limited (for short nol ) is a company registered under the companies act, 1956 dealing with export/import and trading in various ..... commodities including rubber. this company is the core promoter of nmce, being its largest shareholder with 30.18% shareholding. the role of mr. kailash ..... with law.20. the appeals before this court have emanated under section 15z of the securities and exchange board of india act, 1992 civil appeal no.9037 of 2019 having been filed by the indian commodity exchange limited (the successor of nmce) while civil appeal no.629 of 2020 is by the sebi, the .....
Tag this Judgment!Court : Supreme Court of India
..... cdpl. mr sankaranarayanan submitted that the three appellants represent the interest of three distinct individuals connected with three different companies. 31 mr sankaranarayanan has supported the submissions on the essential requirements of section 107 of the ipc by relying on the decisions in madan mohan singh vs state of gujarat10, sunil bharti mittal vs central bureau ..... which took place on 29 april 2020 on the appellant s new channels, in which the appellant referred to a gathering of migrant workers at the bandra railway station during the covid-19 pandemic, and attempted to connect a place of religious worship with this 5 writ petition (crl.) no.130 of 2020 11 ..... dalveer bhandari, observed: 25. abetment involves a mental process of instigating a person or intentionally aiding a person in doing of a thing. without a positive act on the part of the accused to instigate or aid in committing suicide, conviction cannot be sustained. the intention of the legislature and the ratio of the .....
Tag this Judgment!Court : Supreme Court of India
..... thereof, and shall be entitled to exercise the powers conferred on railway servants by or under that act . section 11 which defines duties of every superior officer and member of ..... central government to constitute and maintain the railway protection force for the better protection and security of railway property. by section 10, the inspector general and every other superior officer and member of the force shall for all purposes be regarded as railway servants within the meaning of the indian railways act, 1890, other than chapter vi-a ..... and unambiguous but, being part of the statute, it prima facie furnishes some clue as to the meaning and purpose of the section (vide bengal immunity company limited v. state of bihar [(1955) 2 scr603).60.secondly, it is only an officer referred to in section 42 who may use the powers given .....
Tag this Judgment!Court : Supreme Court of India
..... origins lay in the sachkhand hazuri khalsa diwan association society which was initially registered under the hyderabad societies registration act of 1350 fasli6. this body was initially registered as a society with the registrar of company law and co-operative societies of the then government of hyderabad under registration no.22 of 1951. the memorandum of association ..... present group of appeals is concerned is a statutory body. this was created when the hyderabad legislative assembly enacted the nanded sikh gurudwara sachkhand shri hazuri apchalnagar sahib act 1956. the statute has defined the expression gurudwara under section 2(c) to mean the institution known as nanded sikh gurudwara sachkhand shri hazuri apchalnagar sahib and ..... for the animals of the gurudwara. leper asylum the promotion of the study of the gurumukhi or any other language and the cultivation of the indian arts and 5 board under section 53 in the event, inter alia, of a default in the performance of duty or where it has .....
Tag this Judgment!Court : Supreme Court of India
..... d) receiving and delivering, transporting and booking and despatching goods originating in the vessels in the port and intended for carriage by the neighbouring railways, or vice 18 versa, as a railway administration under the indian railways act, 1890 ( 9 of 1890); (e) piloting, hauling, mooring, remooring, hooking, or measuring of vessels or any other service in ..... reconciling that clause with another clause containing the legislative power of the state see pages 696 to 700.33. in central india spinning and weaving and manufacturing company, ltd. v. the municipal committee, wardha 1958 scr1102 this court, in the context of a terminal tax, relied upon the dictum of chief justice ..... 1 in two later judgments of the us supreme court, michelin tire corporation v. wages 423 u.s. 276 (1976) and limbach v. hoover & allison company 466 u.s. 353 (1984), judgments following brown (supra) enunciating the original package doctrine were reversed, stating that non-discriminatory taxes which did not fall .....
Tag this Judgment!Court : Supreme Court of India
..... civil appeal nos. 7164 and 7165 of 2013: relevant background 5. the assessee is a company incorporated under the companies act, 1956 and is engaged in the business of manufacture of beer and imfl products on the strength of license issued under the tamil nadu indian made foreign spirits (manufacture) rules, 1981 in its factory located at no.7, selva ..... -using such bottles. the learned senior counsel has referred to the tamil nadu brewery rules, 1983 and the tamil nadu indian made foreign spirits (manufacture) rules, 1981 to 9 hereinafter also referred to as the haryana act . 14 submit that it is manufactured beer/imfl, which is filled in bottles in a separate bottling section and, ..... dated 9.11.1989 and 27.12.2000 issued in favour of the petitioner company by the special commissioner of commercial taxes, chennai, in view of section 28a of the act?.; and (iii) whether cash discount on the price offered by the petitioner company to the tasmac is taxable in view of explanation 2(iii) to section 2 .....
Tag this Judgment!Court : Supreme Court of India
..... 5, inter alia, for the reason that such power of attorney is to be treated as conveyance within the meaning of article 23 of the indian stamp act, 18992 as amended by orissa act no.1 of 2003 w.e.f. 20th january, 2003. the amended schedule ia reads as under: four per centum of the amount or ..... v. state of gujarat & anr.6 wherein the appellant was facing a trial for the offences under the narcotic drugs and psychotropic substances (ndps) act. during the course of trial, the trial court had chosen to decide questions of admissibility of documents or other items of evidence, as and when objections thereto were ..... rule 4 of the code. however, the said judgment does not deal with the objection regarding impounding of a document for insufficient stamp duty as required under the act. therefore, such judgment has no applicability to the facts of the present case.10. learned counsel for the respondents refers to another judgment reported as bipin shantilal panchal .....
Tag this Judgment!Court : Supreme Court of India
..... is seen placed on the judgment of the judgment of the division bench of the high court in sree ramakrishna mining company v. commissioner of income-tax, mysore1. thereafter, reliance is placed on decisions which were rendered under the indian stamp act, 1 1966 scc online kar 73 / ilr1966mys. 1945 11 1899 for the proposition that an instrument evidencing the distribution ..... discussed, and finally, it was held as follows: 41.in view of the above said citations, it is evident that act of a-3 in directing his subordinates to issue mop to m/s. associated mining company belonging to accused nos.1 and 2 does not amount to fastening criminal liability of him. in the statement of cws 7 ..... offences punishable under sections 120b, 420, 379, 409, 447, 468, 471, 477a of the indian penal code, 1860 (hereinafter referred to as the ipc , for short) and sections 13(2) and 13(1)(c) and 13(1)(d) of the prevention of corruption act, 1988. no doubt, the origin of this investigation is to be traced to 3 an order .....
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