Court : Supreme Court of India
Reported in : AIR1991SC631; JT1990(4)SC245; 1990(2)SCALE836; 1991Supp(1)SCC574; [1990]Supp2SCR433; (1991)2UPLBEC826
..... being the position, recommendations finalised by the chief justice of india unless for any particular reason and unconnected with the mere change of the chief justice or the chief minister justifying the same should not be reopened and if in a given case the union of india is of the view that the matter requires to be looked into again a reference should be made to the chief justice of india and ..... if in a given case the chief justice of the high court has recommended and the name has been considered by the chief minister and duly processed through the governor so as to reach the hands of the chief justice of india through the ministry of justice and the chief justice of india as the highest judicial authority in ..... be a supreme court of india consisting of a chief justice of india and, until parliament by law prescribes a larger number, of not more than seven other judges.from time to time the judge strength in the supreme court has been expanded and by the supreme court (number of judges) amendment act, 1983(22 of 1986), the existing number has been fixed at 25 apart from the chief justice. ..... [vol.33 - 1984] said:in reaching these conclusions, members of the court passed over much fascinating ground, and it gives intriguing insight into the attitude of the indian judiciary towards their own role and that of the constitution in the context of india today. ..... the union judiciary covered by chapter 4 of part v and the high courts in the states are covered by chapter 5 of part vi of .....
Tag this Judgment!Court : Kolkata
Reported in : 34Ind.Cas.235
..... under order ix, rule 6, where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then if it is proved that the summons was duly served the court may proceed ex parte, 'proceed ex parte' means 'proceed to take and determine evidence' and 'this is what the summons in the suit says ..... an exception to the ordinary fundamental rule to which i have referred; and, in my opinion, one of the reasons why that exception was made was because of the special nature of the documents mentioned in that rule, namely, negotiable instruments such as bills of exchange, hundis or promissory notes. ..... order viii is headed, as appears from the title of the chapter, 'written statement and set-off,' and the rule assumes existence of a pleading of the defendant; for it states 'that every allegation of fact in the plaint, if not denied specifically or by necessary implication, or stated to be. ..... reference has also been made to section 47 of the divorce act, which, i should have thought, was against the view put forward by the respondents ..... if we look at section 191 of the indian penal code, we find this: 'whoever...being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence ..... in this case the plaintiff gave evidence and proved his claim but a question of stamp arose. ..... (1899) 172, which explains the value and object of .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1942Cal562
..... the answer to this contention of the appellants is to be found in section 36, stamp act, which provides that:where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has not been duly stamped. 20. ..... , the appellants have contended that as the instrument was, when accepted, a bill of exchange, it ought to have been stamped 'before or at the time of execution' as provided by section 17, stamp act, that as it has never been stamped it was inadmissible in evidence by reason of section 35, stamp act, and therefore the plaintiffs' case must fail ..... by the stamp act cheques are not required to be stamped but bills of exchange are to be stamped ad valorem. ..... 341 dealing with marked cheques states:at common law there is no objection to the acceptance of a cheque, if the holder likes to take it in lieu of payment, but the bank charter acts would in many cases render this illegal.however, a custom has grown up among bankers themselves of marking cheques as good for the purposes of clearance, by which they become bound to one another ..... 4 at page 164 the learned author devotes a short chapter to the subject of marking cheques. ..... we have not been referred to any indian case on the effect of such marking ..... newfoundland savings bank (1899) 1899 a.c. ..... 291 dealing with marking cheques and gaden's case (1899) 1899 a.c. ..... newfoundland savings bank (1899) 1899 a.c. .....
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