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Judgment Search Results Home > Cases Phrase: legal tender inscribed notes act 1964 section 2 notes bearing messages of a political character not to be legal tender Page 1 of about 14 results (0.202 seconds)

Aug 23 1974 (SC)

Samsher Singh Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)

..... the irish constitution came into existence, an attempt has been made to state in detail the incident of the cabinet government.the one point which the president misses in the note is that though the executive power is technically vested in the president, just as the same is vested in the crown in england, under article 74 of the constitution ..... inscribed in the pages of our fundamental law with the obvious intent that even where express conferment of power or functions is written into the articles, such business has to be disposed of decisively by the ministry answerable to the legislature and through it vicariously to the people, thus vindicating our democracy instead of surrendering it to a single summit soul whose deification is incompatible with the basis of our political ..... is not a rival center of power in any sense and must abide by and act on the advice tendered by ..... the case establish that an enquiry into allegations of serious and grave character of misconduct involving stigma has been made in infraction of the provision ..... exercising functions under the notification issued by the president notified under section 4(1) of the land acquisition act that certain land belonging to the appellant was needed for ..... dissolve the legislative assembly (article 174) the right to address or send messages to the houses of the legislature (article 175 and article 16), the power to assent to bills or withhold such assent (article 200 ..... bearing on the president's election, oath of office, legal ..... 1964 .....

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Nov 22 1983 (HC)

Shri Vinod Kumar Gosalia Vs. Shri Frank Silva Lobo Norton

Court : Mumbai

Reported in : (1984)86BOMLR196

..... of enforcing his claim other than by action or setoff, the act docs not prevent him from recovering by those means.therefore, since the mere fact that a debt is not recoverable by virtue of the law of limitation does not extinguish the liability or obligation, one has to see, bearing in mind the relevant provisions of the act and the scheme thereof, whether or not the legislature intended, in section 32 of the act, that only the legally recoverable rents were to be deposited or paid so as to enable a tenant in default ..... due by him in respect of the building for a total period of three months and has failed to pay or tender such arrears of rent as are legally recoverable from him within thirty days of the receipt of or of the refusal of a registered notice served on him by the landlord for such arrears.sub-section (3) was added to the original section 22 of the act and the added sub-section (3) reads as under: -(3) no order for the eviction of a tenant shall be made on the ground specified in clause ..... secondly, the section provides no automatic weapon but prescribes a wise discretion, inscribes no mechanical consequence but invests a power to overcome intransigence. ..... however, it is material to note that sub-section (3) was introduced by the same amendment under which sub-section (2)(a) was changed and the expression 'legally recoverable' was introduced. .....

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Feb 12 1982 (HC)

Siya Sadan Vs. Sagar Mal and ors.

Court : Rajasthan

Reported in : 1982WLN118

..... the learned counsel for the parties which are divergent it would be proper to take an illustration of a case in which the suit remains pending, the tenant takes the benefit of section 13a, then the entire amount with interest is deposited, and on account of that the ground of default disappeared, but the evidence continues for other issues regarding sub-letting, nuisance ..... default was committed, by the tenant and that the tenant further did not comply with the requirement of sub-clause (4) in as much as he failed to deposit the rent by fifteenth of the next month, the logical and legal consequence was that under sub-section (6) his defence was struck off, this striking of the defence was not limited to the ground of default only; but it was depriving ..... latter many a times partakes the character of denial of justice and not only makes the phrase, 'justice ..... section (4) of section 13 and its replacement by a new provision during the pendency of the suit could not, to quote the language of section 6(c) rajasthan general clauses act, 1955, 'affect any liability incurred under any enactment so repealed' and it could not, as section ..... note worthy that section 13(1)(a) provides for evicting tenant on the ground of non-payment and non-tendering ..... bear their own costs of this appeal as well as of the first appellate court, as this would be the first case of interpretation of the sub-section (2) to (6) of section ..... the section provides no automatic weapon but prescribes a wise discretion, inscribes .....

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Dec 03 2010 (HC)

Hari Singh and anr. Vs. the State and anr.

Court : Delhi

..... after considering the evidence and statements of witnesses on record, he held that "the petitioners have not proved the due execution of the will and attestation of two attesting witnesses as required under section 63 of indian succession act, 1925 and they have not proved the same under section 68 of indian evidence act, 1872" and that he was "not able to accept the evidence of mustaq rai khanna and amar singh on the aspect of due execution of the ..... the will" and that "it shall come into force after life-time of the testator" are concerned, the same neither impeaches the veracity of a testamentary instrument nor partake of suspicious character; both are legally axiomatic and their presence discloses bad drafting. ..... purporting to be the last will of late kundan singh, it may be noted that it is a two page document bearing seal of delhi administration at the top of both the sheets. ..... sohan singh, whilst shri madan lal maggon has inscribed that "i, madan lal maggon, the witness to the aforesaid will and testament of the testator mentioned in the above mention declare that i was present and saw the testator ..... amar singh and hari singh, two of the petitioners, conveyed a message to me through my brother fao (os) 386/1996 page 47 of 63 shri radha kishan maggon ..... a party omits to produce a material document or tender a material witness, an adverse presumption may be raised ..... being a person of political background and a respectable member of the society, he was a natural choice for being an .....

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Dec 01 1964 (HC)

Surat Singh Yadav Vs. Sudama Prasad Goswami and anr.

Court : Allahabad

Reported in : AIR1965All536

..... under the circumstances there can be no manner of doubt that the preliminary decision has to be given by the speaker and he is the proper authority to act in the matter.moreover, he being the person to whom the letter of resignation,, is to be sent, he would be in the best position to decide whether the letter was actually sent to him, and, if sent, whether it was ..... in the latter class of cases the matter of resignation is not left to the sweet will of the person tendering the resignation, as there is a provision for the impeachment of such dignitaries and, therefore, acceptance of their resignation is considered necessary in order to avoid the possibility of the persons concerned tendering their resignation for the purpose of defeating the provisions relating to their impeachment.the only difference between the two cases is that whereas in the case ..... by murray the meaning given for word 'address' includes 'to send as a written message to (someone) ; to write (anything) expressly that it may reach and be read by someone; to destine, inscribe, dedicate. ..... be obviously inoperative and the direction contained in the note is made to prevent the submission of futile and ..... contemplated in the section is a resignation with the full consent of the writer of his or her own volition and not any letter ..... appearing on behalf of the petitioner relied on the cases of air 1964 ker 194 and air 1952 trav. ..... , are of very common use in legal parlance, as combinations of the respective prepositions with .....

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Aug 30 1961 (SC)

The State of Punjab Vs. Barkat Ram

Court : Supreme Court of India

Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338

..... it was contended that the mere fact that powers to arrest certain persons, to make searches and to record evidence having a bearing on the alleged contravention of the legal provisions, are conferred on certain officers of the customs department, is not sufficient to make them 'police officers' contemplated by section 25 of the evidence act, even if it be assumed correct as held by certain high courts, that officers on whom the powers of the officer-in-charge of a police station under chapter xiv of the code ..... apart from such an expression in section 9(1) of the land customs act, there are good reasons in support of the view that the powers conferred on the customs officers are different in character from those of the police officers for the detection and prevention of crime and that the powers conferred on them are merely for the purpose of ensuring that dutiable goods do not enter the country without payment of duty and that articles whose ..... shown to the respondent on june 9, 1957, and the respondent inscribed on this document the note, ex. p. ..... the customs officials, the engine crew stated that 100 tolas of gold was kept hidden underneath the cola in the tender of the engine. ..... searched and a quantity of gold was recovered, having been found lying concealed underneath the coal in the front part of the coal tender in the engine. ..... further interrogated at the customs station and, as a result of further search, another quantity of gold was recovered from the rear part of the coal tender. .....

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Oct 22 2013 (HC)

Court on Its Own Motion Vs. Sh. Vinod Kumar Jain

Court : Delhi

..... stream of justice has to be kept clear and pure and anyone soiling its purity must be dealt with sternly so that the message perculates loud and clear that no one can be permitted to undermine the dignity of the court and interfere with the due course ..... the aforesaid thoughts received due support from the definition of criminal contempt as given in section 2(c) of the act, according to which an act would about be so if , inter alia, the same interferes or tends to interfere, or obstructs or tends to ..... concurrently, the punjab sind bank (hereinafter psb ), one of the company s secured creditors (and mortgagee of the companies properties bearing no.a1, a3 & a3/1, industrial area, meerut road, ghaziabad, up, hereafter the ghaziabad property ) filed two recovery suits against the company in liquidation: the first being suit no. ..... satyamev jayate (truth alone triumphs) is an achievable aim there; or yatormastato jaye (it is virtue which ends in victory) is not only inscribed in emblem but really happens in the portals of courts.9. ..... making the grossest imputations against him has to do, is to go ahead and scandalize him, and later on tender a formal empty apology which costs him practically nothing. ..... its order of 16.07.2012, but it was noted that the contemnor need not be present in court till his presence is specifically ..... the same would definitely hinder, hamper or impede even flow of justice and would prevent the courts from performing their legal duties as they are supposed to do. .....

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Nov 14 1994 (SC)

Chandra Shashi Vs. Anil Kumar Verma

Court : Supreme Court of India

Reported in : 1994LC636(SC); 1995(78)ELT7(SC); JT1994(7)SC459; 1994(4)SCALE944; (1995)1SCC421; [1994]Supp5SCR465; 1995(1)LC242(SC)

..... initiated by the appellant was an abuse to the process of justice and it was held that the appellant, by initiating the criminal proceedings, was influenced by the intention of defying the acting chief justice who refused the civil warrant of arrest; and being of this view the appellant was held guilty of contempt and his name was ordered to be removed from the roll of ..... the aforesaid thoughts receive due support from the definition of criminal contempt as given in section 2(c) of the act, according to which an act would amount be so if, inter alia, the same interferes or tends to interfere or obstructs ..... contempt of court; oswald's contempt of court; and anthony arlidge & david eady's the law of contempt would amply bear what has been stated above; and that if a forged and fabricated documented is filed, the same may amount ..... find that(truth alone triumphs) is an achievable aim there; or(it is virtue which ends in victory) is not only inscribed in emblem but really happens in the portals of courts.9. ..... sentence, we would advert to an offer 25 of unconditional apology tendered by anil kumar in his affidavit filed on 29.10.94. ..... that the solicitor firm had committed contempt as it had endorsed the writ (which was for money won at betting) for a fictitious, though apparently a legal cause of action, as parliament had ordained that courts are not to 15 be used for realising such monies. ..... it would be enough for our purpose to note two such decisions, one of which is by the privy council .....

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Sep 24 2019 (SC)

Dina Nath (D) by Lrs. Vs. Subhash Chand Saini

Court : Supreme Court of India

..... that the power to strike out the defence vested in the rent controller under section 15(7) of the delhi rent control act, 1958 (hereinafter being referred to as the act, 1958 ) is discretionary and not mandatory and it is imperative that every violation in implementation of the directions of the rent controller under section 15(1) of the act, 1958 ipso facto leave to the striking out of the defence of the ..... . the discretion vested with the controller under section 15(7) of act, 1958 has to be exercised judiciously and if the non compliance of the order under section 15(1) of the act, 1958 depicts irrational disregard to the order, or when the non compliance is repeated, or when no reasonable justification is tendered, or for such other similar reasons, wilful, ..... equivalent to ten months advance rent, although there was neither any legal obligation to do so nor was any direction issued by the ..... from the record are that the appellants tenants rented a shop bearing no.1445 a, dariba kalan, delhi on a monthly rent of ..... section provides no automatic weapon but prescribes a wise discretion, inscribes ..... note that although the respondents landlord have claimed arrears for the period 1st january 2007 to october 2007, but that was disputed by the appellants as it revealed from the order dated 21st april, 2008, but as we are examining the question regarding striking of defence because of non compliance of the order passed by the rent controller in exercise of his power under section 15(1) of .....

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Feb 17 2009 (HC)

Khanchedilal Vs. State of M.P.

Court : Madhya Pradesh

Reported in : 2009(2)MPHT513

..... the contention that for want of compliance with the mandatory provision of section 50 of the act, the search was vitiated, is not acceptable as the ganja was allegedly recovered at a public place from a plastic bag being carried by the appellant (state of ..... the appellant stands convicted under section 20 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act') and sentenced to undergo ri for 10 years and to pay a fine ..... however, neither in his answer to the charge nor in the examination, under section 313 of the code of criminal procedure, the appellant raised a specific plea as to prospective use of ..... instead, the appellant is convicted under section 27 of the act and is sentenced to undergo ri for ..... appellant did not discharge the onus of proof to rebut the presumption envisaged under section 54 of the act. ..... that none of the panch witnesses came forward to support the evidence of the detecting officer yet, their non-corroborative evidence would not afford a ground for acquittal as the offence does not affect any private individual but the society at large. ..... his statement, on receiving the information, he inscribed the same at serial no. ..... light of overwhelming evidence on record, none of the contentions raised against legality and correctness of the impugned conviction acceptance. ..... case, while explaining the malefic drug abuse, the apex court has struck a note of caution that drug traffickers should not go scot-free on technical pleas.11. ..... also tendered in evidence .....

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