Court : Chennai
Reported in : AIR1968Mad117; 1968CriLJ493; (1968)1MLJ480
..... any part of his statement if duly proved, may be used by the accused and with the permission of the court by the prosecution, to contradict such witness in the manner prescribed in by section 145 indian evidence act 1872 (i of 1872) and when any part of such statement j so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to ..... :"161(1) any police officer making an investigation under this chapter or any police officer not below such rank as the state government may, by general or special order, prescribe in this behalf acting on the requisition of such officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case:(2) such person shall be bound to answer all questions relating to ..... and runs thus:"from a legal point of view that only difference in the case now before us is that neither bhagirath nor mangal chand was ever an 'accused person' at the trial in which his evidence was tendered, within the meaning of the ..... that further and detailed enquiry was directed by the chief secretary to the government on the basis of the note dated 10-3-1964 and on this the director of vigilance registered the enquiry no. 8/hd/64. ..... the special judge has taken the view that the offence would come under section 5(1)(d) of the act, that is by corrupt or illegal means or by otherwise abusing his position as public servant, he has obtained for himself or for any other .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1969Kant23; AIR1969Mys23; ILR1968KAR492; (1969)1MysLJ461
..... land revenue, forest revenue and excise revenue.we think, the learned special government pleader is right in contending that the scope of the amended schedule to the education act, is wider than that of schedule 'a' to the health cess act, and that under the education act the levy of education cess is not confined to duties of excise only, but extends to items which are not duties of excise but still come within excise revenue ..... of 1967: the respondent is directed to refund the amounts if any, paid by the petitioner subsequent to 18-9-1964 towards education cess on toddy shop rent, tree tax and tree rent for the period 1962-63 to 1966-67.128 ..... speaking for the bench, said at page 11:'with regard to luxuries it is significant to note that the plural and not the singular is used, and the luxuries in respect of which a tax can be imposed under entry 62 is a tax on goods of articles which constitute luxuries, and it is again significant to note that the topic of luxuries only is to be found in entry 62 in the taxation power and not in either ..... special government pleader argued that there was no legal impediment to the petitioners agreeing to pay to the state certain additional amounts or certain percentage over and above their respective bid amounts or amounts tendered by them to obtain the exclusive privilege of vending liquor and that the covenant to pay education cess can be construed as covenant to pay certain amounts or a certain percentage over and above bid or tender amount. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1997]105STC421(AP)
..... the petitioners in the writ petition seek a declaration that section 2(n) read with explanation iv, sections 5 and 5-e of the andhra pradesh general sales tax act, 1957 (for short, 'the apgst act') are ultra vires the constitution of india and the legislative competence of the andhra pradesh legislature in so far as they seek to levy tax on the amounts received on the transfer of ..... packages are sold without mentioning any specific period of use and so the entire consideration is being taken as value and taxed accordingly and that for purposes of the apgst act the method of transfer of software like right to use software, does not make any difference because there is transfer for which consideration is paid. ..... for the petitioners, contends that section 2(n) read with explanation iv and sections 5 and 5-e of the apgst act are ultra vires the constitution as they are beyond the legislative competence of the state legislature. ..... by the sales tax tribunal, held that the electricity board was a dealer as defined in section 2(c) of that act and that 'electricity' could not be regarded as article or matter which could be possessed, moved or delivered. ..... much 'goods' as music on tapes, video or audio, paintings on papers or any other work of art inscribed on any material things. ..... useful to note here entry 54 of list ii of the seventh schedule to the constitution under which the impugned provisions of the apgst act have ..... the assistant commissioner (ct), legal, filed counter-affidavit for .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(5)ALD398; 1999(5)ALT47
..... that falls for consideration in this case is whether the management of the transmission corporation of andhra pradesh limited, for short, 'the transco' is justified and acted legally in seeking to disqualify the petitioner at the threshold of the awarding of the work contracts covered by package no.wb/apseb/tr/rs-20 on the ground that the petitioner lacks ..... petition is liable to be dismissed in limine as it is totally premature inasmuch as no final decision is taken by the respondents as to whom the work contracts should be awarded; the high court under article 226 cannot act as an appellate authority and go into the merits of the decision, and since the petitioner has not attributed any ulterior motive, favouritism, mala fide to the respondents, the court's interference is not warranted. 7. ..... in the judgment of the supreme court delivered in the nhl's case (supra) that the experience of a constituent of a legal person like an incorporated company or even that of a partner of a firm should be taken to be the experience of the company or the firm, as the case may be, for the purpose of consideration of the tenders, and what ismaterial is whether the applicant for award of the contract has persons with experience and not the name which ..... in the above noted cases decided by this court, the tender notifications prescribed that tenderer should have good experience in ..... assailed before the division bench in writ appeal no.1964 of 1998 (supra). ..... 1964 of 1998 has raised an additional ..... 1964 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All31
..... to hold the parties to the contract and to make them present their disputes to the forum of their choice but that an order to stay the legal proceedings in a court of law could not be granted if it was shown that there was good ground for apprehending that the arbitrator would not act fairly in the matter or that it was for some reason improper that he should arbitrate in the dispute.their lordships also made reference to the ..... if the word 'thereafter' in sub-section (5) is construed to have reference to the order of filing the agreement only and not to the order of reference as stated in the punjab case noted before, then it can be said that in making the subsequent order of reference to an arbitrator, the provisions of chapter ii for filling up the vacancy as provided in section 8 may be attracted. ..... the defendant invited sealed tenders in august, 1964 for carrying out the work of laying main sewerage in the fertilizer's township. ..... it was also noted therein that the work had to be executed in accordance with the terms and conditions of the notice inviting tenders (hereinafter referred to as 'nit') and the general direction and conditions of contract (hereinafter referred to as 'gdcc'). .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1974MP101; 1974MPLJ95
..... the question which then falls to be determined is whether the letter accepting the tender of the respondent conformed to the requirements of section 175(3) of the government of india act.section 175(3) does not in terms require that a formal document executed on behalf of the dominion of india, and the other contracting party, alone is effective ..... we may observe that the learned judges constituting the division bench did not take note of the distinction between the forest contracts and excise contracts, the former of which are required to be completed by the execution of a formal deed and to those cases certainly article 299(1) of the constitution would be applicable ..... thus, the excise authorities had full justification for re-auctioning the licence and they had legal authority to recover the amount of loss from the petitioner.32. ..... state of bombay (now maharashtra), air 1964 sc 1714 the question for consideration before their lordships of the supreme court was whether an agreement between the superintending engineer and private party excluding land of latter from factory area and giving supply of water for irrigating the land permanently, was an agreement within the scope of bombay irrigation act. ..... state of bombay, air 1964 sc 1714; ram chander v ..... rana, air 1964 sc 648 quoted with approval the following passage from halsbury's laws of england, ..... would here be pertinent to refer to the decision of the supreme court in air 1964 sc 1714. ..... in air 1964 sc 1714 at ..... rana, air 1964 sc 648 at .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006]129CompCas41(P& H); (2005)141PLR689
..... . the relevant observations anent to the controversy involved in this case for reference are reproduced as, under:- 'the following circumstances may persuade, the court to lean in favour of the auction purchaser:-(a) participation in the tender proceedings in accordance with the time table notified by the official liquidator; (b) on -time' payment of earnest money and on confirmation vide order dated 10.12.2004, payment of whole amount on 13.12.2004;(c) approval to disburse loan by canara bank to ..... the appellant was, therefore, asked to come forward for further negotiations in that regard.the official liquidator then moved an application on 30.9.2004 under section 455 of the act read with rules 6 and 9 of the companies (court) rules, 1959 (for short the rules), requesting the court to call the prospective bidders namely the appellant, m/s star point financial services ..... it appears that on april 17, 1964 at the instance of the official liquidator and at the instance of a contributory the court had approved of the terms and conditions of sale which provide calling of sealed tenders ..... otherwise, a company is a legal person having its separate distinct entity and can act as such.15. mr. ..... . it is significant to note that even the offer made by sun group for three lots was to the tune of ..... . we may note here that the main factor which prevailed with hon'ble supreme court in divya's case (supra) was that the fresh offers received was indicating that the earlier offer was totally inadequate .....
Tag this Judgment!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)
..... entire proceeding 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 barristers and ..... appeal from the supreme court of sierra leone, what had happened was that the appellant, a barrister, who had enrolled as solicitor of the supreme court of the said colony, applied to the acting chief justice for a warrant for the arrest of one wright on the ground that he was about to leave the settlement, despite his owing some money to his client. ..... case it was found 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. ..... courts when they would 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. ..... to the question of sentence, we would advert to an offer 25 of unconditional apology tendered by anil kumar in his affidavit filed on 29.10.94. ..... it would be enough for our purpose to note two such decisions, one of which is by the privy council and the other by .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi621
..... , it was mentioned that modi food products company, limited, owned an oil mill at modinagar, known as modi oil mills and that in response to invitation of tender dated 13th of february 1956, the said incorporate company had submitted their tender in the name of modi oil mills and the tender of the corporate company had been accepted in advance by telegram sent to its abbreviated registered telegraphic address followed by a formal acceptance ..... been suggested that the aforesaid tangible act in pursuance of the contract in dispute had been performed by a dead person or a non-entity and if there was a hand of a legal person behind performance of the said acts that legal person must be clothed with the rights and obligations flowing from formation of the contract as well as the acts done or suffered in pursuance of ..... 1856 the supreme court was faced with the contention that in order to determine the status of a party as to whether it was a surety or a co-obligee only the promissory note should be looked at and not the other contemporaneous documents. ..... and others : [1954]1scr817 , : [1964]3scr164 (supra) and the union of india ..... (as he then was) by an order dated 29th may, 1964 set aside the order of the subordinate judge and remanded the case to the trial court ..... rallia ram : [1964]3scr164 , and a number of other authorities of the supreme court as well as the high court of punjab to support the proposition that a contract in contravention of the provisions of law was void and could not .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1976Guj72; (1976)GLR210
..... the trial court was erroneous, the error committed by the trial court was undoubtedly an error of law, for the decision turned on the question whether the document exhibit 4/1 was a promissory note within the meaning of section 2(22) of the stamp act which would be clearly a question of law but this error of law did not have relation to and was not concerned with the jurisdiction of the subordinate court and therefore, none of the ..... us is regarding the scope of the powers of the high court under section 115 of the code of civil procedure when dealing with an order admitting or refusing to admit a document at the stage when the document is tendered in evidence before the trial court and the decision regarding admissibility turns upon the question of sufficiency or otherwise of stamp affixed on the document in question. ..... circumstances at least so far as the question of maintainability of a revision application under section 115 of the code of civil procedure against the decision to admit or not to admit a document is concerned no difference whatsoever is made to the legal position as explained in prabhudas v. ..... gulamnabi : [1964]5scr157 (supra), the court functioning under the rent act had jurisdiction to decide the question under section 12 (3) (b) of the ,rent act, similarly in the present case, under the provisions of the code of civil procedure, the trial court had the jurisdiction to decide the question of admissibility and under the clear scheme of section 36 the decision .....
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