Misconception - Year 2004 - Judgments

Apr 08 2004 (HC)

Nripen Das Vs. State and anr.

Court: Kolkata

Decided on: Apr-08-2004

Reported in: 2004(3)CHN180

..... it is to be construed that consent if any was obtained by misconception of fact 11 the argument of mr ghose is acceptable on ..... to sexual intercourse is voluntary or whether it is given under a misconception of fact in the ultimate analysis the tests laid down by ..... the question whether the consent was voluntary or was given under a misconception of fact it must also weigh the evidence keeping in view .....

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Apr 16 2004 (HC)

Assistant Collector of C. Ex. Vs. Bata Shoe Co. (P) Ltd.

Court: Kolkata

Decided on: Apr-16-2004

Reported in: (2004)2CALLT515(HC),2004(3)CHN573,2004(96)ECC436,2004(169)ELT3(Cal)

..... compulsive mode of recovery by the revenue on the basis of misconception of the revenue authorities which was clarified by the central ..... just now held that it was neither payment under mistake or misconception nor under any error committed by the assessee as it ..... was recovered by the revenue under their misconception contention that the rule 11 did not contemplate any payment under .....

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Nov 30 2004 (HC)

Md. MahasIn Sk. Vs. Sayeda Khatun Bibi and anr.

Court: Kolkata

Decided on: Nov-30-2004

Reported in: 2005CriLJ3162

..... the accused cheated her and there was misrepresentation as well as misconception of fact there was a salish also over the incident ..... the petitioner and her consent was not in consequence of any misconception of fact it is clear therefore that the subsequent refusal ..... was no element of cheating nor there was element of misconception of fact accordingly conviction of the petitioner under section 417 .....

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Jul 23 2004 (HC)

Krishna Pada Mahato Vs. State of West Bengal

Court: Kolkata

Decided on: Jul-23-2004

Reported in: 2005(2)CHN198

..... with the appellant and her consent was not in consequence of any misconception of fact he contended that the supreme court made the above ..... pregnant for 7 1 2 months it shows that there was no misconception of fact and the victim voluntarily had the consent in sexual ..... i am of opinion that in the instant case there was no misconception of fact and the victim being a full grown lady voluntarily .....

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Oct 05 2004 (SC)

Crystal Developers Vs. Smt. Asha Lata Ghosh (Dead) Through Lrs. and or ...

Court: Supreme Court of India

Decided on: Oct-05-2004

Reported in: AIR2004SC4980; 2005(1)ALD1(SC); 2005(5)ALLMR(SC)64; (2005)1CALLT45(SC); 2004(5)CTC121; JT2004(9)SC64; (2004)4MLJ172(SC); 2004(8)SCALE390; (2005)9SCC375

..... finding of collusion against defendant no 14 based on suspicion and misconception of facts without proof learned counsel invited our attention to ..... explained that the first affidavit was filed by his mother under misconception and subsequently on going through the papers she had rectified ..... as they were not the legatees this was due to misconception and not on account of fraud lastly the high court .....

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Aug 12 2004 (HC)

Babubhai Bachubhai Bhabhor Vs. State of Gujarat

Court: Gujarat

Decided on: Aug-12-2004

Reported in: 2005CriLJ1618; (2004)3GLR2275

..... from the board held that the aforesaid circular was based on a misconception of the law laid down by the apex court in paragraph ..... subject in my humble opinion the circular appears to have been on misconception of law laid down by the apex court neither the joint registrar ..... by the circular which cannot be termed as having been based on misconception of law laid down by the apex court as observed by .....

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May 28 2004 (HC)

Lakshmana Naik Vs. State by Bantwal Police

Court: Karnataka

Decided on: May-28-2004

Reported in: ILR2004KAR4722; 2004(5)KarLJ537

..... become pregnant and gave birth to a child the question of misconception of promise of marriage does not arise therefore prayed to allow ..... court holding that the consent for sexual intercourse was due to misconception or misrepresentation as the accused had promised to marry in respect ..... of promiscuity on her part and not an act induced by misconception of fact 14 in the case on hand it is only .....

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Feb 26 2004 (HC)

Raghuvir Vithoba Balgi and anr. Vs. Bombay Electric Supply and Transpo ...

Court: Mumbai

Decided on: Feb-26-2004

Reported in: 2004(3)ALLMR797; 2004(5)BomCR690; 2004(3)MhLj174

..... signature below the endorsement meters stopped prima facie appears to be an admission given under misconception even according to the defendant when it replaced the meters they had not stopped running ..... fact the admission that the meter had stopped appears to have been given under a misconception when the signature was obtained at the time of replacement of the meters on the .....

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Aug 26 2004 (HC)

Hindustan Petroleum Corporation Limited Vs. Inderlok Hotels Private Li ...

Court: Mumbai

Decided on: Aug-26-2004

Reported in: 2005(1)ALLMR853; 2004(6)BomCR571

..... heard rival parties before embarking upon the rival contentions it is necessary to remove one misconception that the lower appellate court while summarising findings on issues has recorded gist of the ..... of findings recorded by the lower appellate court against the first issue has created some misconception in the mind of learned counsel for the petitioners defendants if the judgment of the .....

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Aug 06 2004 (HC)

A.P. State Cooperative Societies Secretaries and Employees Union Rep. ...

Court: Andhra Pradesh

Decided on: Aug-06-2004

Reported in: 2004(5)ALT61

..... the act the state government the registrar and the various authorities persuaded themselves to a misconception that they had a sui generis authority power and jurisdiction to unilaterally fixed the service ..... and an interloper is a contention that is fundamentally misconceived and based on a gross misconception this contention deserves to be rejected and accordingly is 67 the other contention urged is .....

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