Court : Guwahati
..... 1391 bs by signing on three revenue stamps affixed on a blank sheet of paper in presence of witnesses and handed over possession of a plot of paddy land measuring one kedar as interest. ..... 5000/- and the revenue stamp fixed blank papers, the accused persons refused to do so and assaulted the complainant. ..... 2 had gone to up and the relevant papers would be returned only after his return from u.p. ..... but after the expiry of 5/6 months the assurance was not complied with nor the money was returned. ..... 1 delivered possession of the paddy land to the complainant after the said sum of money. .....
Tag this Judgment!Court : Guwahati
..... juris says that a , bank is an association or corporation whose business it is to receive money or deposit, cash, cheques or drafts, discount commercial paper, make loans and issue promissory notes payable to bearer called 'bank notes'. 14. ..... in its more enlarged sense a bank may be defined as an institution, generally incorporated, authorised to receive deposits of money; to lend money and issue promissory ', notes, usually known by the name of 'bank notes' or to perform some one or more of ..... under section 46a the rbi shall contribute every year such sums of money as it may consider necessary and feasible to do so to the national rural credit (long term operations) fund and the national rural credit (stabilisation) fund established and maintained by the national bank under sections 42 and 43, ..... this also varies along with the variation in the reserve money owing to variation in the deposits and the need for credit the ccdp's lone of the objections is to maintain the credit- ..... sub-section (l)(a) includes 'the borrowing, raising, or taking up of money; the lending or advancing of money either upon or without security; the drawing, making, accepting, discounting, buying, selling, collecting and dealing in bills of ..... in the matter of granting loans by banks, safety of the money lent as well as the purpose of the loan being achieved ..... rate' means the standard rate at which it is prepared to buy or re-discount bills of exchange or other commercial papers eligible for purchase under the act. .....
Tag this Judgment!Court : Guwahati
..... the accused-respondent in his statement under section 313 (sic) categorically stated that the catechu was his and that both the papers, namely, the money receipt and the challan, exhibits 1 and 2 respectively, had been signed by his younger brother and that he claimed the catechu as per exhibits 4 & 5 and that under no circumstances he was involved in an attempt to export the catechu to ..... kataki, the learned counsel appearing for the accused-respondent, submits, inter alia, that the challan and the money receipt admittedly found along side the catechu in the boat clearly proved that the catechu was brought from calcutta to dhubri by the accused-respondent and it was halted at gauripur wherefrom it was on transit by boat to ..... they also recovered from the boat one challan dated 15th january, 1973 and a money receipt for the catechu in the name of one umed kumar jain of tinsobigha. ..... the majhi informed him that the boat had been detained even after production of the papers and requested him to proceed to minghat and accordingly he arrived at minghat at about 8.30 ..... ; that no smuggler would leave the challan and the money receipt with the goods meant for being smuggled out; there was significant delay in seizing the catechu and in lodging the complaint inasmuch as the catechu was seized only on 18th january, 1973 at about 4 p.m ..... it would be unnatural for any person trying to smuggle goods out of the country to have left the challan and the money receipt with the goods or with the carrier. .....
Tag this Judgment!Court : Guwahati
..... there is no dispute that in the instant case the earnest money had been deposited in the bank before tenders were opened. ..... learned counsel submits that a copy of the treasury challan or bank draft evidencing deposit of the earnest money as stipulated in the sale notice must accompany the tender. ..... ', as shri singh submitted his bank draft for the earnest money allegedly after the opening of the tender papers. ..... these are procedural requirements necessary to be complied with by the tenders because the deposit of earnest money has a bearing on the settlement itself. ..... we extract the provisions of rule 7 (5) (i):-- 'rule 7 (5):--the tender shall be accompanied with the following documents: (i) a copy of the treasury challan or bank draft evidencing deposit of the earnest money as stipulated in the sale notice'. ..... however, at long last the matter was heard and the reviewing authority held (1) that the bank draft depositing the earnest money was filed by respondent no. ..... therefore, tendering of earnest money in the prescribed manner is necessary but it is not mandatory that it must go along with the tender; if it is filed separately either before the tender is submitted or after the tender is submitted, but duly accepted by the authority there cannot be any question of penalising the tenderer for not depositing the earnest money. ..... the earnest money may be forfeited on the happening of certain future events. .....
Tag this Judgment!Court : Guwahati
..... 8/- and squandered away the money by taking opium, ganza, wine and in gambling and did not help the accused in purchasing books, papers etc. ..... thereafter he tried to prosecute his studies but due to want of money he failed to prosecute his studies further and in that very year due to famine the accused and the other members of the family had to live on banana trees etc. ..... but he got plucked in examination as he had no money to purchase books.thereafter he went to dimapur in search of service and there he came to know that his father had married a mikir girl and was living at delai. ..... the step mother asked him to do cultivation and to continue his studies with the money received from the cultivation. ..... when the accused asked for money, the father was angry. ..... the father did not pay any money to them. ..... there was no information from him for about 3 years and his father did not send money also. .....
Tag this Judgment!Court : Guwahati
..... that he had come to the office in connection with the seized articles, that later on he saw the respondent in his room and that in the room the bargain was struck for payment of bribe money of rupees 250/-, which the respondent promised to pay after some days.the prosecution thus alleges that the bargain took place in the room of the respondent in the office of the municipa lity in agartala ..... ) again told the respondent that he was unable to sell the seized articles and that he had no money to purchase more of the articles from the wholesalers and requested him to release the articles. ..... ) contradicted the other witnesses by stating that the currency notes were in three separate parts and that they were lying with certain papers when they were removed from the pocket of the respondent. ..... of punjab : 1958crilj265 it was held that the papers must be studied properly by the competent authority before the ..... evidence of p.w, 14 (sukhendu bikash paul) that the three bundles were mixed with papers shows that the version of the respondent that p.w. ..... over the charge of investigation to some other police officer, that paper was not filed into the court. ..... further stated that he received five papers on 1-8-1964 and put them in ..... ) there were also some papers along with the bundles. ..... official gazette to exercise the powers of food inspector under the prevention of food adulteration act, 1954 within the local municipal area of agartala and that, therefore, after perusing the papers, he gave sanction ext. .....
Tag this Judgment!Court : Guwahati
..... any contravention under clause (a) of sub-section (1) may, if it thinks fit, and in addition to any sentence or penalty which it may impose for such contravention, direct that any currency, security, gold or silver, or goods or any other money or property, in respect of which the contravention has taken place, shall be confiscated to the central government and further direct that the foreign exchange holdings, if any, of the person committing the contravention or any part thereof ..... he went on to state that the documents seized from his house were papers connected with his purchase of gold, that he borrowed moneys from others, that he discharged the same; that he purchased 5 tickets for himself, his wife, children and relations to go to calcutta on 31.10.1959 by air, that the customs officers seized the tickets and returned them and ..... it was held in that case that, if a statute requires the entire money to be paid or deposited, it is not an alternative remedy which precludes an application for a high prerogative writ. .....
Tag this Judgment!Court : Guwahati
..... yet another contention of the learned counsel for the respondents is that proof of mere retention of money or entrustment is not enough to prove the offence under section 409 and he relied on robert stuart wauchope ..... was held that the letter contained only an explanation and not any admission, of guilty intention or any confession that he had misappropriated the money.it is no valid excuse for the 1st respondent, who entered upon the management of the c.m.s. ..... , the prosecution failed to prove that the 1st respondent misappropriated the money or that he disbursed the money in violation of the bye-laws and that the prosecution also failed to prove that the 1st respondent got false entries made in the account books and brought into existence false ..... air 1933 cal 800 where it was held that in cases of criminal misappropriation, the prosecution must always prove misappropriation and that it is not enough if it is proved that the accused had received the money and that the onus of proof never shifts from the prosecution. ..... fact, no money was collected from them and the transactions were mere paper transactions. ..... that case it was proved that the secretary of a co-operative society converted the money of the society in his hands to his own. ..... if they do not refund the money i promise to repay the amount by the 31st chaitra even though i do not get this amount from the parties after borrowing the amount from my friends and ..... rule 42 firstly he could advance moneys only to members of the society. .....
Tag this Judgment!Court : Guwahati
..... j and the letter ex, k in order to show that the inspector of mohanpur who was directly dealing with the petitioners regarding the paddy transaction tried to borrow money from them and as they refused to comply he got the document ex. ..... it is also laid down in this ruling that where there is no direct evidence of misappropriation and one is left to surmise as to what use was made by the accused of money, one ought to require clearer evidence of dishonest intention than in a case where there is direct evidence to prove that the money was appropriated by the accused for a particular use which is inconsistent with his position as a trustee of the money.23 in 'harnam singh y. ..... 18 prepared on the blank paper on which he had obtained the signature of the petitioner no. 2.9. ..... the petitioners filed the paper ex. .....
Tag this Judgment!Court : Guwahati
..... in the absence of any evidence in support of the contention that this money was received by the assessees wife from her parents, i take it to be the income of the firm not disclosed".the assistant commissioner agreed with this finding. ..... the income-tax officer when dealing with this contention of the assessee observed as follows :"it has been stated in a written statement before me that the money was received by the assessees wife from her parents. ..... if the same mode of keeping the money was adopted by her, the possibility that this money also belonged to the husband is very strongly suggested.before the assistant commissioner of income-tax the assessee conceded that he and his wife had no evidence to give in support of the contention raised by him. ..... assessee is an old man and i am not inclined to believe this cock and bull story that the money was given to the assessees wife by her parents. ..... 40,000 encashed by his wife really belonged to her.sreemati narbadi agarwalla no doubt signed the necessary papers for encashing 40 high denomination notes. ..... huge profits could be made by utilizing this money in the accounting period that preceded it. ..... she signed the necessary papers for encashing the notes. ..... this sum is composed of moneys received by the encashment of high denomination notes of rs. ..... it may have been a convenient mode of keeping accumulated money belonging to her. .....
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