Court : Supreme Court of India
Decided on : May-10-1985
Reported in : AIR1985SC1224; 1985CriLJ1479; 1985(2)Crimes465(SC); 1985(1)SCALE1120; 1985Supp(1)SCC79
..... the mistress of the house and decamped with her gold and silver ornaments which were later recovered, the presumption arising under illustration (a) to section 114 of the evidence act, 1872 is that not only the accused if their complicity is proved committed the murder of the deceased bhagwat dayal and his wife ram-wati ..... had conspired together with the accused ashok kumar and got forged from him the ruqqa (exh. ka 42) in the name of kirpal singh munim to secure an entry into the house of the deceased. there is nothing to show that the accused ashok kumar had been associating with the other accused. although the ..... ram shanker came into existence not on december 26 or even in day time on december 27 but sometime in the night between december 27/28th, 1970 or on december 28 and then the activities started; and the second one advanced by the learned deputy government advocate that the names of these three suspects ..... exh. ka 55). the accused sukhbasi was not arrested till 28th even after the recovery of the stolen ornaments and of pawn slips (exh. ka 3 to 39). the next recovery of gold and silver ornaments from the house of ram sanehi at village akbarpur on the 28th morning was under seizure memo (exh. 57 ..... exh. 55). pw 31 found 37 pawn slips detached from the ornaments lying in that room and took possession of the same (marked exh. ka 3 to 39 and seized under seizure memo exh. ka 54). a week thereafter on january 1, 1971 he arrested the accused ashok kumar from kaimganj. on the next day .....
Tag this Judgment!Court : Delhi
Decided on : Dec-12-1985
Reported in : [1987]62CompCas769(Delhi)
..... , 1984, issued by the reserve bank of india to various associations, bringing to their notice the provisions of section 45s(1) of the act. it was specifically stated that notwithstanding the various exemptions, it had been represented to it and the government of ..... about the peculiarities necessitating the immediate need of particular social legislation, and unless it could be shown that the legislation was patently and demonstrably in conflict with fundamental rights, which in the present case i cannot so hold, the challenge to the virus ..... . all interim stay orders given during the pendency of the writ petition shall stand vacated. there will be no order as to costs. leila seth, j.70. i agree. 71. petition dismissed. 72. mr. bhat orally requests for the grant of leave ..... mahaluxmi bank ltd. v. registrar of companies (1961) 31 comp case 287 (cal) and rustom cavasjee cooper v. union of india (1970) 40 comp case 325 (sc), to show what banking means. in my view, it is unnecessary to go into these details because, as ..... of interest charged to the borrowers is stated to be a maximum of 18% on secured loans and 21% on unsecured loans as permissible under the money lenders act enforced in different states. 9. mr. proti, learned counsel who appeared for the petitioners ..... genuine and responsible purposes is not at all that limited as is sought to be made out by the petitioner. 39. grievance is then made that the requirement of bringing the requisite number of depositors to 250 within a period of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-01-1985
Reported in : AIR1986MP88; 1985MPLJ616
..... case. in the light of the provisions of the regulations, therefore, the escalation in the estimated cost of the l.i.g. flat is patently unreasonable and the fixation of cost appears to be arbitrary.30. even in case of m.i.g. flat it would be ..... and incorporation of town and country development authority and the nature of town development schemes with which such authority is concerned are provided under sections 38, 39 and 49 of the adhiniyam and it would be pertinent to reproduce these provisions at the outside as under: --'38. establishment of ..... respondent no. 1 has cited before us the following, cases of the supreme court, viz., sm. gunwant kaur v. municipal committee, bhatinda, air 1970 sc 802, kulchhindar singh v. hardayal singh brar, air 1976 sc 2216, radhakrishna agarwal v. state of bihar, air 1977 sc 1496, premchand ..... to set up a hotel. presumably, if the loan was not forthcoming, the respondent may not have undertaken such a huge project. acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in ..... made in order of their registration i.e. on first come first served basis. a new condition of annual lease-rent of rs. 150/- and rs. 100/- to be paid by 1st june every year by the purchaser of m.i.g. and l.i.g ..... . in the result this petition is allowed. counsel's fees rs. 500/-. the outstanding security amount deposit, if any shall be refunded to the petitioners after verification. .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-09-1985
Reported in : AIR1986MP233; 1985MPLJ498
..... filed by the arbitrator was set aside. the appellant therefore, preferred this appeal under section 39 of the act.6. the learned counsel appearing for the respondent argued that the appeal is not tenable under any of the cls. of section 39 of the act. the contention of the learned counsel is that the trial court had rejected the objection ..... as under : --'22. as a result of the above discussion, applicant's petition filed under section 14 of the act is hereby dismissed with costs, while that of the non-applicant filed under section 33 of the act is hereby allowed with costs. award, being numbered as of 1979, dated 16-8-1979, given by the tribunal of ..... that the high court has ample power to set aside the decision of the lower court in exercise of its revisional powers particularly when the illegality is patent. it was an appeal which was allowed by the high court in spite of the fact that the award was held to be non-existent by ..... 85 of 1979, was passed against the respondent non-applicant for an amount of rs. 77,385/- in full and final settlement of their claim. the cost of arbitration was fixed at rs. 660/-. the award was signed by the arbitration and notices were served on both the parties. the applicant received the notice ..... for the respondent then cited the case of rajendra dayal v. govind (misc. appeal no. 5 of 1964, decided on 5-11-1969 reported in 1970 mplj 322.) in this case, the division bench of this court did not decide if an appeal would lie in a matter of like this. it was .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-01-1985
Reported in : AIR1985P& H277
..... was dismissed vide order dated jan. 6, 1978. according to the executing court, earlier, while discussing the judgment of the supreme court in dattatraya v. shaikh mahaboob, air 1970 sc 750, it had committed an error in saying that the plaintiff had to deposit the pre-emption money immediately after the decision of the appeal. since, it was overlooked ..... occasion for it to review the same. in any case, the review was made by it on the ground that the ratio of the decision in dattaraya's case (air 1970 sc 750) (supra) was not correctly followed by it. as observed earlier, the said judgment of the supreme court is clearly distinguishable.4. it is not disputed that ..... daya ram. plaintiff, filed the suit for possession by way of pre-emption, which was decreed in his favour on feb. 10, 1977 on the conditional payment of rs. 39,980/- which included one-fifth of the pre-emption money already deposited by him. the balance amount was to be deposited on or before march 31, 1977; failing which the ..... the same, they have come up in revision to this court.2. the facts, reproduced above, are not in dispute. admittedly, the decree-holder deposited the sum of rs. 39,780/- (including the one-fifth pre-emption money amounting to rs. 7,200/-) on march 23, 1977 and, thus, the pre-emption money so deposited was short of rs. ..... aside. the order dated nov. 3, 1977, passed by it, accepting the objections filed on behalf of the judgment-debtors, petitioners, is restored with no order as to costs.6. revision allowed. .....
Tag this Judgment!Court : Allahabad
Decided on : May-14-1985
Reported in : AIR1985All334
..... of the possibility that a sufficient number of voles actually cast for the candidate whose nomination was improperly accepted might have been cast for the candidate who secured the highest number of votes next to the successful candidate, so as to upset the result of the election, but whether a sufficient number of voters ..... winning candidate.13. in the case of chhedi ram v. jhilmit ram, air 1984 sc 146, it has been observed 'under section 100(1)(d) of the representation of the people act, 1951 the election of a returned candidate shall be declared to be void, if the high court is of opinion that the result ..... from 19, afzalgarh constituency be declared void :(b) that the petitioner be declared as a candidate elected instead of respondent no. 1. (c) that the cost of the election petition be granted to the petitioner. (d) any other relief which on the facts and circumstances stated in the petition is capable of being ..... singh (p. w. 16), sunder singh (p. w. 17) and babu ram (p. w. 18). it is contended that in this meeting also about 150 to 200 persons had collected and they were only hindus. according to daya ram singh, first budh singh introduced the respondent no. 1 and thereafter for about 15 ..... birla (air 1971 sc 1295) 2. mohan singh v. bhanwar lal (air 1964 sc 1366) 3. guruji shrihari baliram v. vithalrao (air 1970 sc 1841) 4. mahant sheonath v. choudhary ranbir singh (1970-3 scc 647(2)). 5. abdul hussain v. shamsul huda, air 1975 sc 1612. 20. the sum and substance of all these rulings .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-20-1985
Reported in : AIR1987P& H34
..... limited owner. but there the property involved was money deposits in the bank and the injunction sought for was that the widow be restrained from withdrawing the securities and spending them as there was no legal necessity for doing so. the injunction was granted because in the case of movable property if it is not done ..... . the provisions of s. 38 are further circumscribed by the provisions of s. 41 which lay down that an injunction cannot be granted in the cases enumerated in cls. (a) to (j). clause (h) provides that an injunction cannot be granted when equally efficacious relief can be obtained by any other usual mode of proceeding ..... coparcenary property was competent it would not be permissible to grant an ad interim injunction as well. section 38 of the specific relief act governs the grant of perpetual injunctions and the suit like the present one would fall under its sub-section (3) which reads as. under:--'(3) when the defendant invades or threatens to invade the ..... the trial court and against its judgment, he went in appeal before the learned additional district judge. along with' the appeal, he also moved an application under o. 39, rr. 1 and 2, civil p.c. for a temporary injunction restraining the respondent from alienating the house in dispute pending appeal which was rejected vide order dt ..... the decision in shiv kumar mool chand arora's case (air 1972 punj and har 147) is accordingly overruled and this appeal is dismissed. no costs.mital, j.7. i agree.8. appeal dismissed. .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-08-1985
Reported in : AIR1985P& H211
..... the act'.section 3 ..... , 1970. ..... the act are read together. cl (j ..... act, 1963 (the act ..... the act.3 ..... the act could ..... the act in ..... limitation act ..... -section ..... the act stand ..... act ..... act will generally apply. section ..... acting as a civil court that the provisions of art. 137 of the act ..... , did not provide for a different period of limitation than what has been provided for in the schedule to the act, the act ..... act for judicial decision. the petition is an application falling within the scope of art. 137 of the 1963 act ..... act, held:' the conclusion we reach is that article 137 of the--1963, limitation act will apply to any petition or application filed under any act ..... act would apply to the proceedings filed under ss. 10 and 16(5) of the telegraph act, 1885, read with s. 51 of the electricity act ..... and does not attract the extension of the periods of limitation under the sections which is obviously not correct. as the expression occurs in other sections ..... act ..... act. the law commission, in its third report (para 22) while recommending the addition of this clause to the statute in this regard has observed as under:--'the expression 'period prescribed' occurring in section ..... '.faced with this verdict of the final court, mr. setia, learned counsel for the respondent, sought to contend that as the special or local law in the instant case, i.e., the succession act ..... 4 has been construed differently by different courts. some courts take the view that it means only the periods of limitation prescribed in the schedule to the act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-27-1985
Reported in : AIR1985SC1201; 1985(6)ECC126; 1985(21)ELT3(SC); 1985(1)SCALE976; (1985)3SCC284; [1985]Supp1SCR731; [1987]64STC180(SC); 1985(17)LC1070(SC)
..... the central excise tariff on the basis that properzi rods are aluminium wire rods. aggrieved by that order, the appellant filed an appeal under section 35 of the act, which was dismissed by the deputy collector of central excise, chandigarh, on february 7, 1972. the appellant filed a revision against that order under ..... manufacture properzi rods. (7) the indian standards institution which prescribes specifications for various commercial commodities, has prescribed separate specifications for properzi rods and aluminium wire rods. (8) in the cost accounting record (aluminium) rules, 1972 prescribed by the government of india, department of company affairs, properzi rods are shown separately from aluminium wire rods, the latter being shown under the ..... on behalf of the government. that entry reads as follows :aluminium-(a)(ii) wire bars, wire rods and castings, not otherwise specified.4. by an order dated september 1, 1970, the superintendent of central excise, faridabad, called upon the appellant to clear the properzi rods manufactured by it, after payment of duty under entry no. 27 (a)(ii) of ..... to 10500 meters, with a uniform standard thickness of 9.50 mm. diameter. (4) aluminium wire rods are available not in continuous length but only in short length ranging from 150 meters to 400 meters. (5) aluminium wire rods are neither accepted nor commercially required for the purpose of manufacturing aluminium conductors and cables. (6) the manufacturers of aluminium wire .....
Tag this Judgment!Court : Chennai
Decided on : Aug-20-1985
Reported in : AIR1986Mad179
..... plea at the earlier stage of the proceedings creates an effective bar of waiver against him. it seems clear that the appellant wanted to take a chance to secure a favourable report from the tribunal which was constituted and when he found that he was confronted with an unfavourable report, he adopted the device of raising the ..... the very same committee creates an effective bar of waiver against him and he is precluded from raising it before this court for the first time. it is patent that the petitioner wanted to try his chance before the committee without any reservation, voluntarily appeared before it and now, when he is confronted with an unfavourable decision ..... in the case of m. b. b.s. course where 10% seats are reserved for graduates the diploma holders in engineering there is no scope for them to secure admission in the b. e. course. the present system successfully prevents the diploma students from competing with others on equal terms. it is impossible to test the merits ..... courses. in i. l. honnegouda v. state of karnataka, air 1978 sc 28, it has been observed as follows:-'the fact that the appellant acquiesced to the 1970 rules by applying for the post of the village accountant, appearing before the recruitment committee for interview in 1972 and 1974 and taking a chance of being selected, the ..... same is accordingly dismissed.'7. taking note of the above principles, i am obliged to dismiss this writ petition and accordingly the same is dismissed. no costs.8. petition dismissed. .....
Tag this Judgment!