Court : Gujarat
Decided on : Apr-30-1991
Reported in : (1993)2GLR1728
..... of a separate chapter, namely. chapter xxa with the title 'cruelty by husband or the relatives of the husband' by the criminal law (second amendment) 1983 (act no. 46 of 1983) with effect from 25-12-1983.8. the provision contained in explanation define 'cruelty' for the purpose of the substantive ..... shahida was about 15 years old. therefore, there was no question of drawing any presumption arising from the newly added provision of section 113a of the evidence act, which reads as under:when the question is whether the commissions of suicide by a woman had been abetted by her husband or ..... submitted that the facts comprising commission of offence punishable under sec302 of i.p.c. are incompatible with the facts comprising commission of offence punishable under section 306 of i.p.c. to substantiate the aforesaid submission, reference is made to the supreme court decision in the case of state of west ..... advocate for the appellant-accused submitted that the offence of murder under section 302 of i.p.c. and the offence of abetting suicide under section 306 of i.p.c. being entirely different, distinct and inconsistent, it was patently illegal and erroneous for the trial court to club the two inconsistent charges ..... ,(b) oral testimony of mother of deceased shahida p.w. 3 - exh. 22,(c) oral testimony of brother of deceased shahida p.w. 6 - exh. 32,(d) oral testimony of isubbhai ismailbhai, eye witness - relative of deceased shahida, p.w. 4-exh. 23, who has not been relieved by the learned addl. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Mar-25-1991
Reported in : (1991)LC569Tri(Delhi)
..... the latter case, the notice may be issued by any central excise officer. in the former cases, however, with the amendment, effective from 15-11-1980, by section 21 of the customs, central excises and salt and central boards of revenue (amendment) act, 1978, the notice has to be issued by the collector. this statutory requirement does not get whittled down by the fact ..... collector, central excise, jaipur on 6-3-1986.for, proviso to section 11a of the central excises & salt act providing for the extended period of limitation of five years in place of six months for raising the demand of duty was amended with effect from 27-12-1985 by the central excises & salt (amendment) act, 1985 (no. 79 of 1985). as a sequel thereof, it ..... say much after the amendment came into force on 27-12-1985 and the show cause notice was not issued by the collector of central excise as required under the said proviso but was issued by the deputy collector. thus, the show cause notice under reference is patently illegal and in contravention of sub-section (1) of section 11a of the act read with its ..... in the member (judicial's) order, the language of the judgment helps, if at all, the appellants and not the department.32. the arguments advanced by shri asthana are based on the assumption that the proviso to sub-section (1) to section 11a does not whittle down or take away anything from the main provision, but merely, in specified circumstances, enlarges the power .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1991
Reported in : 1991(4)BomCR451; 1992CriLJ3752
..... , for example, the report in paragraph 35.11 makes reference to an amendment made to the code of criminal procedure by bombay act 46 of 1948. it reads as follows :- 'a bombay amendment of the code makes a useful provision conferring power to award costs in proceeding under s. 476 and connected sections ...........' again in paragraph 35.14 the commission suggests incorporation of a ..... variation or revision having regard to the advanced concepts in administrative law and the enormous expansion of the areas where principles of natural justice is permitted to have its play. 67. the topic of natural justice has by now received minute attention of academics and judges into many facets hitherto unillumined. long rows of shelves would be needed to accommodate even ..... copies would have been kept ordinarily at the appropriate places in the years 1976-1978. they would not normally find their place in the files of papers filed in 1983. 32. the history of criminal proceeding is replete with instances where a single indiscretion led to the exposure of evil design. even a spelling mistake could uncover the plot as in ..... bench. the amended rules in that behalf were implemented from the month of october, 1990. as per the assignment of judicial work relating to the original side of this court as from 19th august, 1991, the first court presided over by the learned chief justice was assigned the work of admission of original side appeals including the letters patent appeal and application .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-30-1991
Reported in : ILR1991KAR4242; 1991(4)KarLJ726
..... than the one claimed by the 1st respondent himself? the learned counsel for the claimant submitted that though section 25 of the act, as it stood prior to the amendment of the act by amending act 68 of 1984, had placed an embargo on the power of the court to award compensation at a ..... rate higher than the rate at which the compensation was claimed in section 9 proceedings by a claimant whose land was acquired under the act, that embargo had been removed by the amending act 68 of 1984 and therefore the civil judge had the power to award compensation at ..... service of notice, the application was filed. (iv) section 18 of the land acquisition act as amended by the land acquisition (karnataka extension and amendment) act, 1961, reads: - '18. reference to court:- (1) any person interested who has not accepted the award for amendment thereof may, by written application to the deputy commissioner require ..... court also should not make such an award. for the aforesaid reasons, we answer the second question as follows: even though by amending section 25 of the act, by act 68 of 1984, the bar against granting compensation at a rate higher than the rate at which the claimant had claimed before ..... 4) further, there has been no such unimpeachable evidence on record which would show that the rate at which compensation was claimed by the respondent was patently low and that justice demands the awarding of compensation at a rate higher than rs. 600/- per gunts i.e., rs. 24,000/- per .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-13-1991
Reported in : AIR1992AP212; 1991(2)ALT354
..... plaint, the plaintiff stated that it is a municipality governed by the provisions of the andhra pradesh municipalities act, 1965, that it has been maintaining markets in the municipal area and that previous to the amendment act it was maintaining the markets and had been collecting certain fee from the merchants in gandhinagar market. the ..... business in the market yard and that, therefore, the claim does not come within the ambit of section 29(2) of the act.8. the andhra pradesh (agricultural produce and livestock) markets act, 1966, is an act to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of ..... purchase or sale of livestock except under and in accordance with the conditions of a licence granted to him by the market committee. sub-section (6) of section 7 of the act says that no person shall purchase or sell any notified agricultural produce, livestock, or products of livestock in a notified market area, outside ..... conduct business in the market yard maintained by the municipality was a fee for a licence and could not be treated otherwise. he also relied upon section 52 of the easements act.7. on the other hand, it is contended by smt. c. p. sarathy, learned counsel for the second defendant-market committee, that, admittedly ..... orderm. jagannadha rao, j. 1. this letters patent appeal is preferred against the judgment of the learned single judge dated 25-4-1988 dismissing the first appeal -- a.s. no. 1499 .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-25-1991
Reported in : AIR1991All114
..... v. shiv awatar, air 1980 sc 1575 respectively. in vishesh kumar v. shanti prasad, the supreme court held that s. 115 as amended by u.p. amendment act assigns mutually exclusive jurisdiction to high court and district court and that recognising a revisional power in high court over a revisional order passed by ..... affirmed in two decisions of the supreme court. it would not be reasonable to say thateven though qamaruddin's case does not notice u.p. amendment act and the earlier decision of supreme court approving the full bench decision of this court, it must be deemed to have dissented or departed from ..... has declared that a revision is maintainable against an appellate order of the district judge made under o.43, though without noticing the u.p. amendment act, the matter requires to be considered by a larger bench to determine the effect of the said judgment on the state of law obtaining in this ..... but in a situation where a revision is barred against the appellate or revisional order passed by the district courts and the said order suffers from patent error of law and further causes manifest injustice to the party aggrieved, can it be said that such an order is not amenable to extra ..... order, if allowed to stand, would occasion a failure of justice or cause irreparable injury to the party against whom it was made. explanation.-- in this section, the expression 'any case which has been decided' includes any order deciding an issue in the course of a suit or other proceedings.' 2. a full .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Oct-22-1991
Reported in : (1992)101PLR18
..... to the effect that it could not be held that the indian red cross society haryana state branch is not an industry within the meaning of section 2(j) of the industrial disputes act (for short the act) has rightly not been pressed by the learned counsel. the counsel for the appellant however relying upon a decision of the apex court in surendra ..... , 1981 and that all other stores were closed down with effect from november 6, 1986 were again not pleaded in the writ petition either initially or by way of seeking amendment thereof. no argument in that behalf was raised before the learned single judge. these facts, therefore, cannot be said to be subsequent events and taken note of for the first ..... time in the letters patent appeal. even otherwise the decision in surendra kumar venna's case (supra) in no way helps the appellant for denying the relief of re-instatement to the workman with full .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-1991
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1
..... be helpful were examined, and a draft was initially prepared. on the amendment moved by sir alladi krishnaswamy iyyar the relevant provision was included in the draft in terms similar to section 72(ii) of the commonwealth of australia constitution act (1900) except the last sentence in the following terms:further provision may ..... , on lord coke's dictum in heydon's case and the observations of the earl of halsbury in eastman photographic material company v. comptroller general of patents [1898] a.c. 571 reaffirming the rule in the following words:my lords, it appears to me that to construe the statute in question, it ..... the way the petitioners had been permitted themselves to sit in judgment over him and deal with him the way they did.re : contention (i)67. this argument suggests that the court should, having regard to the nature of the area the decision of the court and its writ is to ..... 19. international bar association at its 19th biennial conference held at new delhi in october 1982 adopted minimum standards of judicial independence. paras 27 to 32 relating to 'judicial removal and discipline' are as under:27.the proceedings for discipline and removal of judges should ensure fairness to the judge, ..... a third case in 1874 the judge died before any action could be taken on motion for appointment of a select committee. recently in 1966-67, a motion for removal of mr. justice leo landreville of the supreme court of ontario was moved and in that connection a royal commission consisting .....
Tag this Judgment!Court : Chennai
Decided on : Nov-19-1991
Reported in : (1992)1MLJ582
..... to be believed that such country liquor is indian-made foreign spirit; or'.8. in section 32 of the principal act, in the third proviso, for the expression 'illicit arrack', wherever it occurs, the expression 'illicit country liquor' shall be substituted.9. (1) the tamil nadu prohibition (amendment) ordinance, 1990 is hereby repealed....the most of offending provisions thus according to the petitioner ..... (suspension of operation), act, 1973, tamil nadu act 37 of 1973 was suspended. in the year 1981, again some amendments were made introducing section l7(b) and section l7(c) in the act authorising the grant of licence for manufacture, sale ..... in so far as they related to toddy and its consumption, vide section 3 of the tamil nadu prohibition (suspension of operation) act 1973, (tamil nadu act 37 of 1973). it underwent another amendment on and from the 1st september 1974, vide tamil nadu prohibition (revival of operation) amendment act 1974, tamil nadu act 34 of 1974 by which the operation of the tamil nadu prohibition ..... j. 1. this appeal under clause 15 of the letters patent of this court is preferred against the judgment in w.p. no. 19417 of 1990. a learned single judge of this court has dismissed the writ petition holding that it is not possible to declare that tamil nadu act 12 of 1990 is ultra vires the constitution of india.2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Decided on : Feb-26-1991
Reported in : (1991)37ITD356(Ahd.)
..... , in the facts and circumstances of these cases, we should fail them not.7. section 154 is a general provision enabling the income-tax authorities to amend any order passed by them under the provisions of the act. such powers may be exercised by them either suo moto or on application by the ..... has become final, on the expiry of the assessment year involved without non-resident exercising his right to claim assessment under section 172(7) the same could not be amended by action under section 154 in a way which results in taking away any relief, concession or benefit already granted to the non-resident. ..... conditions of the dta agreement and instruction of cbdt, whether made in the orders under section 172(7), original or as amended by orders under section 154, amounted to mistakes apparent from record and as such rectifiable under section 154 by passing orders withdrawing the same.6. after hearing the parties we felt convinced ..... amendment of the relevant order may be made only with a view to rectify any mistake apparent from record. a mistake apparent on record, as held by the supreme court in the case of t.s. balaram, ito v. volkart bros.[1971] 82 itr 50 (sc) must be an obvious and patent ..... mistake and not something which can be established by a long drawn process of reasoning on the points on which there may be conceivably two opinions. a decision on a debatable point of law would not be a mistake apparent from record.8. section 172 makes provisions for .....
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