Judgment Search Results Home > Cases Phrase: pharmacy act 1948 section 2 interpretation Court: chhattisgarh Page 1 of about 45 results (0.035 seconds)

Ram Prasad Agrawal Vs. Rammanohar Soni

Court : Chhattisgarh

Reported in : 2008(1)MPHT1(CG)

..... above scenario, this appeal raises the following two substantial questions of law:(a) whether the first appellate court erred in not appreciating the evidence on record relating to the ground of eviction of the tenant under section 12(1)(b) of the act and thereby fell into error while affirming the finding recorded by the trial court under section 12(1)(b) of the act without application of mind to the evidence led by the parties? ..... the lower appellate court, while affirming the judgment and decree under section 12(1)(b) of the act, 1961 passed by the trial court, stated in para 11 of the judgment as under:lozizfke vf/kfu;e] 1961 dh /kkjk 121ch ds vk/kkj ij ikfjr fu'dklu dh fmdzh ij fopkj djrs gs a vkyksp; fu.kz; dh dafm+dk 26 yxk;r 31 esa fd, x, lk{; fo'ys'k.k ,oa fu'd'kz ls ;g vnkyr lger gs a vr% lk{; dk iqu% fo'ys'k.k dj fu'd'kz dk dkj ..... substantial question of law is accordingly answered that the pleadings of the appellant/defendant in para 2 of the written statement did not constitute denial of title of the landlord so as to provide a ground under section 12(1)(c) of the act, 1961 to the respondent/plaintiff for eviction of the appellant/defendant. ..... , having failed to establish ground for eviction of the appellant/defendant under section 12(1)(c) of the act, 1961, is not entitled to evict the tenant on that count. ..... it was also submitted that for constituting a ground under section 12(1)(b) of the act, 1961, it is not necessary that sub-letting should continue on the date .....

Girjabai Vs. State of Madhya Pradesh (Now Chhattisgarh)

Court : Chhattisgarh

Reported in : II(2007)DMC797; 2007(1)MPHT127(CG)

..... it was for the accused to explain as to how her daughter-in-law sustained injuries, which resulted into her death because this was the house of accused, as per the provisions of section 106 of the evidence act, it was within the special knowledge of the accused to explain that how her daughter-in-law sustained injuries in the house. ..... before this court is as to whether in the circumstances extra judicial confession made by the accused is hit by section 25 of the evidence act, merely because same was made 'in presence of police', as the above extracted provisions of section 25 of the evidence act envisages that any confession made 'to' a police officer, shall not be proved against the accused. ..... the provisions of section 24 of the evidence act which contemplate that when confession appears to the court has been caused by any inducement, threat or promise having reference to the charge against the accused person that is why section 24 of the evidence act envisages that confession caused by inducement, threat or ..... the spirit behind the provisions of sections 25 and 26 of the evidence act is that any confession made 'to' a police or 'in the custody of the police' cannot be used as against the maker for the reason that the police being investigating agency, there ..... was made by accused girjabai in presence of hawaldar and dwarika prasad tandon, police officials, therefore, extra judicial confession is hit by section 25 of the evidence act and same is not admissible in evidence.11. .....

Sanat Kumar Sonkar, and anr. Vs. Moti Lal Sonkar, and anr.

Court : Chhattisgarh

..... appellant was present incised the house along with his son chaitram at the time of commission of such incident who was under obligation to explain the circumstances in terms of under section 106 of the evidence act but present appellant has not offered any explanation while along with the question of offence committed in secrecy and requirement of explanation. 21. ..... p-9 and same was recorded in the police station premises therefore, same is hit by under sections 25 & 26 of the evidence act except aforesaid evidence prosecution has not collected any evidence against the appellant therefore conviction and sentence of the appellant is not sustainable under the law. ..... /2003 whereby and where under after holding the appellant guilty for the commission of offence of culpable homicide amounting to murder of his son chaitram convicted the appellant under section 302 of the indian penal code and sentenced imprisonment for life and fine of rs. ..... confession made to police is not admissible in evidence and is hit by under sections 25 & 26 of the evidence act but extrajudicial confession made in the police station premises or any premises of police station is not hit by under sections 25 & 26 of the evidence act. 11. ..... in view of section 106 of the evidence act there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the crime was ..... statements of the witnesses were recorded under section 161 of the code of criminal procedure, 1973 (in short `the code .....

Shri Gurucharan Singh Vs. Premabai Shrivastava

Court : Chhattisgarh

Reported in : 2001(3)MPHT87(CG)

..... a comparison of clauses (e) and (f) would make it clear that these clauses use different phraseology; while under clause (c) of section 12(1) of the act the need of family member is considered to be the need of landlord; but in view of the phraseology of clause (f) the need of family member cannot be considered to be the need of landlord.15. ..... shri soni, learned counsel for the appellant submits that in view of the language of section 12 (1) (f) of the act and its juxta-pose reading with the pleadings raised by the plaintiff/land-lady, the suit for eviction could not be decreed against the present appellant/defendant because the need was not in ..... according to him, as the need of the grandson is not need of landlady, in view of the language employed in section 12 (1) (f) of the act, the courts below were not justified in decreeing the suit.6. ..... for seeking a decree on the foundation of clause (i) of section 12 (1) of the act, the landlady had to prove that the tenant had built an accommodation suitable for his residence or the tenant has acquired vacant possession of an accommodation suitable for his residence of the tenant has been allotted an ..... so far as the grant of decree under clause (i) of section 12 (1) of the act is concerned, the same, in the opinion of this court, is absolutely illegal and is contrary to law.20. ..... the decree based on the ground of section 12 (1) (f) of the act can not be allowed to stand, it deserves to and is accordingly set aside.19. .....

Smt. Priti Dubey Vs. Pramod Kumar Agrawal

Court : Chhattisgarh

Reported in : 2005(4)MPHT71(CG)

..... control act (hereinafter referred to as 'the act') and also on the ground of using of premises for a different purpose (for commercial purpose) which is inconsistent with the purpose (residential purpose) for which the tenant was admitted to the tenancy of the accommodation, under section 12(1)(c) of the said act.3. ..... rather, the scene is enacted behind the back of the landlord, concealing the overt acts and transferring possession clandestinely to a person who is an utter stranger to the landlord, in the sense that the landlord had not let out the premises to that person nor had he allowed or consented to his entering ..... is a concurrent finding of the two courts below in relation to the above question and the same can not be disturbed in the second appeal under section 100 of the code of civil procedure.18. ..... section 14 of the act provides that no tenant can sub-let the tenanted premises or part thereof without the written consent of the ..... mentioned under section 12(1)(b) as well as 12(1)(c) of the act. ..... a perusal of section 100, cpc makes it clear that the scope and exercise of jurisdiction by the high court in the second appeal under section 100 is limited to the substantial questions of law framed at the time of admission of the appeal or additional substantial questions of law framed at the later stage after recording reasons for the ..... this appeal under section 100 of the code of civil procedure has been directed against the judgment and decree dated 20-12-2004 passed in civil appeal .....

Shyam Lal Agrawal and ors. Vs. Sardar Guruvachan Singh

Court : Chhattisgarh

Reported in : 2004(4)MPHT43(CG)

..... opinion that when the application of the respondent was rejected twice earlier on the ground of principle of res judicata, the learned 8th additional district judge ought not to have exercised the power under section 151 of the code of civil procedure and that too on an oral request made by the counsel for the respondent and further that the matter was already fixed for judgment after hearing the arguments ..... to be dismissed by the learned district judge after trial vide its judgment dated 8-4-2000, therefore, in my opinion, even though same parties were there in the above two suits, but as far as the other requirement of section 10 of the code of civil procedure is concerned, the condition, the matter in issue should also be directly and substantially in issue in a previously instituted suit must be satisfied in order to stay the proceeding of the ..... even on the principle of res judicata the learned additional district judge was not within its right to pass the impugned order, as the applications of the respondent herein filed under section 10 of the cpc and thereafter under section 151 of the cpc were already rejected vide orders dated 16-3-99 and 20-6-2000, as the principles of res judicata also applies in the case of intermediatory order passed in the same ..... abuse of the process of the court by trying to induce the court to render section 12 of the act as otiose and redundant. ..... act, 1961 setting at naught the legislative mandate thereby rendering nugatory the provisions of section .....

Commissioner of Income Tax Vs. D.R. Bansal and ors.

Court : Chhattisgarh

Reported in : (2010)228CTR(NULL)247

..... any books of account, other documents, money, bullion, jewellery or other valuable article or thing are or is found in the possession or control of any person in the course of a search under section 132 or survey under section 133a, it may, in any proceedings under this act, be presumed-(i) that such books of account, other documents, money, bullion, jewellery or other valuable article or thing belong or belongs to such person;(ii) that the contents of such books of account ..... are based on conjectures, surmises and apprehensions and the assessees successfully rebutted the presumption available under section 132(4a) of the act.he further submitted that the cit(a) has discussed the availability of presumption under section 132(4aj of the act in detail, though the tribunal has not considered the availability of presumption under section 132(4a) in its order, however, the tribunal has affirmed the finding recorded by the cit(a) ..... confession was made by them with the sole object to help their employer and the same falls within the purview of section 24 of the indian evidence act.in appeal before the tribunal, presumption available under section 132(4a) with respect to recovery of loose sheets was raised by the revenue, however, the tribunal did not give ..... income-tax appellate tribunal, nagpur bench, nagpur (in short 'the tribunal') has made this reference under section 256(1) of the it act, 1961 at the instance of cit, jabalpur and referred the following question of law arising out of .....

Narayan Vishvnath Rajput Vs. State of Chhattisgarh

Court : Chhattisgarh

Reported in : 2007CriLJ3908

..... however, they were acquitted of the charges framed under section 3(2)(v) of the special act for the reasons that it was not established that the aforesaid offence was committed on the ground that the victim was a member of scheduled castes or scheduled tribes and the appellants were having such ..... the appellants were charged under section 376(2)(g), ipc read with section 3(2)(v) of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989 (hereinafter referred to as the special act.3. ..... 82/2000, whereby, the appellants were convicted under section 376(2)(g) ipc, and sentenced to undergo r.i. ..... the sessions court committed no error of law by holding the appellants guilty of offence punishable under section 376(2)(g), ipc.14. ..... on trial, the special judge convicted the appellants under section 376(2)(g), ipc. ..... as argument regarding possibility of a consenting party is concerned, the apex court held that there is a difference between consent and submission and every consent involve a submission but the converse does not follow and a mere act of submission does not involve consent. ..... this judgment shall govern the disposal of both the criminal appeals as they arise out of a common judgment dated 8th august, 2001 passed by the special judge (sc & st (prevention of atrocities) act), raipur in special sessions case no. .....

Bhartiya State Bank Vs. Bhanjan Singh and Another

Court : Chhattisgarh

..... the interpretation of section 25(3) provides that a debtor can enter into an agreement in writing to pay the whole or part of a debt, which the creditor might have enforced but for the law of limitation, and a suit can lie on a ..... this proposition was interpreted by the supreme court in bombay dyeing ..... in order to appreciate the fact, section 25(3) of the indian contract act would be relevant, which is quoted ..... therefore will bring the case within the section 25(3) of the contract act. ..... the said document was within the ambit of section 18 of limitation act, 1963 and was not made before the expiration of prescribed period for suit, but if we look to ex.p-19 it would reveal that it is not merely an acknowledgment but there is also a further expression attached with ..... in order to invoke the provisions of section 25(3), the following conditions must be satisfied : (i) it must refer to a debt which the creditor but for the period of limitation, might have enforced; (ii) there must be a distinct promise to pay wholly or in part such debt; ..... however, has no application where the original right of action is extinguished not by the act of the law but by the act of the parties. 11. ..... certified copy of the account book under the bankers book of evidence act was marked was ex.p-13, ex.p-14, ex.p- 15 and ex.p-16. ..... may be sufficient to sustain a promise, where the moral obligation is one which has once been a valuable consideration, but has ceased to be binding from some supervent act of the law. .....

Ashok Kumar Tiwari Vs. Bhagwat Prasad Vishwakarma

Court : Chhattisgarh

Reported in : 2009(5)MPHT64(CG)

..... the application for eviction under section 23-a of the act filed by the landlord stands ..... (ii) whether the order passed under section 13(6) of the act striking out the defence of the tenant can be questioned in a revision filed against eviction order ..... the tenant despite notice did not vacate the suit premises, hence application under section 23-a of the act for eviction of tenant was filed.3. ..... applying same analogy which is applicable in appeal, in the opinion of this court, the correctness and validity of the said order can also be examined by this court in exercise of revisional powers conferred upon it under section 23-e of the act which are wider than under section 115 of cpc. ..... this way of the matter, even ignoring the evidence adduced by the tenant, it would appear that the pleading regarding alleged requirement of the suit shop are not in conformity with the provisions contained in section 23-a(b) of the act and are vague. ..... the application filed under section 13(6) of the act was rejected on ..... as per section 23-a(b) of the act, the accommodation let for non-residential purpose if required bonafide by the landlord for the purpose of continuing or starting his business or that of any of his major sons or unmarried daughters whereas as per the pleadings ..... are involved in this revision:(i) whether the eviction order passed by learned rent controlling authority requires interference of this court in exercise of revisional jurisdiction conferred upon it under section 23-e of the act? .....