Court : Supreme Court of India
Reported in : JT1987(1)SC730; 1988Supp(1)SCC167
ORDERM.P. Thakkar, J.1. We have been taken through the judgment of the High Court as also the evidence of the material witnesses. On carefully examining the material we are satisfied that this is a case of benefit of doubt and the High Court was perfectly justified in acquitting the respondents. Under the circumstances, the appeals against the order of acquittal must fail. The Special Leave Petitions moved by the brother of the deceased must also accordingly fail. The appeals are dismissed. So also the special leave petitions are dismissed....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC731; JT1987(1)SC369; 1987(1)SCALE249; (1987)2SCC63; [1987]2SCR179; 1987(1)LC621(SC)
..... the need for issuing those permits is beyond dispute. but, on the other hand for nearly six years, it is stated, that the state transport authority of pondicherry is issuing temporary permits under section 62 of the act repeatedly in respect of the routes the disadvantages suffered by the persons belonging to the scheduled castes, scheduled tribes ..... scheduled tribes with reasons for shortfall if any. yours faithfully, sd/- b.r. chavan deputy secretary to the government of india. 4. the union territory of pondicherry after the lapse of nearly seven years from the date of the amendment of section 47 of the act issued rules regarding reservations to be made in favour of ..... of punjab and ors. [1963] supp. 1 s.c.r. 800. the revalidation or renewal of a temporary permit or extension of the period for which a temporary permit is issued is not contemplated by law. the issue of temporary permits by the state transport authority in the instant case continuously for a number of years is clearly in .....
Tag this Judgment!Court : Chennai
Reported in : (1988)1MLJ432
..... specified enactments under the regulations extended to that territory, order 5 of the said act could not invoked.14. in conclusion, after referring to the provisions of the pondicherry (extension of laws) act, 1968, and that c.p.c. had come into force on and from 1.8.1966 in the union territory of ..... his contention that the same period of limitation as obtaining in other parts of the country will have to be in force, overlooks the constitutional provisions. in making laws for pondicherry territory, several enactments have been made which are different from what are obtaining in other party of the country act 26 of 1968 provides only for the enumerated acts ..... v. antonio : [1979]3scr494 , the provisions of french civil code dealing with the subject of limitation of suits, etc, in force in the union territory of pondicherry is 'local law' and these provisions have to be read into the 1963 act, as if the schedule to the said act is amended mutatis mutandis. this court adopted the same view .....
Tag this Judgment!Court : Delhi
Reported in : [1987]65STC333(Delhi)
..... 1941. it is urged that on the reasoning given by the supreme court in b. shama rao v. union territory of pondicherry [1967] 20 stc 215, the extension of the aforesaid act to delhi is bad. 11. this contention is not available to the petitioners in view of the ..... when section 8(2)(a) was enacted. the whole scheme of the central sales tax act is to adopt the machinery of the law relating to sales tax acts of the various states, in cases where those states happen to be the appropriate states as also the rates ..... may exceed the local rate in case that rate be less than 10 per cent.' 14. the supreme court also noticed difference between the law which was struck down by the supreme court in the case of b. shama rao [1967] 20 stc 215 and that contained in ..... p.) ltd. v. commercial tax officer, hubli.] 13. in [1974] 33 stc the supreme court observed as under : 'the policy of the law in this respect is that in case the rate of local sales tax be less than 10 per cent, in such an even the dealer, if the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC856; 1986(9)ECC56; 1986(6)LC553(SC); 1986(24)ELT175(SC); 1986(1)SCALE293; (1986)2SCC288; [1986]1SCR440; [1986]Supp1SCR440; 1986(2)LC290(SC)
..... authorities which are impugned in this appeal we find that they have not made any attempt to determine the wholesale cash price of the goods in question in accordance with law. it appears that both the authorities felt that they were bound by the maximum prices notified by the government of india and the excise duty was payable on that basis .....
Tag this Judgment!Court : Mumbai
Reported in : 1987(1)BomCR130
..... therein that it is proposed to create legislatures and council of ministers in the union territories of himachal pradesh, manipur, tripura, goa, daman and diu and pondicherry, broadly on the same pattern which was in force in some of the princely states before the reorganisation of the states. it was further stated that the ..... on the central government by sub-section (3) of section 3 is violative of article 14 of the constitution since guidelines in the act are not extensive and the exercise of such discretion may become arbitrary and subject to the whims of the authority concerned. in our view, the authorities relied upon by mr ..... as for example, they make discriminatory classification which is not founded on intelligible defferentia having rational relation to the object sought to be achieved by the law or they arbitrarily select persons or things for discriminatory treatment. it was further observed that there is also another category of cases where without enactment of specific .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ253
..... the corporation was to recover damages only, as the provisions of the specific relief act (hereinafter referred to as the act) had not been made applicable to the territory of pondicherry then and therefore, by a retrospective application of the provisions of the act, the corporation cannot seek to enforce a right to obtain specific performance of the agreement for the ..... lessor to grant the renewal under ex.a-2 on 14.11.1977 long after the coming into force of the provisions of the act, even with reference to the pondicherry territory. the cause of action for seeking a renewal in accordance with article 3(b) of ex.a-1 had arisen in this case only after the sending of the ..... lease deed relating to renewal was not an empty formality, but was one intended to be acted upon and that in accordance with that, it was entitled to a further extension of 20 years and that the suit was instituted only with a view to get enhanced rent. it was also the further plea of the corporation that as the notice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC803; (1986)1GLR600; 1985(2)SCALE1500; (1986)1SCC566; [1985]Supp3SCR872; 1986(1)LC138(SC)
..... requirements aforesaid. proper inquiry was held under section 5-a of the act and full opportunity was given to the appellants. it was not the requirement of the law to give any further opportunity after a report was made to the state government. it is the function of the state government to consider the report of the ..... the learned counsel that this view was not followed by gujarat high court in a subsequent decision in vasudev chunilal pancholi v. state of gujarat and ors. 25(2) gujarat law reporter 644. in this decision, the high court following the decision in bai malimabu etc. v. state of gujarat and ors. : air1978sc515 , held that individual notice under ..... aside the acquisition proceedings. the high court placing reliance on the earlier decision of the high court in ashokkumar gordhanbhai v. state of gujarat and ors. 10 gujarat law reporter 503 held that under section 4 of the land acquisition act read with rule 1 of the rules framed by the state government under section 55 of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1986)81ITD181(Kol.)
..... (25a) of section 2 of the act. union territories of dadra and nagar haveli, goa, daman and diu and pondicherry did not form part of india in 1961 when the act came into force and, therefore, the act was expressly extended to those territories by the taxation laws (extension to union territories) regulation, 1963 with effect from 1-4-1963. no such ..... extension was made to the state of sikkim. (4) the assessee had though a residential house at siliguri in the state of west bengal ..... noticed that the union territories of dadra and nagar haveli were admitted into indian union on 11-8-1961 and goa, daman and diu on 20-12-1961 and pondicherry on 16-8-1962 and the act was extended thereto with effect from 1-4-1963 and for the purpose of section 6, the said territories were taken as .....
Tag this Judgment!Court : Chennai
Reported in : (1986)1MLJ329
..... the indian majority act, 1875 is one of the enactments specified in part i of the schedule. section 3(1) of the pondicherry (extension of laws) act, 1968, further provided that such extension shall be subject to the modifications, if any, specified in the schedule and it is seen from the schedule that nothing in the ..... act extended were inapplicable. section 4(1) of the pondicherry (extension of laws) act, 1968 repealed other laws in force in pondicherry as and from the coming into force of the act specified in part i of the schedule in pondicherry. the saving under section 4(2) of the pondicherry (extension of laws) act, 1968, provided that any right, privilege, obligation ..... be under the french code civil overlooking that the provisions of the indian majority act had been extended to pondicherry with effect from 18.12.1968 by a notification under section 3(2) of the pondicherry (extension of laws) act, 1968. according to him, if the provisions of the indian majority act should apply, then .....
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