Court : Delhi
Reported in : 59(1995)DLT238; 1995(34)DRJ178
..... right as contemplated by section 29, but in the case of industrial concerns, which are 'existing companies' or companies incorporated under the provisions of the companies act, 1956 and in respect whereof winding up proceedings have commenced, if any sale of security is contemplated by the stale financial corporation, they would he required to ..... on behalf of the state financial corporation, reliance has been placed on various cases. it is contended that rights of the secured creditors under the provisions of companies act, 1913 were duly considered and interpreted by the hon'ble supreme court in the case of m.k. rangunathan vs . government of madras, reported as : [1955 ..... and threatening to take over the possession of the company's unit in exercise of the corporation's powers under section 29 of the stale financial corporations act, 1951. having failed to obtain regularisation of the account of the company in liquidation, the said corporation is stated to have taken possession of the .....
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ1116; 1995(34)DRJ298; 1995RLR524
..... to discharge the accused. (4)that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post-office or a mouth- piece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the ..... action for demanding dowry.(3) the main grievance of the petitioners is that none of them is either residing in the same premises or are responsible for any of the acts alleged against the husband, father-in-law or sister-in-law. one of the four petitioners has since died, who was uncle of the husband. out of the other three .....
Tag this Judgment!Court : Delhi
Reported in : 60(1995)DLT159
..... , 1995. in exercise of the powers conferred by section 122 and 129 of the code of civil procedure, 1908 and section 7 of the delhi high court act, 1966 (act 26 of 1966) and all other powers enabling it in this behalf, the high court of delhi hereby makes the following amendment in the delhi high court ( ..... authorities concerned to resort to the extreme penalty of dismissal of the petitioner. the above said order is also in contravention of section 12 of the probation of offenerds' act. hence arose the necessity for the presentation of the present petition. (8) the petitioner died during the pendency of the writ petition on september 23, 1991 leaving ..... delhi. the petitioner was challaned on the basis of the said firs. five challan sheets were prepared under section 5(1)(c) of the prevention of corruption act read with sections 40914681471134 of the indian penal code. the petitioner was assured by the department that in case he deposited the above said amount no criminal proceedings would .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)(80)ELT680TriDel
..... ld. dr shri k.k. jha submitted that an ocean-going vessel has been accepted as "sea-going vessel and foreign going vessel in merchant shipping act and customs act respectively. he referred to page 668 vol.18 "water transportation, which in this chapter, the distinction between coastal shipping and an ocean going shipping has been ..... export of iron ore from marmugao harbour. thereafter the appellants have obtained certificate of survey dated 28-10-1986 as required under section 27 of merchant shipping act, certificate of interim international load line dated 30-9-1986 issued under the provisions of the international convention on load line, 1966 under the authority of ..... dated 14-10-1986 (k) panama canal tonnage certificate dated 15-10-1986 thus the importers claimed to have obtained all the certificates specified in the merchant shipping act, 1958, which an ocean going vessel should possess. this again they say, is verifiable and it cannot be questioned :-' (vii) the importers also contended .....
Tag this Judgment!Court : Delhi
Reported in : 1996(1)ALT(Cri)24; 1996CriLJ2259
..... person beyond reasonable doubt. courts of justice cannot be awarded by sentiment of prejudice against a person accused of the very reprehensible crime of patricide. they cannot even act on some conviction that an accused person has committed a crime unless his offence is proved by satisfactory evidence of it on record. if the process of evidence on ..... undergo ri for five years under section 307 of the indian penal code. the appellant was also sentenced to undergo rl for one year under section 27 of the arms act. (8) aggrieved and dis-satisfied with the said judgment and order the appellant has approached this court, (9) learned counsel for the appellant mr. k. b. ..... succeeded in proving its case beyond any shadow of doubt against the appellant under section 302/307 of the indian penal code and under section 27 of the arms act. he thus convicted him accordingly under the said sections. the appellant was .sentenced to undergo imprisonment for life under section 302 of the indian penal code. he .....
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ2945; ILR1996Delhi131
..... naturally makes it necessary for the criminal courts to examine the evidence given by such witness very carefully and scrutinise all the infirmities in that evidence before deciding to act upon it. in dealing with such evidence. courts naturally .begin with the enquiry s to whether the said witness ewer chances or whether they were really present ..... of the witnesses examined by the prosecution and the circumstances of the case either that what would otherwise be an offence is not one becaused the accused has acted within the strict confines of his right of private defense or that the offence is mitigated became the right of private defense has been exceeded.' (28) there ..... who first hit the appellant with a lathi'. furthermore., the appellant has nowhere in his statement under section 313 criminal procedure code . has taken up this defense that he acted in self- defense and gave the knife blows to the deceased in order to save his own life as the deceased first had hit him with a lathi .....
Tag this Judgment!Court : Delhi
Reported in : 1996CriLJ3347
..... and is corroborated by other evidence, there is no reason why a child should not be believed. after all he is a competent witness under section 118 of the evidence act. we are tempted here to cite the observations of the hon'ble supreme court as : 1981crilj746 suresh v. state of u.p., wherein their lordships while relying on the testimony ..... considering the evidence of the witness, as a whole, with due caution and care, accept, in the light of the other testimony which he finds to be credit-worthy and act upon it. if in a given case, the whole of the testimony of the witness is impugned, and in the process, the witness stands squarely and totally discredited, the judge .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi107; 1996(39)DRJ299; (1996)IILLJ940Del
..... minimum admission percentage was raised to 50 per cent by circular issued by the school. in that context the court held that recognised school is covered by the education act and rules and cannot have its own criteria of admission. the criteria, accordingly, was held arbtirary, unreasonable and irrational, similarly, in the judgment as reported in raj ..... petition is directed against the respondents to declare the petitioner as 'passed' student from vith class to viith class and for permission to join that class in the bal bharti public school, sector 14, rohini, respondent no. 4 herein.2. the petitioner is a student of the said school and appeared in class vi examinationheld for ..... govt. of national capital territory of delhiold secretariatdelhi -- 110054. 11-4-1996 parents of shivani kapoor have brought to the notice of c.m. that bal bharti public school, sector-14, rohini, delhi has prescribed minimum pass marks as 40% in each subject which is at variance with the delhi school education .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1997)(69)LC107Tri(Delhi)
..... that these material facts could not have been concocted by the department and got it recorded through ravi garg in the statement recorded under section 108 of the act. it was also noted that ravi garg had merely sent a letter stating that the statement had been forcefully recorded. the tribunal noted that he had admitted ..... accomplices being settled questions of law, by various decisions of hon'ble supreme court, therefore, the questions are not referrable under section 130(1) of the customs act, 1962. the tribunal further held that it is settled law that the retraction will not have the effect of wiping out the earlier confessional statement. the tribunal further ..... this reference application seeking reference of the questions noted below for reference to the high court in terms of sub-section (1) of section 130 of the customs act, 62. the appellant's counsel has framed eight questions for reference which are noted hereinbelow: i. whether the appellate board was right in giving a finding .....
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)654; 65(1997)DLT473; 1997(40)DRJ256
..... and relevancy of the law laid down by the supreme court in hindustan livers ltd. case (supra) to the provisions of section 116(3) of delhi act, but she submitted that the delhi municipal corporation has framed bye laws called the municipal corporation (determination of rateable value bye-laws) 1994 (hereafter-r.v. ..... by the supreme court in hindustan livers ltd. vs . municipal corporation of greater bombay & ors. : [1995]3scr807 wherein pari materia provision of bombay municipal act, 1888 came up for consideration of their lordships. the cost of air-conditioning machinery was included in the cost of construction for the purpose of assessing the rateable ..... 12.89.'(3) though challenge was also laid to the virus of the provisions contained in sub-section (3) of section 116 of the delhi municipal corporation act, 1957, however, shri arun jaitely, the learned senior advocate appearing for the petitioner has submitted that in the present petition, the petitioner confines his challenge .....
Tag this Judgment!