Court : Chennai
..... the original documents before the court and what happened to the original. so, the prosecution has failed to satisfy the condition imposed in section 65 of the indian evidence act before letting secondary evidence. in such circumstances, exs.p.1 to p.4 are not admissible in evidence. so, those documents are liable to be rejected. ex ..... sree v. u.srivas reported in 2013 (2) scc114 wherein that judgment has been confirmed.11. it is also useful to refer to section 65 of the indian evidence act, 1872, which reads thus:"5. cases in which secondary evidence relating to documents may be given. - secondary evidence may be given of the existence, condition or contents ..... large number of limitations.10. it is appropriate to incorporate paragraph 12 of the said decision, which reads thus:"2. the provisions of section 65 of the 1872 act provide for permitting the parties to adduce secondary evidence. however, such a course is subject to a large number of limitations. in a case where the original documents .....
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..... i) in (2000) 8 scc382[state of west bengal vs. mir mohammed omar and others]., the hon'ble apex court has held that ?.under section 106 of the indian evidence act, 1872, inference can be drawn against a person who is having knowledge about particular case.?. (ii) in 2013 8 scc60[babu @ balasubramanian and another v. state of tamilnadu]. it ..... tacitly consented.25. as noted down in many places that if a fact is especially within the knowledge of a particular person, as per section 106 of the indian evidence act, 1872, entire burden lies upon him. otherwise, inference can be drawn. in the instant case, replete evidence is available so as to come to a conclusion that ..... at all been cross examined to the vital aspect of evidence adduced by them and their uncontroverted evidence would be sufficient to invoke section 106 of the indian evidence act, 1872 and since the accused has failed to explain as to how death has occurred to her husband, inference can be drawn to the effect that she murdered .....
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..... would be appropriate to approach the concerned authority than to approach the court to invoke writ jurisdiction. ii. section 255 of the coimbatore city municipal corporation act grants power to declare a private passage as public street. such declaration/resolution can be passed only on requisition made by majority of land owners and not ..... has an effective, viable and alternative remedy of approaching the state government either to suspend or cancel the resolution in terms of the tamil nadu district municipalities act, 1920, the learned additional advocate general for the respondents 1, 3 and 13 seeks in aid of the division bench judgment of this court in kanagam ..... reasons are not apparent. nor did the district collector bring to the notice of the council that the resolution was in violation of the provisions of the act. these powers conferred on the controlling authorities are coupled with the duty to take necessary action. one of the objects underlying the controlling powers is to .....
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..... / a life convict, bearing prisoner no.16808, is concerned, in kottar p.s.cr.no.1151/1994, for the offences under sections 302, 148, 143 and 144 of indian explosive act, he was convicted to death sentence by the learned sessions judge, thirunelveli, on 05.10.1998. further, he was admitted in central prison, palayamkottai on 05.10.1998. the said .....
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..... with him, we cannot concede that this court is bound to follow it. it was delivered without argument, without reference to the relevant provisions of the act conferring express power on the municipal corporation to direct removal of encroachments from any public place like pavement or public streets, and without any citation of authority. ..... as the part of ratio decidendi. hence, in light of the aforementioned judicial pronouncements, which have well settled the proposition that only the ratio decidendi can act as the binding or authoritative precedent, it is clear that the reliance placed on mere general observations or casual expressions of the court, is not of much ..... by the hon'ble division bench. the hon'ble division bench also did not consider whether the notification was in consonance with the provisions of the act or the earlier enabling notification. the directions and the observations regarding the notification dated 31.01.2011 cannot be isolated from the ultimate decision of the .....
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..... her to execute such kind of will only in favour of nearest legal heirs and further testamentary succession puts an end to line of succession, available under the hindu succession act, 1956. therefore, viewing from any angle, the first contention put forth on the side of the appellant/plaintiff is sans merit and the same cannot be accepted.26. the ..... (2) of hindu succession act, 1956 (30 of 1956) if any property inherited by a female hindu from her husband or from her father-in-law shall devolve, in the absence of any son or ..... . (d) in 2010 (5) ctc364[s.r.srinivasa and others v. s.padmavathamma]. the hon'ble apex court has held that ?.object of section 15(2) of hindu succession act, 1956 (30 of 1956) is to revert to source, if any female inherited particular property dying intestate.?.18. it is a settled principle of law that as per section 15 .....
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..... between the petitioner and the alleged detenue, which was registered in the office of the sub registrar, k.pudupatti, on 12.03.2014 and that being aggrieved over the forcible act, the petitioner has filed an original petition on the file of the learned subordinate judge, pudukottai, to declare the marriage as null and void. 5.learned additional public prosecutor further .....
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..... the constitutional court with a grievance that he has been illegally detained. 138.decisions relied on by the learned additional public prosecutor relate to either cofeposa act or nsa act. even the facts in aruna kumari's case (cited supra), are inapposite to the present case. 139.for the reasons, stated supra, this ..... arrived at, with reference to reasonability, on the basis of antecedents and when the detaining authority has bonafidely intended to prevent a person, from indulging in acts, prejudicial to the maintenance of public order, then the detaining authority should be given a latitude to consider the materials, which are relevant, to assess ..... passed after following the procedure and after arriving at the subjective satisfaction that there was compelling necessity, and in order to prevent the detenue, from acting in any manner prejudicial to the maintenance of public order. 6.learned additional public prosecutor further submitted that there is no delay in considering the representation .....
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..... property is not a fundamental right, nevertheless, it is a constitutional right under article 300-a of the constitution. therefore, the provision of the land acquisition act should be scrupulously followed. analysing the facts and circumstances of the case, the hon'ble supreme court in the judgments cited supra has ultimately held that there ..... case on hand, even before 4(1) notification, objections were raised by some of the petitioners and after notification under section 4 (1) of the act, objections were again raised by some of the petitioners and the revenue authorities were informed by the registering officer about the sales made. despite all the above ..... totally distinguishable. in that case, the appellant, admittedly purchased the property subsequent to 4(1) notification. when subsequent enquiry was held under section 9 of the act, his grievance was that he was not heard. in those circumstances, the hon'ble supreme court held that having failed to effect mutation in the revenue records .....
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..... policy provides for absorption of artisan trainees and supervisory trainees from and among the apprentices on satisfactory completion of their apprenticeship training under the apprenticeship act. the respondent management under the old practice, recruited upto 1998 through absorption apprentices trained upto 1993. thereafter, there was recruitment ban from 1998 ..... identical contract of apprenticeship training entered into with the management, in the absence of any clause as contemplated under section 22(2) of the act. the petitioners are also bound by the specific clause in the identical notification to employment exchange and offer letters relating to their selection as ..... the right of employment which inturn based on the contract of apprenticeship, the writ petitions filed before exhausting the remedy available under the apprentices act are hence not maintainable. 10.on facts, the firs.aspect to be considered herein is regarding the procedure for selection of the candidates for .....
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