Court : Kolkata
Reported in : (2006)1CALLT240(HC),2006(2)CHN442,I(2006)DMC737
..... would not speak the truth. not only does an adverse inference arise against the prosecution for his non production in view of illustration (g) to section 114 of the evidence act, but the circumstances of his being withheld cast a serious reflection on the fairness of the trial.11. mr. bagchi next submits that there was absolutely no evidence to show .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2009Cal16
..... government is dealing with the public, whether by way of giving jobs or entering into contracts or issuing quotas or licences or granting other forms of largess, the government cannot act arbitrarily at its sweet will and like a private individual, deal with any person it pleases, but its action must be in conformity with standard or norm which is not ..... ) held 'it must, therefore, be taken to be the law.... that even in the matter of grant of largesses including award of jobs, contracts quotas and licences, the government must act in fair and just manner and any arbitrary distribution of wealth would be violative of the law of the land. mr. satish sharma has ..... acted in utter violation of the law laid down by this court and has also infracted article 14 of the constitution of india. as already stated a minister in the central .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2004(2)JKJ447
..... decision; and, thereafter, contemporaneous correspondence exchanged between the parties, the intention of the parties gathered unequivocally and the expression used therein and how the parties acted there upon, borne out from the record of the respondents, clearly establish all essential requisite traits of an agreement and consensus ad idem spelt out therefrom ..... of law.'in case titled gujarat state financial corporation v. lotus hotels pvt. ltd., (1983) 3 scc 379, the apex court has held as under:'acting on the promise of the appellant evidenced by documents, the respondent proceeded to suffer further liabilities to implement and execute the project. in the backdrop of ..... patently against the basic principles of law and natural justice cannot sustain the test of law.(ii) the respondents by their conduct were legally estopped to act contrary to the orders earlier passed including the government order no. 34-pdd of 2002.(iii) the decision regarding privatization already had the sanction of .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2008(1)JKJ15
..... is just washed away; the state would still get an opportunity to cross-examine her in case she does not support the case of the prosecution; the court can even act upon the statement of a hostile witness and, therefore, all the situations are still open before the court and it cannot be just said that once the petitioner is re .....
Tag this Judgment!Court : Delhi
..... with interest thereof during a period of not less than five years; (b) "public company" shall have the meaning assigned to it in section 3 of the companies act, 1956 (1 of 1956); (c) "urban infrastructure" means a project for providing potable water supply, sanitation and sewerage, drainage, solid waste management, roads, bridges and ..... attached to, or permanently fastened to, anything attached to the earth;][(xi) deposits with the industrial development bank of india established under the industrial development bank of india act, 1964 (18 of 1964);] [(xii) any other form or mode of investment or deposit as may be prescribed.]"12. this court in the case of director ..... investment", "deposit" and "loan" are certainly different. section 11(5) refers to pattern of investment by the assessee. section 11(5) was introduced by the finance act, 1983, with effect from april 1, 1983, i.e., for and from assessment year 1983-84. it prescribes the forms and modes of investing and depositing money referred .....
Tag this Judgment!Court : Chennai
..... to one bakthavatchalam even before the accident.12. per contra, ms.malar, the learned counsel for the first respondent/claimant contended that under sec.2(30) of motor vehicle act, the 'owner' means a person in whose name a motor vehicle stands registered and under sec.50(1)(a) the transferor is required to report fact of transfer to ..... granted to the driver was only for driving a light motor vehicle. the defence raised by the appellant falls under the purview of sec.149(2) of motor vehicle act. since the rider of the motor cycle had no appropriate licence to ride motor cycle with gear, there was a breach of condition of the contract of insurance policy ..... , the hon'ble supreme court held that since the scooterist was driving totally different class of vehicle, it is in violation of sec.10(2) of the motor vehicle act and therefore, the insurer cannot be held liable to pay compensation. but however, in view of the decision of the hon'ble supreme court in national insurance company ltd., .....
Tag this Judgment!Court : Allahabad
..... recognized canons of interpretation. the court may, for example, prefer an alternative construction, which is less well fitted to the words but better fitted to the intention of the act. but here, there is no alternative construction; it is simply a case of something being overlooked. we cannot legislate for casus omissus." 7. the hon'ble apex ..... 4. this court is aware that the rules of the interpretation are not rules of laws and are not to be followed like rules enacted by legislature in interpretation act as observed by the hon'ble apex court in superintendent and remembrance of legal affairs, west bengal v. corporation of calcutta, air 1967 sc 997. the principles ..... agra it has not been disputed or denied and nothing has been said about that. 5. moreover, regulation 4 chapter iii of regulations framed under the intermediate education act, 1921, which is applicable in the case of appointment of class iv employee by virtue of regulation 100 chapter iii reads as under: "any teacher who is a .....
Tag this Judgment!Court : Delhi
..... of the complainant was that the petitioner was a silent spectator and did nothing. this is what she stated to the sdm in her first statement. there is no overt act of the petitioner in causing injury to the complainant. further the demand of a loan of rs.5. lakhs for purchasing the new house, as held in catena of judgments .....
Tag this Judgment!Court : Chennai
..... 05.2003. however, we are not in agreement with the contra view taken by the central administrative tribunal, chennai that even though the respondents (petitioners) have acted in accordance with the rules and statutory instructions, considering the fact that the delay has occurred for want of vacancies within the ceiling of 5% for compassionate ground ..... 2007 stating that she should file an appeal to the chief commissioner of the central excise, chennai, who being the appellate authority, under the right to information act, 2005. therefore, an appeal dated 10.07.2007 has been made to the chief commissioner of central excise, chennai and in reply to that the chief ..... not possible to be offered, his/her case will be finally closed and will not be considered etc. and also opined that even though the respondents have acted in accordance with the rules and statutory instructions, considering the fact that the delay has occurred for want of vacancies within the ceiling of 5% for compassionate .....
Tag this Judgment!Court : Chennai
..... there is no impediment for the respondent to continue the fair rent proceedings apart from any other proceedings to be taken as per the provisions of rent control act in respect of the demised building. therefore, the arguments advanced by the learned counsel for the revision petitioner/tenant as to the maintainability of the proceedings insisted ..... entitled to collect the rent, he would be called as landlord for all purpose and entitled to launch any proceedings under tamil nadu buildings lease and rent control act. moreover, the respondent was also one of the co-owners in respect of the demised building. therefore, i find no force in the argument advanced by the ..... respect of the entire property including the demised building and therefore the respondent would be considered as landlord as per the definitions under section 2(6) of the act. if the will executed by a father in favour of the respondent/tenant was probated in testamentary proceedings and the suit filed by the mother and sister .....
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