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Swastika Woollens Vs. Presiding Officer, Employees Provident Fund Appe ...

Court : Punjab and Haryana

Reported in : (2003)ILLJ241P& H

..... petitioners have filed replications reiterating their plea against the levy of damages.11. we have heard learned counsel for the parties.12. the provident funds act, 1952 provides for the institution of compulsory provident funds for employees in factories and other establishments. it applies to every establishment which is a factory ..... from out of the employer's contribution, shall be remitted by the employer to the family pension fund. the operation of the provisions of the act and the schemes presented various administrative difficulties. an employer could delay payment of provident fund dues without any additional financial liability. parliament, accordingly, inserted ..... the legislature wanted to incorporate the period of limitation in section 14-b, nothing prevented it from inserting appropriate provision to this effect by amending the act (?? of 1952). since that has not been done, it is reasonable to draw an inference that the parliament had designedly refrained from prescribing the .....

Hussan Lal Vs. State of Punjab and anr.

Court : Punjab and Haryana

Reported in : 2002CriLJ2437; II(2002)DMC229

..... .1999, copy annexure p1 against the petitioners and their son jagtar singh for the offences under sections 406/498a, ipc read with sections 4 and 6 of the dowry prohibition act. the learned judicial magistrate after recording the preliminary evidence had ordered summoning of the petitioners and their son jagtar singh for the offences under sections 406/498a, ipc vide order ..... manjit singh but inspite of that the maintenance amount was not being paid. it was alleged that later on jagtar singh filed petition under section 9 of the hindu marriage act but the same was dismissed by the court on 2.6.1999. it was alleged that the complainant had filed a divorce petition against jagtar singh, which was pending in .....

Vijay Kumar Vs. State of Rajasthan

Court : Rajasthan

Reported in : RLW2003(1)Raj235; 2002(4)WLN223

..... evidence. 22. in the present case, from the evidence on record, it cannot be said that the death of the deceased was directly the result of rash or negligent act on the part of the accused petitioner. in these circumstances, the findings of conviction recorded by the courts below cannot be sustained and they are to be interferred with by ..... in such a situation, accident took place, it cannot be said that the death of the deceased in this case was the directly result of a rash or negligent act of the accused petitioner. the mere fact that the accident would not have taken place if the accused petitioner would have been still more cautious would not be enough to ..... as under :- 'to impose criminal liability under section 304-a ipc, it is necessary that death should have been the direct result of a rash or negligent act of the accused and that act must be the proximate and efficient cause without the intervention of author's negligence. it must be the causa causons: it is not enough that it may .....

Rajan and ors. Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2002CriLJ3152; 2002(4)WLN132

..... exercised along accepted judicial lines, an appellate court should not interfere.33. sentencing accused person is a sensitive exercise of discretion and not a routine or mechanical prescription acting on hunch.the case of accused appellant rajan34. the proviso to section 376(1) ipc provides that court may for adequate and special reasons to be mentioned in ..... that entries in birth register made by concerned official in discharge of his official duties, are admissible evidence under section 35 of the indian evidence act.10. in bhoop ram v. state of u.p. (4), the hon'ble supreme court has held that on the point of proof of age, school certificate ..... (2) the hon'ble supreme court has held that certified copies from school registers while deciding the question of age of girl, amount to evidence under the indian evidence act.9. the above view was reiterated by the hon'ble supreme court in harpal singh and anr. v. state of himachal pradesh (3), where it has been held .....

Anjaneya Brick Works Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT

..... assessee had filed a return on 29th aug., 1991 along with p&l account showing: on the basis of seized documents, the ao took action under section 148 of the act. to which the assessee/appellant replied that production has been considered by the learned ao for 52 weeks, whereas, in this line of business, where there can be no uniformity ..... of business i.e. manufacture and sale of bricks. the partners in this firm are, namely, on 2nd june, 1992, search operation under section 132 of the it act, 1961 (hereinafter referred to as "the act") was carried out in the case of m/s. anjaneya brick works. during the course of search, several incriminating documents showing the details of number of raw .....

N. Nagambikadevi Vs. Central Bureau of Investigation, Bangalore

Court : Karnataka

Reported in : 2002CriLJ1334; ILR2002KAR997; 2002(2)KarLJ90

..... court has also laid down that this extraordinary or inherent jurisdiction under section 482 of the criminal procedure code does not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. considering all the earlier pronouncements, in the case of bhajan lal, cited supra, the apex court by way of illustration ..... which are to be investigated by the delhi special police establishment. it is submitted that neither under section 5 nor under section 6 of the dspe act there is any mandatory requirement of issuing gazette notification authorising or giving consent to the delhi special police establishment to extend its area of operation by the ..... standing counsel for the central government and the respondent-cbi, contended that so far as the question of consent and issuing of gazette notification under the dspe act is concerned, there is absolutely no requirement under the law to obtain a consent of the state government. taking me through the provisions of sections 3 .....

R. Narayana Reddy Vs. Chunduru Jayachandra

Court : Andhra Pradesh

Reported in : 2002(1)ALT600

..... embraces an order passed by the appellate authority. while considering the provisions conferring revisional power couched in a language similar to that contained in section 20 of the act, this court has laid down that the power conferred on the high court is essentially a power of superintendence and despite the wide language employed, the high ..... v. kunhayi sahia (1982 (1) mlj 273 and ramalingam (1985 (1) mlj 329), the madras high court referring to some provisions which are analogous to our act, held that the expression 'is not occupying residential building of his own', should be limited to a situation where the landlord is not occupying a residential building of ..... another person at rented premises and wants the suit premises for the purpose of carrying business in sweets, satisfied the ingredients of section 10(3)(a)(iii) of the act and accordingly, the appellate court is right in allowing the eviction petition. the decision in smt. vidyavati bai and anr. v. shankerlal and anr. (1987 (2 .....

Vincent Britto Vs. Mrs. Eunice Britto

Court : Karnataka

Reported in : AIR2002Kant179; ILR2002KAR2455; 2002(2)KarLJ600

..... and accordingly dismissed the suit. being aggrieved by the said dismissal of the suit, the plaintiff has preferred this appeal under section 299 of the indian succession act.8. i have heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.9. the learned counsel appearing for the appellant ..... proving the will does not ordinarily differ from proving any other document except as to the special requirement of attestation prescribed by section 63 of the indian succession act. proof in either case cannot be mathematically precise and certain and hence the test should be one of satisfaction of a prudent mind in such matters and ..... that of proving any other document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the indian succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary .....

Asha Shukla Vs. State of U.P. and anr.

Court : Allahabad

Reported in : 2002CriLJ2233

..... suicide so as to make her own daughter a widow. it may not be out of place to mention here that presumption under section 113a of the evidence act is not available to the prosecution in this case and therefore, there should have been positive material to connect the applicant in revision either by direct or circumstantial ..... diary. her dying declaration was also recorded by executive magistrate. on facts the hon'ble supreme court came to the conclusion that presumption of section 113a of evidence act could not be drawn against the husband. it further held that the case was not one which could fall in clause secondly and thirdly of section 107 of the ..... j.t. (sc) 599 :(air 2001 sc 3837) the apex court observed as under (instigation is to goad, urge forward, provoke, incite or encourage to do 'an act' to satisfy the requirement of instigation though it is not necessary that actual words must be used to that effect or what constitutes instigation must necessarily and specifically be suggestive .....

B.V.K. Krishnan, Vs. Bsnl-chennai Telephones by Its Deputy General Man ...

Court : Chennai

Reported in : (2002)1MLJ512

..... -2001 and the respondents never cared to restore the connection, in spite of the receipt of the said legal notice. there is no rule or provision under the indian telegraph act, 1885 and the rules framed thereunder which gives such arbitrary authority to the respondents, to disconnect the telephone connection, without any notice, that too for the non-payment of bills .....