Court : Rajasthan
Reported in : I(2002)DMC69; 2001WLC(Raj)UC726
..... the evidence on this point has been examined. ex.p. 29, is the certified copy of the application filed by the accused appellant under section 13 of the hindu marriage act against his wife smt. vidhya in the court of family judge, jaipur, on 20.12.1992, which the prayer of divorce on the ground of cruelty. on perusal of ..... of evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.' 10. the learned special judge having appreciated the evidence on record summed up thus :-'that the accused kanhaiyalal was having bitter relations ..... the case where direct evidences for murder are available.19. in nathuni yadav and others (supra) hon'ble supreme court has held that motive for doing a criminal act is generally a difficult area for prosecution. one cannot normally see into the mind of another. motive is emotion which impells a man to do aparticular .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : I(2002)DMC505
..... the police officers posted in the police station connived with respondent nos. 1 to 3 who were allowed to escape from india to australia via nepal and this is clear act of dereliction in duty on the part of police officials who were the incharge of the police 'station at that time. this aspect of the case stands fortified when the ..... and smt. sudershan kaushal at the instance of smt. sadhna sharma under sections 408. 498-a. 420 of the indian penal code and section 3/4 of the dowry prohibition act. the accused could not be arrested though it is alleged by the complainant that at one point of time they were arrested but they were allowed to go by the .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT584; 2002(61)DRJ267
..... no ground for the lower court to return the particular finding and conclusion that is under challenge. if there is any reasonable ground for the lower court to have acted in the challenged manner, the high court should not interfere. learned counsel for the tenant had relied upon nagendra nath bora and anr. v. the commissioner of ..... the constitution has been filed against the concurrent findings of fact and law returned by the controller and the tribunal. consequent on the amendments to the delhi rent control act carried out in 1988 an appeal now lies under section 38 only on questions of law. thereforee now the tribunal is precluded from entering upon the factual arena. ..... ) and additional rent control tribunal (hereinafter referred to as rct) in favor of the grant of eviction orders under section 14 (1)(h) of the delhi rent control act. the eviction petition was originally filed under section 14(1)(a) and (e) also; the bona fide needs was given up by the respondent landlord; and the claim .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)82ITD354(Mum.)
..... project with the mere statement that there is nothing illegal about it." in view of above, we hold that even if the transactions are genuine and have been actually acted upon but if they were with the intention of tax avoidance, then the decision of mcdowell & co. ltd. (supra) would be squarely applicable. lord justice ranganath ..... not applicable to the facts of this case as in that case the facts were altogether different. he submitted that when the transactions were genuine business transactions duly acted upon, merely because there was saving of tax also, it could not be stated that the transactions were a colourable device for avoidance of tax. in support ..... repayments by cheques along with interest. the partners redeposited the money with the firm on 30th march, 1990. he stated that all the above transactions were duly acted upon and were genuine business transactions. in support of his contention, he referred to the capital accounts of the partners and copies of accounts of those two .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT425
..... v. executive engineer, southern railway and anr. : (1982)illj330sc , where 'the termination was founded on the ground of unauthorised absence from duty which clearly was an act of the employer'. similarly, i can see no justification for counsel for dtc making a reference to m. venugopal v. divisional manager, life insurance corporation of india, ..... the constitution.this can be of little assistance to the dtc, since the petitioners before me can fully rely on the protection of the industrial disputes act which postulates inter alias that the workman should be allowed an opportunity of a hearing/enquiry before his services are terminated.the constitution bench returned the ..... only to quasi-judicial orders but to administrative orders affecting prejudicially the party-in-question unless the application of the rule has been expressly excluded by the act or regulation or rule which is not the case here. rules of natural justice do not supplant but supplement the rules and regulations. moreover, the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(139)ELT342Tri(Mum.)bai
..... independent wholesale dealers. show cause notice was issued to the respondents proposing to treat asa as a related person in terms of section 4(4)(c) of the central excise act, 1944 and to demand differential duty of rs. 7.48 crore on the clocks manufactured and sold by the respondent to asa during the period february 1991 to july 1995 ..... person. he has held that mutuality of business interest has to be established for holding that two persons are related persons under section 4(4) (c) of the central excise act.the grounds on which the show cause notice seeks to allege mutuality of interest are the following:- i. in the balance sheet of asa for 1993-94 as on 31 ..... to the department even prior to february 1991, which is commencement of the period of demand, the demand is barred by limitation under section 11(a) of the central excise act.in the light of the above discussion, we held that the impugned order of the commissioner is correct in law, upheld the same and reject these appeals.
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Lucknow
Reported in : (2003)79TTJLuck416
..... of ram krishna oil mitts v. cit (supra) the hon'ble delhi high court has held that the conditions, for getting the deduction under section 36(1)(iii) of the it act in respect of interest are : (iii) the assessee must have paid interest on the same amount and claimed it as a deduction.the hon'ble court also held that once ..... hostile title; it may also comprehend payment of statutory dues and taxes imposed as a precondition to commence or for the carrying on a business; it may comprehend many other acts incidental to the carrying on the business but, however, wide the meaning of the expression may be, its limits are implicit in it; the purpose shall be for the carrying ..... counsel for the assessee before us.9. so far as the requisite conditions for allowing the claim of deduction under section 10(2)(iii) and section 10(2)(xv) of it act, are concerned in the case of madhav prasad jatia (supra), the hon'ble supreme court of india has laid down the same. in the above-mentioned case, the assessee .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : 2002CriLJ735
..... (scooter) was dragged along with his son (rajan deceased), because of aforesaid acts of omission and commission by the respondent. not a single suggestion was given to him in cross-examination that he did not sustain any injury and/or those being not ..... , it is raised simply to be rejected because when he appeared in witness-box, in no uncertain terms he stated that accident was caused due to rash and negligent act on the part of respondent while the witness was driving the scooter. due to impact of the accident he fell down from the scooter, and sustained injuries and it ..... . all the sentences were to run concurrently.3. sole question that needs to be determined in this appeal is whether the accident was the result of rash or negligent act on the part of the respondent endangering human life or not. as per learned additional advocate general, after scanning the evidence of p.w. 2 and 3 coupled with .....
Tag this Judgment!Court : Company Law Board CLB
Reported in : (2002)111CompCas808
..... agitate their entitlement to transfer before this board since the same is the appropriate forum. the petitioners therefore have approached this board under section 111a of the companies act, 1956 by filing the present petition. in view of the disclaimer by the company (liquidation) court, this board alone has jurisdiction. k) after the petitioners ..... in other words while transactions relating to transfer, lodged after 21^st may, 1997 would be scrutinized, those lodged before 21^st may, 1997 would be acted upon and recognised without any further inquiry or certification, provided they were otherwise in order. m) an affidavit has been filed in the above petition by ..... 5.1999 are clear that the impugned shares were lodged with the registrar of the respondent company before 21.5.1997 and thus should have been acted upon and recognized for transfer without any further inquiry or certification provided they were otherwise order.7. taking into consideration the aforesaid facts and circumstances of .....
Tag this Judgment!Court : Rajasthan
Reported in : 2002(1)WLN642
..... rules prescribed for appointment he has given appointment to one of his close relative i.e. sister's son. by doing this he encouraged nepotism. this act of the delinquent reflected his nepotism character.30. the third charge against the delinquent was that without advertising the vacancy the proceedings for appointment were completed in ..... one day. this was done to favour his close relative and thus, the delinquent acted in an improper manner and encouraged nepotism.31. in relation to the aforesaid charges the stand of the delinquent-petitioner has been that basant kumar was ..... made immediately and he has sought the permission from his immediate superior to make such appointment. since the rules had not laid any guidelines, the petitioner acted in consonance with the practice prevailing in the respondent court and, thus, no misconduct has been committed by him.43. the enquiry authority has found that .....
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