Court : Delhi
Reported in : 2(1986)ACC24
..... . pukhraj surana : [1962]2scr333 for this preposition. in that case the document which was exhibit marked was a document which was required to be stamped under the stamp act, and no objection was taken to it being exhibit marked and received in evidence. the principles laid down in the case cited above, in my view, are not applicable ..... policy is because various types of policies can be taken out. before me it is stated that there are three types of policies which are available. these are:1. act policy.2. public risk policy.3. comprehensive policy.33. in view of this i had asked the counsel for the insurance company whether the insurance company had in ..... -7-80 on which date the insurance policy was purported to be proved reads as under:2-7-80 : present : shrimati manju sahani petitioner in person.shri karan bal for the respondents. petitioner has filed photostat copy of the estate duty certificate and break up of emoluments being drawn by the deceased before his death. since these documents .....
Tag this Judgment!Court : Delhi
Reported in : 2004(3)ARBLR421(Delhi); 114(2004)DLT746
..... by his officer order dated 7.10.1997, issued from new delhi, the said functionary had appointed respondent no.2, additional general manager, npcc limited, chennai sector to act as the sole arbitrator. the arbitration proceedings were scheduled to be held, not in faridabad, not even in new delhi, and not even in andhra pradesh but inexplicably ..... if this is why it happened. the reason was to put the claimant to maximum disadvantage. i may also refer to section 42 of the arbitration and conciliation act, 1996 which stipulates that the first court which has been approached in relation to the arbitration dispute that court and no other court shall exercise jurisdiction. this is ..... which waive objections as to impartiality of the arbitration on the grounds that he is an officer of one of the parties to the dispute. if they cannot act impartially they should recluse themselves and not violate the solemn trust reposed in them. although this point has been raised by the claimant in his letter dated .....
Tag this Judgment!Court : Delhi
Reported in : I(2008)DMC806; 2009(1)SLJ248(Delhi)
..... put to the complainant in his cross-examination the court can still consider whether his statement alone is sufficient to rebut the statutory presumption under section 20 of the act. under section 20 it is provided that when it is proved that a public servant has obtained some gratification from someone other than his legal remuneration then it shall ..... special judge, delhi in sessions case no. cc-169/1994 whereby he was convicted under sections 7 and 13(1)(d) of the prevention of corruption act, 1988 (hereinafter referred to as 'the act') and was sentenced to suffer rigorous imprisonment for one year and also to pay a fine of rs. 5000/- with a default stipulation for his ..... after the completion of usual investigation formalities the anti-corruption branch filed a charge-sheet against the appellant-accused in the court of special judge constituted under the act to try corruption cases and the learned special judge tried him for the offences punishable under sections 7 and 13(1)(d) of the .....
Tag this Judgment!Court : Delhi
Reported in : 2005(2)CTLJ225(Del); 124(2005)DLT268
..... 3453. in the orders dated july 8, 1996 the apex court had noted that the master plan of delhi 1962 mpd 62 had been enforced under the delhi development act, 1957. since prices of land had escalated manifold, non-conforming user (largely commercial user in residential areas) had become rampant and epidemic. as per the master plan the ..... in order to facilitate shifting of industries from delhi, all the four states constituting the ncr shall set up unified single agency consisting of all the participating states to act as a nodal agency to sort out all the problems of such industries. the single window facility shall be set up by the four states within one month from ..... mind that the law-makers repose confidence in the authorities that they will ensure implementation of the laws made by them. if the authorities breach that confidence and act in dereliction of their duties, then the plea that the observance of law will now have an adverse effect on the industry or the workers cannot be allowed. .....
Tag this Judgment!Court : Delhi
Reported in : (2004)88TTJ(Del)85
..... accepting loan. to contend that the assessed and its sister concern/relatives are one and the same person, is wholly in contravention of the provisions of the act. clearly, the sister concerns or the directors or their relatives are different persons. in our considered opinion it is not legally correct to contend that the assessed ..... this circular was not in accordance with the language of section 269ss, it was also stated that in taxing statute only literal interpretation of the provisions of the act is required to be done and there is no question of any equity or the liberal interpretation while construing the provisions. it was further submitted that the ..... the learned commissioner (appeals) has erred in accepting assessed's explanationn of there being bona fide belief that such transactions were not covered under section 269ss of the act, despite the fact that out of total transactions of rs. 39,87,063 transactions amounting to rs. 19,51,093 were through account payee cheques. '2. .....
Tag this Judgment!Court : Delhi
Reported in : II(2007)ACC405; 139(2007)DLT494
..... had permitted the insurance company to take over the defense of the owner and the driver i.e. application of the insurance company under section 170 of the m.v. act 1988 was allowed. 10. there is thus no impediment in the insurance company filing and prosecuting the present appeal. 11. as per the learned tribunal, no eye-witnesses were produced ..... caused in a road accident where the offending vehicle is untraced. 39. liberty is granted to the claimants to move an appropriate application under section 163 of the motor vehicles act 1988. needless to state, pursuant to the said application necessary orders would be passed. 40. no costs.
Tag this Judgment!Court : Delhi
Reported in : 2006CriLJ3508; 130(2006)DLT242; 2006(89)DRJ427
..... first appeal is obligated to go into greater detail of the evidence to see whether any miscarriage has resulted from the order of acquittal, though has to act with great circumspection and utmost care before ordering the reversal of an acquittal. generally, the order of acquittal shall not be interfered with because the presumption of ..... pants and baniyan belonging to the respondent gave b- grouping. the respondent was indicted for an offence punishable under sections 302 ipc and 25 and 27 arms act. 5. charges were framed against the respondent on 10.11.1980. respondent pleaded not guilty and defended the present case. the story put forward by the ..... his business with kirori shah kohli. the said business terminated 10-12 years prior to the present incident. their relations became sour due to disputes over money matters. bal kishan, respondent/ accused, is the son of kirori shah kohli. satpal kohli, his brother dharampal kohli, their wives pushpa kohli and asha kohli, their mother vidya .....
Tag this Judgment!Court : Gujarat
Reported in : (2001)4GLR3492
..... , submitted that though gujarat dairy development corporation is a corporation of the government but ultimately it is a company incorporated under the provisions of the companies act and it has a different and distinct identity and the corporation can frame its own rules and regulations. the policy of the government does not bind ..... 7.99 the said option is taken away.4.2 the learned counsels for the petitioner further submitted that the government and the government corporation has acted differently with the different corporations. the learned counsels have submitted that about 106 employees of gcel were absorbed who were declared surplus somewhere on 29.12 ..... the said section, the municipal commissioner should consider the question arising before him in a judicial spirit. in exercising the power, the municipal commissioner must act justly and fairly and not arbitrarily or capriciously; he must exercise the power in consonance with principles of natural justice. we are also of the opinion .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009CriLJ2205; RLW2009(1)Raj746
..... case depends on circumstantial evidence. but in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate ..... of maharashtra : 1992crilj1545 , has held that in circumstantial evidence also when the facts are clear it is immaterial that no motive has been proved. men do not act wholly without motive. failure to discover the motive of the offence does not signify the non-existence of the crime. the failure to discover motive by appropriate clinching ..... within the definition of 'dowry' and cannot be construed as demand of dowry within the definition of 'dowry' as defined under the provisions of the dowry prohibition act. he further contended that there is allegation about mortgage of kisan vikas patra which were in the name of deceased kavita and demand of four lac rupees by .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj590
..... wrongful restraint. three accused were present on spot and the role of three accused may be different, but they actively participated in committing robbery, therefore, their act in participation on spot proves their presence not only near to the victim so as to put them in fear of instant death. section 394 ipc provides ..... were ultimately committed by some of them, without the participation of others. those who committed the offences pursuant to the conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy; but, the non-participant conspirators cannot be found guilty of the ..... the hon'ble supreme court while considering the scope of section 121a ipc held that those who committed offences pursuant to conspiracy by indulging in various overt acts will be individually liable for those offences in addition to being liable for criminal conspiracy, but the non-participant conspirators cannot be found guilty of the .....
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