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Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 99 general rule as to evidence Page 14 of about 1,297 results (0.182 seconds)

Aug 24 2021 (SC)

Sepco Electric Power Construction Corporation Vs. Power Mech Projects ...

Court : Supreme Court of India

..... it is contended on behalf of the appellant that this establishes the credibility of icbc within the indian commercial market.52. in the second schedule to the rbi act, icbc is listed in the same category of scheduled foreign banks in india as standard chartered bank, citi bank, american express banking corporation, hsbc limited etc. ..... on commercial law and practice.37. the icc task force on guarantees, the standing expert body created by icc in 2003 to monitor international guarantee practice, acted as a consultative body to the drafting group that produced five comprehensive drafts during the two-and-a-half-year revision process.38. the resulting urdg758were adopted ..... and commercial bank of china limited, mumbai, hereinafter referred to as icbc which is a scheduled bank included in the second schedule of the reserve bank of india act, 1934, and insisting that the appellant should furnish a fresh bank guarantee of the same amount, with identical terms, issued by a scheduled indian bank , .....

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Mar 20 2023 (HC)

M/s Oriental Insurance Co Ltd Vs. Ashok Rao S/o Late Nanjunda Rao

Court : Karnataka

..... therefore, the married sister neither depending on the deceased nor entitled to represent the estate of the deceased. therefore, granted compensation only under section-140 of the mv act, due to difference of factual matrix involved in the above stated case and in the present case, the same is not applicable in the present case, so ..... sister is by virtue as a legal representatives . hence, can maintain claim petition but awarded compensation under no fault liability theory as per section-140 of the mv act. therefore, the term legal representative has wider meaning compared to legal heir. therefore, the claim petition filed by the mother of the deceased as claimant no.2 ..... . legal heirs can be both legal heirs and legal representatives , but legal representatives may not be in all cases legal heirs . but under section-166 of mv act, the words used is legal representative can maintain claim petition.12. the hon ble apex court in the case of manjuri bera s referred to supra, while referring .....

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Jun 15 2023 (HC)

Smt Siddagangamma Vs. Smt Ramakka

Court : Karnataka

..... deceased, the relatives of the deceased having special knowledge of the relationship are competent witness and their evidence is admissible within the meaning of section 50 of the evidence act.19. in the case of jagadish prasad vs. sarwan kumar reported in air2003p & h10it is held that where a person is in common relation of the parties ..... this statement along with the attendant circumstances placed on record would certainly constitute proving of the will by other evidence as permitted by section 71 of the evidence act.13. the learned counsel submits that even though the dna test report is in favour of the plaintiff respondent, but the benefit of dna test report has ..... of malabati and also at the time of the upanyan ceremonies of plaintiffs 1 and 2. this evidence, in our opinion, properly comes within s.50, evidence act; it shows the opinion of janardan misra as expressed by his conduct, namely, his attending the marriage of malabati as daughter of lokenath and his attending the marriages .....

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Feb 10 2015 (HC)

Steel Authority of India Ltd. Vs. Prayag Chandra Kejriwal and Anr

Court : Jharkhand

..... has rightly been rejected by the trial court. the plea that the reference was not made within the period of limitation under section 18 of the land acquisition act, was raised by the petitioner in earlier proceeding unsuccessfully. admittedly, the petitioner has not challenged the award on the ground of fraud, collusion, etc. i find ..... civil revision applications was challenged unsuccessfully by the petitioner before the hon'ble supreme court. the petitioner thereafter, filed application under section 53 of the land acquisition act, 1894 and under section 151 cpc challenging maintainability of the l.a. reference case no. 2/1998 arising out of l.a. case no. 195/65 ..... petition.2. the facts stated in the writ petition are briefly summarised thus : the petitioner is a government of india company registered under section 617 of the companies act, 1956. the respondents namely, prayag chandra kejriwal and santosh kumar kejriwal are plaintiffs in l.a. reference case no. 2/1998 and l.a. reference case .....

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May 27 2015 (HC)

Shri Ravinder Pratap Singh Vs. Hema

Court : Delhi

..... and human values to which they attach importance. 15. in the instant case, the petitioner is seeking divorce under section 13(1)(ia) of hindu marriage act, 1955 on grounds of cruelty on account of cruel treatment given to the respondent soon after the marriage. there are allegations against the appellant-husband that soon ..... to constitute cruelty and a consistent course of conduct inflicting immeasurable mental agony and torture may well constitute cruelty within the meaning of section 10 of the act. mental cruelty may consist of verbal abuses and insults by using filthy and abusive language leading to constant disturbance of mental peace of the other party. likewise ..... torturing, mentally as well as physically, left the respondent-wife with no choice but to file the petition under section 13(1)(ia) of the hindu marriage act,1955.4. the plea in the defence taken by the appellant was that the respondent-wife never discharged her marital obligations. before marriage, the appellant husband had .....

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Aug 01 2003 (TRI)

Kishore Rajaram Chhabria Vs. the Chairman Securities and

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

Reported in : (2003)46SCL385SAT

..... functions in passing orders or directions for alleged breach of the takeover regulations.such quasi-judicial powers are only as assigned under the act. the sebi act does not empower the chairman, sebi to review his order. a statutory authority has no power to review its order unless such power ..... the word 'deter' means 'discourage' or 'prevent' (reference oxford dictionary). deterrence would accordingly mean 'prevention' or 'discouragement', that 'deterrence' means the act or process of discouraging certain behaviour. by the impugned order the directions have been issued under the authority of statute, to prevent or discourage the illegal acquisitions. ..... by an intermediary, initiate action for suspension or cancellation of registration of an intermediary holding a certificate of registration under section 12 of the act: provided that no such certificate of registration shall be suspended or cancelled unless the procedure specified in the regulations applicable to such intermediary is .....

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Mar 07 2003 (TRI)

income Tax Officer Vs. Sunil M. Kasliwal

Court : Income Tax Appellate Tribunal ITAT Pune

Reported in : (2005)94ITD281(Pune.)

..... not known. the machine was not purchased soon after taking the loan. this indicates that the assessee could have complied with the requirements of section 269ss of the act, without much difficulty. it is the duty of every citizen to respect law. majesty of law is to be maintained.15. taking into consideration the entire conspectus ..... the existence or the absence of the reasonable cause in the context of the explanation offered. the ao, in arriving at his satisfaction in such a situation, acts in a quasi-judicial capacity. the proceeding for imposition of penalty is a quasi-criminal proceeding. the satisfaction has to be reached by the ao objectively and on ..... unique constructions v. dy. cit (1995) 52 ttj (bom) 96. in this case the tribunal held that the assessee contravened the provisions of section 269ss of the act, even when the amounts were received from family members, partners and sister concerns.10. in the present case i find that the assessee is manufacturer of building material, .....

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Aug 07 2007 (HC)

Jayram Rabidas Vs. State of Assam

Court : Guwahati

..... same meaning as in section 498-a of the indian penal code (45 of i860)(emphasis mine)11. a bare reading of section 113-a of the evidence act would go to show that before drawing adverse presumption against the accused it is to be established that the married woman had committed suicide within a period of 7 ..... to bring the home offence within the parameters of section 306 ipc, the prosecution has to establish that the accused had abetted the commitment of suicide with certain overt act. according to the learned senior counsel for the petitioner, in the present case the prosecution's evidence is totally lacking to indicate that there was any provocation from ..... scope of drawing adverse presumption against the accused. hence, it is also necessary to look at the provisions of section 113-a of the evidence act, 1872, section 113-a of the evidence act is reproduced below:presumption as to abetment of suicide by. a married woman--when the question is whether the commission of suicide by a woman .....

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Aug 28 2007 (HC)

Haren Patgiri Vs. State of Assam

Court : Guwahati

..... of the victim in such cases is vital and unless there are compelling reasons, which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of her ..... supreme court and the high court laid down that in case under section 376, the court should not ask for corroboration from the evidence of other witnesses since such act is always committed in secret. further, it is held that on the basis of the single testimony of the victim, conviction can be warranted under section 376 ipc ..... first time.9. rw. 3 is the victim herself. she has stated in her evidence that on the relevant day she had accompanied the appellant to their village to act in a drama from sorbhog. both the appellant and herself came to bhavanipur by bus at 3 p.m. and then from bhavanipur they boarded a truck proceeding towards .....

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Dec 14 2007 (HC)

Peerless General Finance and Investment Company Ltd. Rep. by Its Regio ...

Court : Karnataka

Reported in : (2008)ILLJ935Kant

..... dated september 28, 1989, has rejected the appeal. respondent thereafter filed an application under section 10(4-a) read with section 2 of the industrial disputes act, 1947 ('the act' for short), on the file of the additional industrial tribunal, bangalore. the application was contested by the appellant. based on the pleadings, the labour court ..... manager at bangalore, he traced out some commission vouchers which had been forged. the commission vouchers contained his signatures and that of one sri adinarayanan, by acts of forgery. the payments in respect of those vouchers were effected through respondent. on enquiry, respondent told him that he had effected the payments and he ..... disciplinary enquiry?(3) has the industrial tribunal committed any error or illegality in dismissing the application filed by the respondent under section 10(4-a) of the act'?8. re. point no. 1: the appellant has issued the charge sheet dated august 19, 1988 to the respondent. the charge related to the forging .....

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