Court : Delhi
..... code, but in exercising the power conferred by the code and before reaching its conclusion upon fact the high court should give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the slowness of an appellate ..... of 203 after discussing the earlier decisions, the legal position was summarised as under: (i) there is presumption of innocence in favour of an accused person and such presumption is strengthened by the order of acquittal passed in his favour by the trial court; (ii) the accused person is entitled to the benefit of reasonable doubt when it deals with the merit of the appeal against acquittal; (iii) though, the powers of the appellate court in considering the appeals against acquittal are ..... and a-5 were sentenced to imprisonment for life along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment ( ri ) for six months; (ii) for the offence punishable under section 147 ipc, all five convicted accused were sentenced to two years' ri along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo ri for ..... state of andhra pradesh (2004) 11 scc585 the supreme court observed: an agreement between two ..... sajjan kumar kar riha hai .....
Tag this Judgment!Court : Delhi
..... code, but in exercising the power conferred by the code and before reaching its conclusion upon fact the high court should give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the slowness of an appellate ..... of 203 after discussing the earlier decisions, the legal position was summarised as under: (i) there is presumption of innocence in favour of an accused person and such presumption is strengthened by the order of acquittal passed in his favour by the trial court; (ii) the accused person is entitled to the benefit of reasonable doubt when it deals with the merit of the appeal against acquittal; (iii) though, the powers of the appellate court in considering the appeals against acquittal are ..... and a-5 were sentenced to imprisonment for life along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment ( ri ) for six months; (ii) for the offence punishable under section 147 ipc, all five convicted accused were sentenced to two years' ri along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo ri for ..... state of andhra pradesh (2004) 11 scc585 the supreme court observed: an agreement between two ..... sajjan kumar kar riha hai .....
Tag this Judgment!Court : Delhi
..... code, but in exercising the power conferred by the code and before reaching its conclusion upon fact the high court should give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the slowness of an appellate ..... of 203 after discussing the earlier decisions, the legal position was summarised as under: (i) there is presumption of innocence in favour of an accused person and such presumption is strengthened by the order of acquittal passed in his favour by the trial court; (ii) the accused person is entitled to the benefit of reasonable doubt when it deals with the merit of the appeal against acquittal; (iii) though, the powers of the appellate court in considering the appeals against acquittal are ..... and a-5 were sentenced to imprisonment for life along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment ( ri ) for six months; (ii) for the offence punishable under section 147 ipc, all five convicted accused were sentenced to two years' ri along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo ri for ..... state of andhra pradesh (2004) 11 scc585 the supreme court observed: an agreement between two ..... sajjan kumar kar riha hai .....
Tag this Judgment!Court : Delhi
..... code, but in exercising the power conferred by the code and before reaching its conclusion upon fact the high court should give proper weight and consideration to such matters as (1) the views of the trial judge as to the credibility of the witnesses; (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; (3) the right of the accused to the benefit of any doubt; & (4) the slowness of an appellate ..... of 203 after discussing the earlier decisions, the legal position was summarised as under: (i) there is presumption of innocence in favour of an accused person and such presumption is strengthened by the order of acquittal passed in his favour by the trial court; (ii) the accused person is entitled to the benefit of reasonable doubt when it deals with the merit of the appeal against acquittal; (iii) though, the powers of the appellate court in considering the appeals against acquittal are ..... and a-5 were sentenced to imprisonment for life along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo rigorous imprisonment ( ri ) for six months; (ii) for the offence punishable under section 147 ipc, all five convicted accused were sentenced to two years' ri along with payment of a fine of rs.1,000/- and, in default of payment of fine, to undergo ri for ..... state of andhra pradesh (2004) 11 scc585 the supreme court observed: an agreement between two ..... sajjan kumar kar riha hai .....
Tag this Judgment!Court : Delhi
..... of e-tickets on payment of fare on account of such tickets being its exclusive property with proprietary rights attached thereto is erroneous and misconceived inasmuch as irctc has no right to refuse supply of tickets except in circumstances as prescribed under section 56 of the railway act, and in terms of section 50 of the railway act, irctc is obligated to supply tickets on payment of fare and has no discretion to decide whether such ticket is to be sold or not. ..... , 2004 (3) scc553to state that even where alternative remedy w.p. ..... in case the buyer pays the balance payment for the ticket booking to railyatri at least 5 days prior to the date of travel, then the cancellation rules of the railway authorities shall apply to any cancellation done by the buyer between 5 days and the date / time of travel, and full refund money as per railway authorities rules, which shall be deposited by the travel agent to railyatri, will be refunded to the buyer. ..... in case the buyer pays the balance payment for the ticket booking to railyatri at least 5 days prior to the date of travel, then the cancellation rules of the railway authorities shall apply to any cancellation done by the buyer between 5 days and the date / time of travel, and full refund money as per railway authorities rules, which shall be deposited by the travel agent to railyatri, will be refunded to the buyer. .....
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..... . apart from the text, the various modalities and techniques originally developed by the said master and incorporated in the above said book .includes the following (i) the concept of lag time; (ii) the concept and techniques of sensitizing the hands and fingers; (iii) the concept and techniques of cleansing/sweeping including localized sweeping b) the defendant no.2 had been claiming the rights through assignment deeds which were signed in the year 2004 and also on 15th march, 2006 ..... submissions have been made by the learned counsel for the defendant no.1 and defendant no.2 which have been summarized in the following manner: learned counsel for the defendant no.1 has argued that teaching of pranic healing has been permitted expressly by master choa kok sui vide a written authorization letter dated 2nd november, 2004 and the said letter is valid uptill 2025, thus, the plaintiffs being the descendants of the master deriving title from him cannot withdraw the consent and ..... permission which has been given by the master himself and the said permission .....
Tag this Judgment!Court : Delhi
..... (5) the department would not be justified in drawing an adverse inference only because the creditor/subscriber fails or neglects to respond to its notices; (6) the onus would not stand discharged if the creditor/subscriber denies or repudiates the transaction set up by the assessee ======================================================================= nor should the assessing officer take such repudiation at face value and construe it, without more, against the assessee; and (7) the assessing officer is duty-bound to investigate creditworthiness of subscriber the transaction and the the the creditor/ genuineness of the of the veracity repudiation. 27. ..... relied on is that the assessing officer had not held that no dividend or interest would be credited to the parties subscribing to the share capital and with regard to the non-availability of the parties at the given addresses, the a ssessing officer was required to find out from the assessee and bankers of these parties about their current addresses and since cash had been deposited in the accounts of these parties, the additions should have been made in the hands of the subscribers and not the assessee company. ======================================================================= 21. ..... , ita no.110 of 2004 dated 18 01-2006, cit vs. .....
Tag this Judgment!Court : Delhi
..... . state (decision dated 12th may 2009 in crl.a.228 of 2001) wherein it was observed as under: the fact that the deceased was suffering from severe burn injuries does not necessarily lead to a conclusion that she was not in a position to inform the doctor about the said incident, particularly in the light of the deposition of the doctor who had conducted the post-mortem of the deceased that a patient who has sustained 98% burn injuries can remain conscious for sometime after ..... . state of west bengal (2012) 4 scc352 the supreme court made the following observation regarding the necessity of a tip in the context of the accused person being previously kown to the witnesses: .....the appellant and the four eye witnesses belonged to the same locality and the four eye witnesses knew the appellant before the incident and were able to immediately identify the appellant at the time of the incident ..... . republic of india 2004 cri lj224(sj-orissa), held as under: section 6 of the commissions of inquiry act guarantees immunity to a witness ..... . he then states that kamre mein weh meri ladki suman ba umar 18 varsh ko aag laga kar kamre ko bahar se kunda laga ke jati sukar galian de rahe the .....
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..... . state (decision dated 12th may 2009 in crl.a.228 of 2001) wherein it was observed as under: the fact that the deceased was suffering from severe burn injuries does not necessarily lead to a conclusion that she was not in a position to inform the doctor about the said incident, particularly in the light of the deposition of the doctor who had conducted the post-mortem of the deceased that a patient who has sustained 98% burn injuries can remain conscious for sometime after ..... . state of west bengal (2012) 4 scc352 the supreme court made the following observation regarding the necessity of a tip in the context of the accused person being previously kown to the witnesses: .....the appellant and the four eye witnesses belonged to the same locality and the four eye witnesses knew the appellant before the incident and were able to immediately identify the appellant at the time of the incident ..... . republic of india 2004 cri lj224(sj-orissa), held as under: section 6 of the commissions of inquiry act guarantees immunity to a witness ..... . he then states that kamre mein weh meri ladki suman ba umar 18 varsh ko aag laga kar kamre ko bahar se kunda laga ke jati sukar galian de rahe the .....
Tag this Judgment!Court : Delhi
..... . state (decision dated 12th may 2009 in crl.a.228 of 2001) wherein it was observed as under: the fact that the deceased was suffering from severe burn injuries does not necessarily lead to a conclusion that she was not in a position to inform the doctor about the said incident, particularly in the light of the deposition of the doctor who had conducted the post-mortem of the deceased that a patient who has sustained 98% burn injuries can remain conscious for sometime after ..... . state of west bengal (2012) 4 scc352 the supreme court made the following observation regarding the necessity of a tip in the context of the accused person being previously kown to the witnesses: .....the appellant and the four eye witnesses belonged to the same locality and the four eye witnesses knew the appellant before the incident and were able to immediately identify the appellant at the time of the incident ..... . republic of india 2004 cri lj224(sj-orissa), held as under: section 6 of the commissions of inquiry act guarantees immunity to a witness ..... . he then states that kamre mein weh meri ladki suman ba umar 18 varsh ko aag laga kar kamre ko bahar se kunda laga ke jati sukar galian de rahe the .....
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