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Rafique vs.the State (Govt. Of Nct of Delhi)

Court : Delhi

..... in order to achieve the object of the amendment of the constitution by 42nd amendment act, 1976, the parliament enacted the legal services authorities act, 1987, which came into force from 9th november, 1995. ..... a constitutional amendment was carried out by inserting article 39-a in the constitution by the constitution 42nd amendment act, 1976 with effect from 3rd january, 1977 as part of the crl. ..... the statement of objects and reasons of the act, insofar as relevant for the present, reads as under: article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... section 138 of the act confers a right on the adverse party to cross-examine a witness who had been examined in chief, subject of course to expression of his desire to the said effect. ..... the hon ble supreme court in mohammed ajmal mohammad amir kasab @ abu mujahid (supra), noted that this development by way of insertion of article 39-a in the constitution and enactment of legal services authorities act, 1987 and its enforcement from 9th november, 1995 indicates the crl. ..... the apex court further held that section 137 of the indian evidence act, 1872 provides for examination-in-chief, cross-examination and re-examination. .....

Nazim vs.the State (Govt. Of Nct of Delhi)

Court : Delhi

..... in order to achieve the object of the amendment of the constitution by 42nd amendment act, 1976, the parliament enacted the legal services authorities act, 1987, which came into force from 9th november, 1995. ..... a constitutional amendment was carried out by inserting article 39-a in the constitution by the constitution 42nd amendment act, 1976 with effect from 3rd january, 1977 as part of the crl. ..... the statement of objects and reasons of the act, insofar as relevant for the present, reads as under: article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... section 138 of the act confers a right on the adverse party to cross-examine a witness who had been examined in chief, subject of course to expression of his desire to the said effect. ..... the hon ble supreme court in mohammed ajmal mohammad amir kasab @ abu mujahid (supra), noted that this development by way of insertion of article 39-a in the constitution and enactment of legal services authorities act, 1987 and its enforcement from 9th november, 1995 indicates the crl. ..... the apex court further held that section 137 of the indian evidence act, 1872 provides for examination-in-chief, cross-examination and re-examination. .....

Rahis vs.state (Govt of Nct of Delhi)

Court : Delhi

..... in order to achieve the object of the amendment of the constitution by 42nd amendment act, 1976, the parliament enacted the legal services authorities act, 1987, which came into force from 9th november, 1995. ..... a constitutional amendment was carried out by inserting article 39-a in the constitution by the constitution 42nd amendment act, 1976 with effect from 3rd january, 1977 as part of the crl. ..... the statement of objects and reasons of the act, insofar as relevant for the present, reads as under: article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... section 138 of the act confers a right on the adverse party to cross-examine a witness who had been examined in chief, subject of course to expression of his desire to the said effect. ..... the hon ble supreme court in mohammed ajmal mohammad amir kasab @ abu mujahid (supra), noted that this development by way of insertion of article 39-a in the constitution and enactment of legal services authorities act, 1987 and its enforcement from 9th november, 1995 indicates the crl. ..... the apex court further held that section 137 of the indian evidence act, 1872 provides for examination-in-chief, cross-examination and re-examination. .....

Azmal @ Aslam vs.state

Court : Delhi

..... in order to achieve the object of the amendment of the constitution by 42nd amendment act, 1976, the parliament enacted the legal services authorities act, 1987, which came into force from 9th november, 1995. ..... a constitutional amendment was carried out by inserting article 39-a in the constitution by the constitution 42nd amendment act, 1976 with effect from 3rd january, 1977 as part of the crl. ..... the statement of objects and reasons of the act, insofar as relevant for the present, reads as under: article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... section 138 of the act confers a right on the adverse party to cross-examine a witness who had been examined in chief, subject of course to expression of his desire to the said effect. ..... the hon ble supreme court in mohammed ajmal mohammad amir kasab @ abu mujahid (supra), noted that this development by way of insertion of article 39-a in the constitution and enactment of legal services authorities act, 1987 and its enforcement from 9th november, 1995 indicates the crl. ..... the apex court further held that section 137 of the indian evidence act, 1872 provides for examination-in-chief, cross-examination and re-examination. .....

Maksud Ahmed vs.the State (Govt. Of Nct of Delhi)

Court : Delhi

..... in order to achieve the object of the amendment of the constitution by 42nd amendment act, 1976, the parliament enacted the legal services authorities act, 1987, which came into force from 9th november, 1995. ..... a constitutional amendment was carried out by inserting article 39-a in the constitution by the constitution 42nd amendment act, 1976 with effect from 3rd january, 1977 as part of the crl. ..... the statement of objects and reasons of the act, insofar as relevant for the present, reads as under: article 39a of the constitution provides that the state shall secure that the operation of the legal system promotes justice on a basis of equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or schemes or in any other way, to ensure that opportunities for securing justice are not denied to any ..... section 138 of the act confers a right on the adverse party to cross-examine a witness who had been examined in chief, subject of course to expression of his desire to the said effect. ..... the hon ble supreme court in mohammed ajmal mohammad amir kasab @ abu mujahid (supra), noted that this development by way of insertion of article 39-a in the constitution and enactment of legal services authorities act, 1987 and its enforcement from 9th november, 1995 indicates the crl. ..... the apex court further held that section 137 of the indian evidence act, 1872 provides for examination-in-chief, cross-examination and re-examination. .....

P.K.Vijayan Vs. the R.T.O.and anr.

Court : Kerala

..... in connection with the payment of motor vehicle tax under the kerala motor vehicle taxation act, 1976, the petitioner had ordinarily to pay tax for the quarter 01.04.2007 to 30.06.2007 as mandated under section 3 of the said act. ..... the said notification, which is issued pursuant to the powers under section 6 of the kerala motor vehicles taxation act, 1976, deals with the procedure that is to be followed in cases were refund is sought pursuant to a claim for exemption that is allowed by the w.p. ..... in the instant case, it is clear from exts.p3 and p4 documents, produced along with the writ petition, that the petitioner had approached the authority within the time contemplated under rule 15 of the kerala motor vehicle taxation rule for obtaining refund of the tax paid in excess. ..... the only procedure that has to be followed in connection with the refund of tax paid in excess or by mistake is the one that is contemplated under rule 15 of the kerala motor vehicle taxation rules, 1975 which states that the w.p. ..... in the high court of kerala at ernakulam present: the honourable mr. ..... the petitioner however claimed exemption from payment of tax as per section 5 of the said act and in this connection he submitted the necessary g-form claiming exemption on 17.05.2007. ..... (c).no.31939 of 2008 5 authorities under the act. .....

Sujata Sharma Vs. Manju Gupta

Court : Delhi

..... the kerala legislature has enacted the kerala joint hindu family system (abolition) act, 1976. 3. ..... of which this civil revision has arisen had been filed in the year 2006 much after coming into force of the hindu succession (amendment) act, 2005 (act xxxix of 2005) which substituted section 6 of the act and provided that in a joint hindu family governed by mitakshara law the daughter of a coparcener shall by birth become a coparcener in her own right in the same manner as the son and will have the same rights in the coparcenary property as she would have if she had been a son ..... - when a male hindu dies after the commencement of this act, having at the time of his death an interest in mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with this act: provided that, if the deceased had left him surviving a female relative specified in class i of the schedule or a male relative specified in that class who claims through such female relative, the interest of the deceased in the mitakshara coparcenary property shall devolve by testamentary .....

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court : Kerala

Reported in : AIR1993Ker146

..... into force, and (iv) born on or after 18-6-1956 when the hindu succession act, 1956 came into force but before 1-12-1976 and who died on or after 1-12-1976 when the kerala joint hindu family system ..... system (abolition) act, 1975 came into force, (iii)born on or after 18-6-1956 when the hindu succession act, 1956 came into force and who died before 1-12-1976 when the kerala joint hindu family system (abolition) act, 1975 came ..... : (i) section 17 of the hindu succession act, 1956 will govern the law of succession on the death of males or females who were governed by the marumakkathayam system if such persons were-- (i) living as on 18-6-1956 when the hindu succession act, 1956 came into force and they died before 1-12-1976 when the kerala joint hindu family system (abolition) act, 1975 came into force, (ii) living as on 18-6-1956 when the hindu succession act, 1956 came into force and who died on or after 1-12-1976 when the kerala joint hindu family .....

State of Kerala Vs. P.Haridasan

Court : Kerala

..... read in the light of section 60 of the kerala university act, 1974 and clause (1) of statute 5 of the kerala university first statutes, 1976, notified by the government vide w.a.nos.645 & 1124/10 -4- exts.p7 and p8 notifications, respectively, and disburse them all the arrears payable thereunder, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of the judgment. ..... in exercise of the powers conferred by section 83 of the act, the government of kerala made the kerala university first statutes, 1976 (hereinafter referred to as 'the first statutes, 1976') in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers ..... clause (1) of statute 5 of the first statutes, 1976 reads thus; "5(1) the teachers who retire at the age of 55 shall be entitled to receive the same pensionary benefits as are allowed to similar categories of teachers in government colleges including family pension and death-cum-retirement gratuity and all the conditions for the grant of these benefits applicable to government servants as laid down in part iii of the kerala service rules (as amended from time to time) shall mutatis mutandis apply to ..... already noticed, it was in exercise of the powers conferred under section 83 of the act, the government of kerala made the first statutes, 1976, in respect of pension, provident fund, gratuity, insurance and age of retirement of teachers of private colleges affiliated to the university of kerala. .....

CochIn Refineries Ltd. Vs. State of Kerala and ors.

Court : Kerala

Reported in : AIR2002Ker290

..... 1976 act defines 'transaction' in the following terms of section 2(z) :'(i) any contract, whether for sale, purchase, exchange or any other purpose, or(ii) any assessment of royalty, toll, duty or other dues, or(iii) the assessment of any work done, wages due or services rendered,'it at once strikes that the definitions are worded in such a manner that they have an extended meaning, not normally invested with, and therefore deserves a liberal interpretation in favour of the revenue. ..... the impact of the standards of weights and measurements act, 1976, enforcement act, 1985 and rules framed thereunder comes to be decided in these set of writ petitions. ..... there is also no averment, in convincing terms, that the transportation that is there from the depots are confined to locations exclusively in the kerala state. ..... aforesaid circumstances, i hold that rule 14(1) of the kerala standards of weights and measures (enforcement) rules, 1992, which provides for verification and calibration of storage does not suffer from the disabilities attributed to it. ..... as regards rule 14{1) of the kerala standards of weights and measures (enforcement) rules, to the extent it provided for, verification and calibration of storage tanks, petitioners submitted that the rule went far beyond the statutory prescriptions and could not have been enforced as being ultra vires of the statute.11. .....