Court : Supreme Court of India
Reported in : 2005(1)ALD(Cri)333; 2004(3)BLJR2322; [2005(2)JCR38(SC)]; 2004(10)SCALE94; (2005)9SCC719
..... if one closely scrutinizes the injuries found on the person of the deceased, it will be seen that the blackening of the skin was found only on the margin of the wounds, that is on the skin around the wound. ..... wound of exit about 2-1/2'x 1-1/2' with a regular shape with lacerated over left middle inner portion of left forearm.on dissection of skull, the skull cavity was full of blood and blood clots with fracture of left occipital and left partial bone with damage of left posterior lobe of brain.5. ..... if pellets were found at the place of occurrence it would have further strengthened the case of the prosecution, but in the absence of such evidence one has to rely upon the ocular evidence which if found reliable, may be acted upon. ..... it is then argued that several persons were named in the first information report, as also by the witnesses, who were present in the nearby shops when the occurrence took place but none of them has been examined. ..... mere failure to examine all the witnesses who may have witnessed the occurrence will not result in outright rejection of the prosecution case if the witnesses examined by the prosecution are found to be truthful and reliable. ..... sinha, learned senior counsel appearing on behalf of the appellants submitted that having regard to the facts and circumstances of the case and the manner of occurrence, it was doubtful if the injuries could have been caused in the manner alleged. ..... cause of death was due to damage to vital organs i.e. .....
Tag this Judgment!Court : Mumbai
Reported in : 2004(2)ALLMR612; 2004(5)BomCR743; (2004)IILLJ1007Bom
..... really not concerned within the other parts of regulation 3.chapter iv sets ..... twenty days from the notified date to become member of the fund; and(c) refund within sixty days after the expiry of the said period of one hundred and twenty days specified in clause (b) the entire amount of the bank's contribution to the provident fund including interest accrued thereon together with a further simple interest at the rate of six per cent per annum on the said amount from the date of settlement of the provident fund account till the date of refund of the aforesaid amount to the bank.we are ..... it is contended that the employees of all the nationalised banks under the banking companies (acquisition and transfer of undertakings) act, 1970 constitute one homogeneous class and are expected to be treated equally by the respondent nos. ..... 2004 (100) flr 441. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(5)ALT61
..... 4(2)];(b) in view of his statutory position, the recommendations of the registrar as contained in his proposals dated 23.2.2004 addressed to the state government, are statutory recommendations which are mandatory and ought to have been strictly implemented by the state government;(c) the apcob has no recognised role under the provisions of the act. ..... as an authority having supervisory and regulatory functions over the affairs of the society, under the provisions of the act, the knowledge and perceptions of the registrar as to the problems infesting the pacs, require the government to consider the analysis of the problem and the solutions suggested by the registrar while taking a decision to exercise powers u/secs. ..... of events leading to the present critical situation of the pacs and its employees, this court considers it appropriate to record its deep concern at the manner in which even the specific and explicit provisions of the act have been violated; the regulatory and supervisory provisions have been neglected constituting abdication of statutory responsibilities and at the unauthorised intrusion by the state into the affairs of the pacs resulting in choking the autonomy of the pacs even in areas where autonomy has been specifically vouchsafed to them under the provisions of the act. .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(3)Raj1700; 2005(1)WLC387
..... all deemed universities to grant admission on the basis of the aieee conducted by the cbse; interim regulation dated december 17, 2003 framed by the university grants commission (ugc) providing for admission to the engineering programmes for the years 2004-05 on the basis of aieee conducted by the cbse; interim policy regulation of june 10, 2003; and the decision of the government declining the request of bits, pilani to exempt it from the application of the policy decision to admit the students to engineering programmes on the basis of aieee conducted by the cbse, the first respondent bits, pilani filed ..... from the ensuing academic year 2003-2004.the revision of ugc regulations in respect of fees and admissions is under consideration and till such time the same are amended, the following interim regulations shall apply, in supersession of existing provisions, as given below:applicability : these shall be applicable to :(a) colleges affiliated to the universities other than all such technical institutions and the technical courses/programmes which are governed by the existing regulations of aicte;(b) institutions deemed to be universities under section 3 of the act including ..... by a policy notified on october 18, 2001, the government of india following that concept, expressed its decision to organize an all india engineering entrance examination (aieee) from the year 2002. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1426; 2004(5)ALLMR(SC)299; 2004(6)BomCR485; (SCSuppl)2004(3)CHN21; 109(2004)DLT374(SC); (2004)2GLR908; [2004(2)JCR72(SC)]; JT2004(2)SC27; 2004(1)KLT470(SC); (2004)
..... since the teachers of an educational institution are not employed to do any skilled or unskilled or manual or clerical work and therefore, could not be held to be an employee under section 2(i) of the act, it is beyond the competence of the state government to bring them under the purview of the act by adding the employment in educational institution in the schedule in exercise of power under section 27 of the act. ..... 5272 of 1987 not only rejected the claim of the teacher for payment of gratuity under the provisions of payment of gratuity act, 1972 [for short 'the act] but has decided an important question of (aw against the teachers as a class that they do not fall within the definition of 'employee' as contained in section 2(e) of the act and hence can raise no claim to gratuity under the act. 2. ..... - in exercise of the powers conferred by clause (c) of sub-clause (3) of section 1 of the payment of gratuity act, 1972 (39 of 1972), the central government hereby specifies the educational institutions in which ten or more persons are employed or were employed on any day preceding 12 months as a class of establishment's to which the said act shall apply with effect from the date of publication of this notification.provided that nothing contained in this notification shall affect the operation of the notification of the ministry of labour s.o. .....
Tag this Judgment!Court : Delhi
Reported in : (2004)189CTR(Del)173; 110(2004)DLT74; 2004(73)DRJ206
..... singh : [1965]56itr234(sc).in phool chand bajrang lal : [1993]203itr456(sc) , their lordships have held while interpreting section 147 as it stood in the assessment year 1963-64:'an income-tax officer acquires jurisdiction to reopen an assessment under section 147(a) read with section 148 of the income tax act, 1961, only if on the basis of specific reliable and relevant information coming to his possession subsequently, he has reasons, which he must record, to believe that, by reason ..... of omission or failure on the part of the assessed to make a true and full disclosure of all material facts necessary for his assessment during the concluded assessment proceedings, any part of his income, profits or gains ..... longer be called a cotton fabric as defined by entry 19 of schedule i to the central excises and salt act and it becomes an embroidered saree within the meaning of entry 3 of schedule e.24.2 it is also interesting to note that with regard to three yards piece of a cotton fabric, the court pointed out that because of embroidery having been subsequently superimposed on the cloth and it being not incidental or ancillary process to its manufacture, the three yards piece also is not a cotton fabric.24.3 it is very clear .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : I(2005)ACC239; 2005ACJ1249; AIR2004AP442; 2004(4)ALT464
..... the provisions of the railways act and the scheme and the object of the said provisions cannot be said to be exactly the same when compared with the provisions of the motor vehicles act, and the principle of no fault liability under the motor vehicles act as such in its rigour cannot be extended though these provisions under the act are akin to the provisions under the motor vehicles act ..... the government of andhra pradesh under the motor vehicles act, 1988 stating that the tribunal has to base its conclusion on the strength of f.i.r and inquest report as can be seen from rule 476 (7) of andhra pradesh motor vehicles rules, 1989 as under: 'basis to award the claim:-- the claims tribunal shall proceed to award the claim on the basis of;-- (i) registration certificate of the motor vehicle involved in the accident;(ii) insurance certificate or policy relating to the insurance of the motor vehicle against the ..... 'untoward incident' means- (1) (i) the commission of terrorist act within the meaning of sub-section (1) of section 3 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); or(ii) the making of a violent attack or the commission of robbery or dacoity; or(iii) the indulging in rioting, shoot-out or arson, by any person in or on any train carrying passengers, or in s waiting hall, cloakroom or reservation or booking office or on any platform or in any other place within the precincts of a railway station; or (2) the accidental falling of any passenger from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4057; 2004(5)ALLMR(SC)970; 2005(1)BomCR194; JT2004(6)SC179; (2004)4MLJ67(SC); 2004(6)SCALE388; (2004)7SCC68; 2004(2)LC1449(SC)
..... of a: state of emergency - national or local - or the necessity to maintain essential supplies, or the necessity to stop activities inherently dangerous, the existence of a machinery to satisfy the administrative ..... the court must in considering the validity of the impugned law imposing a prohibition on the carrying on of a business or profession, attempt an evaluation of its direct and immediate impact upon the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence ..... 1st may, 2004. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)ALLMR815; (2008)110BOMLR3204
..... scheme under this act the state government has sanctioned the acquisition of land which is subsequently discovered to be unnecessary for the execution of the scheme, the owner of the land, or any person having an interest therein may make an application to the trust (requesting that the acquisition of the land not required for the purposes of the scheme should be abandoned on his executing an agreement to observe conditions specified by the trust in respect of the development of the property and to pay a charge to be calculated in accordance with sub-section (2) of section 69 of the act.2) the trust shall admit ..... every such application if it --a) reaches it before the time fixed by the deputy commissioner under section 9 of the land acquisition act ..... purna theatre : (2004)iiillj555sc , and the principle has been stated far more precisely, in the following words:9. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC86; (2004)1CompLJ21(SC); 2004CriLJ1221; (2003)184CTR(SC)193; 2003(157)ELT369(SC); [2003]263ITR550(SC); JT2003(Suppl2)SC99; 2003(7)SCALE530; (2003)11SCC405; [2003]4
..... of maintainability of prosecution against a company and the nature of sentence to be imposed on it and the individuals liable for the offence, held as under:'from a plain reading of section 276b of the it act, it is manifest that if an offence under the act is committed by a company the persons who are liable to be proceeded against and punished are : (i) the company (which includes a firm); (ii) every person, who at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business; and (iii) any director (who ..... in order to trigger corporate criminal liability for the actions of the employee (who must generally be liable himself), the actor-employee who physically committed the offence must be the ego, the center of the corporate personality, the vital organ of the body corporate, the alter ego of the employer corporation or its directing mind. ..... company is thus a potentially complex organization, which is assimilated into the pre-existing individualistic framework of the law by pursuit of fiction and analogy with a natural person.5. .....
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