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Ratilal Magabhai Vasava Vs. the State of Gujarat

Court : Gujarat

Reported in : 2008CriLJ4016

..... that she saw her daughter-prosecutrix in a bleeding condition. the complainant has asked the prosecutrix as to what happened, the prosecutrix has explained before her that the said act was done by the present appellant/complainant. the said version of the complainant was also supported by pw 1-madhuben lallubhai, ex.5. so, compared to the oral ..... by the defence lawyer before the trial court. from the evidence of these witnesses it appears that the present appellant/accused could not get out from the alleged illegal act of the accused and the accused has failed to establish his innocence. p.w.3-panch kamlesh jivanbhai patel was also examined at ex.8 in whose presence the ..... action and due that fear he jumped into the well. the said conduct of the accused is relevant in eye of law in the context of section 8 of evidence act.19. p.w. 9-ramjibhai garbabhai parmar, investigating officer, ex.24, has carried out the investigation in a proper and legal manner. we have scrutinized the entire evidence .....

C.P. Mathew Vs. the Union of India

Court : Chennai

Reported in : (1983)ILLJ84Mad

..... of these cases because in the instant case, all the material factors exist which show beyond doubt that the uttar pradesh state warehousing corporation constituted under the act 58 of 1956, is an agency or instrumentality of the government, and the relationship between the corporations and its employees is not purely that of master and ..... a time scale; removal from service which shall not be a disqualification for future employment, i.e., termination and dismissal. explanation to rule 23 refers to certain acts which will not amount to a penalty within the meaning of the conduct rules. clause (vi) of the explanation to rule 23 of the conduct rules reads thus ..... for officers and supervisors (for short conduct rules). rules 5 of the conduct rules states that without prejudice to the generality of the term "misconduct" the following acts of omission and commission shall be treated as misconduct. as many as 24 items are mentioned therein. the note to the rule states that the said instances .....

Mathuradas Damodardas and anr. Vs. Vandrawandas Sunderji and anr.

Court : Mumbai

Reported in : (1907)ILR31Bom222

..... the heirs by virtue of the implication of law, they were not holding upon a 'trust for a specific purpose' within the meaning of section 10 of the limitation act. the plaintiffs' claim is grounded on the failure of the original trusts, and in ,my opinion it is those original trusts which are the 'trust for a specific ..... trustees under the will of joseph soar; there was no question of a resulting trust but the relation of trustee and cestui que trust was constituted directly by the acts and position of the parties. on the other hand what i have to consider is the limits of the doctrine whore the relation between trustee and cestui que trust ..... safely infer, and 1 do infer, the existence of some bitter feud. it might be otherwise if by any stretch of imagination one could suppose that kanji was partly acting from honourable motives, but that supposition is not reasonably possible. it is probable that in fomenting this dispute he was labouring under the belief that he himself would escape .....

Sri Rachamalla Nagi Reddy Vs. Sri Pasurula Naganna

Court : Andhra Pradesh

Reported in : AIR2005AP147; 2004(6)ALT220

..... code of civil procedure, and eventually obtained a decree in his favour, should be treated as a secured creditor as envisaged under sub-section(6) of section-28 of the act.16. now, the present controversy starts from the expression 'secured creditor'. 17. the expression 'secured creditor' is defined in sub-section (e) of section-2, which is ..... and company v. nampally padma and others'(2 supra), wherein a learned single judge of this court held that in view of section 28(6) of the act, the order obtained by the plaintiff attaching the properties of the defendant under order-38 rule-5 code of civil procedure continues to exist even after passing of the ..... of civil procedure and subsequently got the suit decreed in his favour is a secured creditor, as contemplated under section 28(6) of the provincial insolvency act, 1920 (for short 'the act').2. the petitioner is the judgment-debtor and the respondent is the decree-holder.3. for the sake of convenience, the petitioner and the respondent will .....

1. Lakshmiammal Vs. 1.Saroja

Court : Chennai

..... the above said attesting witness examined in earlier proceedings clearly deposed about the execution and attestation as prescribed by mandatory provision of section 68 of indian evidence act and there is no need to further evidence to prove the above said will. the learned counsel further submitted that in spite of it, the appellants ..... by subbiah nadar, in favour of the appellants and the above said will has been proved as per mandatory provision under section 68 of indian evidence act. the learned counsel further submitted that the sole available attesting witness was already examined in the earlier proceedings and the above said deposition was marked in ..... ex.b18 executed by avudayammal and ex.b15 executed by subbiah nadar have clearly proved as prescribed in the mandatory provisions under section 68 of indian evidence act and therefore, prayed for to set aside the finding of both courts below and dismissed the suit.15. thelearned counsel appearing for the appellants contended that .....

Owners And Parties Interested In The Vessel M.v. Polaris Galaxy Vs. Ba ...

Court : Supreme Court of India

..... of 2018 of this court, in exercise of the power conferred under section 18 of the commercial courts, commercial division and commercial appellate division of high courts act, 2015 (act 4 of 2016), the hon. the chief justice is pleased to issue the practice note therein and in relation to commercial appellate division, it is stated ..... would be appealable only if they fall 31 under order 43 of the cpc as provided in section 13 of the commercial courts act.79. both the admiralty act and commercial courts act are special acts. in ashoka marketing ltd. v. punjab national bank5, a constitution bench of this court, after considering the law on the subject ..... management hearing, admissibility of evidence, framing of issues, interrogatories, etc. this would make a mockery of the intended purpose of parliament in enacting the commercial courts act, which is to expedite trials in commercial suits of a specified value, and restrict the number of interlocutory appeals.82. this court is of the view that .....

Proprietor, Vs. V.Palanivel

Court : Chennai

..... work on cuddapah stones. during polishing, a cuddapah stone fell on his leg and caused grievous injuries. he made a claim under the workmen's compensation act before the commissioner and the learned commissioner allowed the claim. the employer filed an appeal and the appeal was allowed on the ground that the claimant does ..... circumstances, this court held that the defence of the commissioner was a pervers.one and hence the findings were reversed under section 30 of the workmen's compensation act. in the present case, the learned counsel for the appellant is not able to point out any perversity in the findings rendered by the commissioner. in fact ..... 2015 proprietor, alagar blue metal (crusher).town palayam, ariyalur road, perambalur district.appellant vs v.palanivel .respondent appeal filed under section 30 of the workmen's compensation act, 1923, against the order dated 05.08.2013 in w.c.no.244 of 2010 on the file of the commissioner for workmen's compensation tribunal, tiruchirappalli. ! .....

Nathubhai Ichharam Vs. Narayanacharya Ramacharya

Court : Mumbai

Reported in : AIR1927Bom470; (1927)29BOMLR937

..... barred by limitation that was default for which defendant no. 1 would be liable to the estate. that view is in accordance with section 147 of the probate and administration act, 1881, and was not challenged before us. defendant no. 1 by his plea of limitation himself drew attention to the possibility of there having been negligence on his part, making .....

Sabbirbhai Yakubbhai Shaikh and ors. Vs. State of Gujarat

Court : Gujarat

Reported in : (1991)1GLR226

..... principle of joint liability is sought to be involved. section 34 does not create an offence; it merely enunciates a principle of joint liability for criminal acts done in furtherance of the common intention of the offenders. conviction of an accused person recorded, relying upon the principle of joint liability, is therefore ..... has specifically stated in the charge that all the accused formed unlawlful assembly for committing murder, rioting and for committing offences under the explosive substances act; they were armed with deadly weapons and for fulfilling that common object and/or common intention they had assaulted deceased babakhan and caused injuries to the ..... no. 3 armed with bomb formed an unlawful assembly whose common object or common intention was to commit murder, rioting and offence under explosive substances act and for achieving the aforesaid object all went near the shop of rahimbhai cyclewala which is near shalimar talkies, ahmedabad. for fulfilling the aforesaid common .....

Miss Alka Agarwal and ors. Vs. the State of Rajasthan and ors.

Court : Rajasthan

Reported in : [1987]66STC204(Raj)

..... to a minimum. however, whenever it is noticed that a particular provision is being misused to escape from proper incidence of taxation, proper amendments are made in the act or the rules made thereunder. in case, the state feels that there are chances of evasion of tax and to check evasion, it requires certain particulars, the ..... thus, the amendment made in the rules and the form prescribed is well within the competence of the state legislature. section 26 of the rajasthan sales tax act fully empowers the state government to frame rules and issue notifications to check and prevent evasion of state tax and, thus, the rule which requires the customers to ..... of facts, in which the question arises, may be briefly stated thus:petitioner no. 1, miss alka agarwal, is not a dealer under the provisions of the state act. petitioner no. 2 is m/s. lohia machines ltd., a private limited company, which is manufacturing scooters in the technical collaboration with the foreign firm, namely, piaggio .....