Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... the arguments of the learned counsel for the state run as follows:-the expression 'discovery of fact' should be read with the definition of 'fact' as contained in section 3 of the evidence act which defines the 'fact' as 'meaning and including anything, state of things or relation of things, capable of being perceived by the senses and also includes any mental condition of ..... order to accommodate the slain terrorist mohammad, that police uniforms and explosives 'were arranged' and that the names of the five deceased terrorists were so and so are relevant under section 27 of the evidence act as they were confirmed to be true by subsequent investigation and they reveal the awareness and knowledge of gilani in regard to all these facts, even though no material objects were recovered directly ..... justice, to resist all revenue officers in the collecting of all or any of the taxes; in short, all risings to accomplish a general purpose, or to hinder a general measure, which by law can only be authorized or prohibited by authority of the king or parliament, amount to levying of war against the king and have always been tried and punished as treason ..... sticker image and the images of identity cards found in the laptop match with those found at the spot in general size, design ..... officers led to the recovery and seizure of the following articles inter alia:a white ambassador car, dl3cj1527, with a vip red light. ..... section 120a and 120b were brought on the statute book by way of amendment to ipc in 1913 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1991Mad323; 1991CriLJ2722
..... this court was confronted with an argument that if an injunction cannot be passed under the provisions of order 39, rule 1 or 2 of the code of civil procedure, it would not be permissible to seek the power under section 151 of the code in order to justify such an order, accepted the contention that an injunction to restrain the respondent from executing a certain decree could not be granted in exercise of the inherent power of the court ( ..... dawson, (1891) 27 lr 558, has as third party, not subject to the order of the court, been held liable for contempt for doing an act which is prohibited except by aiding the person enjoined, and the proposition that while it is open to the court to extend the law, nevertheless the court should be wary of doing so, since the ..... ' in this case the argument that murray had no notice of the injunction since he was not served with a copy of the order until after the boxing matches had been held, was rejected because the court was satisfied that he did in fact know of the terms since he had been present during a great part of ..... 'an express statutory grant of power of the imposition of a definite duty carries with it by implication in the absence of a limitation, authority to employ all the means that are usually employed and that are necessary to the exercise ..... scott, (1913) ac 417, 437, 'white the broadprinciple is that the courts of this country must, as between the parties, administer justice in public, this principle is subject to apparent exceptions, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori153
..... of his holding as a raiyat, the incidents of his tenancy of his homestead shall be regulated by local custom, or usage & subject to local custom or usage, by the provisions of this act applicable to lands held by a raiyat'.the argument is that since the section comes in by way of substitution for a pre-existing section of the orissa tenancy act of 1913, it must be taken as though it was part of the orissa tenancy act of 1913, from its commencement & was meant to be declaratory of the law in this behalf from the outset. ..... was submitted to his superior, namely, the govt & his recommendation about conferment of chandna status to all non-agricultural tenants in temporarily settled estates was based on the fact that the definition of the word 'chandnadar' as given in schedule (3) practically left it entirely to the discretion of the settlement officer to confer chandna status on any such tenant. ..... observed:'i know of no law which prohibits a man who gets land for the purpose of building from assigning his interest in it to ..... in the case of leases of town khasmahal lands transfer of which without the permission of the collector is expressly prohibited, it was found that transfers were as a matter of fact taking place in evasion of the prohibition. ..... in the orissa division, exempted from its operation the grant of leases of pattas for periods exceeding 10 years for the erection of dwelling houses or buildings though, in respect of leases of other lands, the proprietor was prohibited. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2649; 2009(3)AWC2740(SC); 2009(57)BLJR2083; 2009(6)BomCR413; 2010(I)OLR(SC)452; 2009(5)SCALE559; (2009)6SCC99; 2009(6)LC2774(SC); 2009AIRSCW4075
..... but it is said that section 24 of the general clauses act puts an end to the notification giving power to the district judge, poona to hear the application under section 153-c of the act of 1913 as that notification is inconsistent with section 10 of the act of 1956 and the district judge cannot, therefore, continue to deal with ..... it seems to us that since under section 6 of the general clauses act the proceeding in respect of the application under section 153-c of the act of 1913 may be continued after the repeal of that act, it follows that the district judge of poona continues to have jurisdiction to ..... case, a right of pre-emption was sought to be taken away by section 15 of the punjab pre-emption act, 1913 as substituted by haryana act 10 of 1995 and it was on that premise, held:28. ..... such female heir is a daughter, she shall be entitled to a right of residence in the dwelling house only if she is unmarried or has been deserted by or has separated from her husband or is a widow.the proviso appended to section 23 of the act confers right of the daughter who is separate from her husband and giving the right to the widow in spite of the fact that her husband has left a dwelling house. ..... it was furthermore held that 'the prohibition gets lifted when male heirs have chosen to ..... question which arose for consideration therein was as to whether the premises which are tenanted ones would come within the definition of `dwelling house' so as to attract the rigours of section 23 of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All14
..... ltd (1939) 1 ch 41 (a) that a company has no power to enter into nor can the court sanction, any arrangement or compromise with its creditors under sections 153 and 154 of the companies act, 1913, which necessarily involves the doing of any act which is ultra vires the company, being in excess of its corporate powers as defined in its memorandum of association. ..... (hereinafter described, for brevity's sake, as the company) under section 153 of the indian companies act (vii of 1913) praying that this court may sanction a scheme put forward by it for payment of its debts. ..... if there was a power to modify or if there was 110 prohibition, this ruling becomes inapplicable to the facts of the present case. ..... do not find any word in the language of sub-section (2) of section 153 which empowers the court to modify the scheme. ..... but when an express prohibition has been made, the case is ..... that there is nothing to indicate whether or not power had been given to court to modify the scheme or whether there was any prohibition against modification. 29. ..... that it does not record the fact whether a power of modification was given and whether or not there was a prohibition against modification. ..... this power is conferred by section 28 of the act, and it consists in either taking over the management of the concern or of selling and realising the property pledged, mortgaged, hypothecated or assigned to the ..... this sentence may be an authority enabling a court to modify a scheme in the absence of a prohibition. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H101; [1962]32CompCas125(P& H)
..... july, 1956, the official liquidator of the peoples insurance company limited, in liquidation, filed a petition under section 185 of the indian companies act, 1913, against s. ..... 1944 was passed with the object of securing the return to the government of the money or property in question on the conclusion of the criminal case if it results in the conviction of the accused.the district judge acting under the ordinance had passed an interim order to the effect that the property mentioned in the schedule be attached and consequently a notice was issued to the petitioner and others for appearance to show cause why ..... the constitution in proceedings under sec.185 of the indian companies act, 1913:(a) the proceedings under s.185 of indian companies act, 1913, do not partake of the character of criminal prosecution, and he is not an accused person; (b) he is not being subjected to a compulsion to make any statement, and it is within his option of to offer or not; (c) as a witness, he cannot claim protection beyond what is contained in the proviso to s.132 of the indian evidence act; (d) the appropriate time when the privilege can be claimed is ..... be remembered that the privilege is in the nature of a prohibition against involuntary subjection to questions. ..... (33) the prohibition against testimonial compulsion applies to criminal proceedings where a person is accused of having committed an offence, but not to a proceeding in which the penalty recoverable is civil in nature and the proceedings .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1994AP170; 1993(1)ALT608
..... in a series of proceedings all connected by an intrinsic unity and are to be regarded as one legal proceeding, the contention advanced on behalf of the banking companies that the injunction/prohibition or the bar directed by s.21-a to any court comes into play irrespective of the fact that the transaction between the banking company and its debtor is prior to the coming into force ..... it was contended that after coming into force of section 21-a of the banking regulation act, 1949 (for short 'regulation act, 19490, courts are prohibited/debarred from reopening the transactions entered into between the banking company and its debtor invoking the provisions of usurious loans act, 1918 (for short 'act 10 of 1918') irrespective of the fact whether the transaction was entered into prior to the coming into force of section 21-a of the act. ..... merges in the appellate court's decree and the appellate court's decree will be the decree in the suit, and the words 'shall be made by any court' in the west bengal premises tenancy act include the appellate court and second appellate court and that the injunction against the court to pass a decree can be applied even at the second appellate stage or at every stage in the suit till ..... to be considered is whether the debtors acquired any vested right under the provisions of act 10 of 1913 to have the interest scaled-down by reopening the transaction. ..... there is no definition of the word 'debt' as well as the word 'agriculturist' contained in act 10 of 1918 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P&H215
..... substitute the transferee in his place and confer on him those personal qualifications which are basis of the right to pre-empt in punjab, the punjab preemption act, 1913 (hereinafter called the act), as amended up-to-date, is in force and sections 15 and 16 thereof give the classes of persons in whom right to preempt vests in respect of sales of agricultural land and village immovable property or of urban immovable. ..... air 1955 sc 376, it was held that a transferee of a debt, in respect of which a suit was pending, was entitled to execute the decree which was subsequently passed therein, under section 146 of the code of civil procedure, as a person claiming under the decree-holder even though an application for execution by him would not lie under order 21, rule 16, and it was ..... ground between the parties that the second vendees can execute the pre-emotion decrees if they can show that their case is governed by the provisions of either order 21, rule 16, or section 146, code oi civil procedure, if they cannot take advantage of either of these two provisions, undoubtedly, they would not be able co execute the decrees and get possession of the ..... conflict with any other provision in the code of civil procedure and is not prohibited by any law for the time being in force. ..... code and wherein a definite procedure is prescribed for ..... court in ram sahai's case, (1885) ilr 7 all 107 and the decisions in which the facts were similar to those of that case, the rule will definitely be offended. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(5)BomCR746
..... to be given to the concerned state government or to any person duly authorised by such state government in this behalf and may for that purpose use such force as may be necessary.explanation:- in this section, in sub-section (1) of section 11 and in sections 14 and 23, 'state government', in relation to:(a) any vacant land owned by the central government, means the central government;(b) any vacant land owned by any state government and situated in the union territory or ..... apply to the lands of which possession has not been take and the state will not be able to take possession of the lands, so vested in government under section 10(3) of the principal act is not sound, because non-availability of mechanism of section 10(5) of the principal act for taking over possession will not preclude the government from taking possession of the lands so vested in government as owner thereof free from all encumbrances by following due process ..... section (4) of section 10 provides for prohibition of transfer of the land from the date of publication of notification under sub-section (1) of section 10 and making of declaration under sub-section (3) of section ..... were to be taken up by the authorities under the act pursuant to the remand order made by the state government will definitely abate. ..... for deciding this petition are that the first petitioner is a company incorporated pursuant to the provisions of the indian companies act, 1913 and now governed under the provisions of the companies act, 1956. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC305; [1966]36CompCas165(SC); [1965(11)FLR137]; (1965)IILLJ175SC; [1966]1SCR25
..... not give any awardregarding these employees who were'employed in a supervisory capacity, in thisconnection the reserve bank had pleaded that the reference concerned only thoseemployees who came within the definition of 'workman' in theindustrial disputes act, 1947, as amended by the amending act of 1956, and thereserve bank had contended that it was futile to fix a time scale for class iistaff because every incumbent in it was employed in a supervisory capacity andunder the ..... or retrenched in connexionwith, or as a consequence of, that dispute, or whose dismissal, discharge orretrenchment has led to that dispute, but does not include any such person - (i) who is subject to the armyact, 1950, or the air force act, 1950, or the navy (discipline) act, 1934, or (ii) who is employed in thepolice service or as an officer or other employee of a prison; or (iii) who is employed mainly ina managerial or administrative capacity; or (iv) who, being employed in asupervisory capacity, draws wages exceeding five ..... sule, on behalf of theemployees, had contended (a) that workmen could raise an industrial dispute forthemselves and for a section of them at any level, (b) that persons who wereworkmen could raise an industrial dispute regarding their conditions of servicenot only at stages when they would be workmen but also at stages when theywould cease to be workmen under ..... 318 and western india match company's case [1962] 2 ..... find others [1963] 1 l.l.j.318 and western india match company ltd. v. .....
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