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On the same date, i.e., 19th April 1995, the High Commission of the Republic of Singapore made a request to the Ministry of External Affairs, Government of India to assist it in securing the provisional arrest of Rajan Pillai for the <span class="hidden_text" id="span_5">W.P. (C) No. 1894 of 1998 Page 5 of 48</span> purposes of extradition. | [
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The statements of P.W. 3 Anup and P.W. 9 Ravi have been recorded on 11st June, 2006 i.e. two days after the incident. | [
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With regard to scope of S.320 Cr.P.C., in the case of DASAN Vs. STATE OF KERALA AND ANOTHER, (2014) 12 SCC 666, Apex Court has held as follows:
"7. Section 320 of the Criminal Procedure Code (the Code) pertains to offences punishable under the Penal Code only. | [
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PW-8 is Sub Inspector Saudan Singh, who is I.O. in this case. | [
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We do not think it necessary to examine several other decisions which have been cited, and we would merely add that some of these have been examined in detail by Balakrishna Ayyar, J. in W. P. Nos. 291 and 292 of 1957 (Mad). | [
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Under this circumstance, in paragraph No.9, the division bench of Apex Court has held that;
"In the present case, admittedly, no notice was issued by the Vth Metropolitan Magistrate to the appellant before accepting the final report submitted by the CBI and deciding not to take cognizance and drop the proceedings. | [
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Therefore, necessarily Muthalamarappan Mala could not be such an extensive Mala. | [
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The parties to the petition were married at Sholapur on December 12, 1957. | [
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We have already considered the facts relating to bogus purchase invoices in respect of oil cakes shown as purchased by the assessee from 33 bogus suppliers. | [] |
The documents being registered should have been proved through the concerned Sub <span class="hidden_text" id="span_5">Result: Application dismissed Page 5 of 17</span> Chander Kant v Laxmi Chand Ex.No.75/2010/03 Registrar/other government official/executor and not in the manner as sought to be proved | [] |
If he had paid the fine amount, the same will be refunded to him. | [] |
In respect of offence u/s 3/181 MV Act, during the course of final argument, accused Abid @ Guddu admitted before this court that he FIR No. 196/2011, State Vs. Abid Guddu was driving the motorcycle without having any driving licence, as alleged by the IO/PW7 in his chief examination. | [
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It was contended by learned counsel that an order was made by the President on 26th January, 1950, by which the President directed that the tax on sale or purchase of goods under the U. P. Sales Tax Act shall, notwithstanding that such imposition of tax was contrary to the provisions of Clause (2) of Article 286 of the Constitution, continue to be levied until 31-3-1951. | [
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For all that each accused knew, the separate blows he dealt were alleged in the charge to he the fatal ones, because that is implied by Section 221 (5), Criminal Procedure Code, But the fact was that although the deceased had 22 items of injuries, only 3 on the head were grievous and the remaining 10 were simple i.e., did not even endanger life. | [
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and was chased by the public, but he escaped. | [] |
The object was to verify claims of these displaced persons from West Pakistan in respect of their properties left behind by them in West Pakistan at the time of their return to India. | [
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The oral evidence on this point I consists of the deposition of claimant Jagalia, Ex, 38, that of claimant Ditia, Ex. 39 and the driver Shabhai, Ex. 44. | [
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If it is not, then Section 22 was no bar to the maintainability of the suit. | [
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The said Yogas arc not merely thcorization in the metaphysical spheres but have a tremendous bearing in the pragmatic world. | [] |
Accordingly, we reverse the order of the Tribunal in both the cases on this point. | [] |
Rs. 10 lacs for a period of 6 years Deposition of awarded amount with STATE BANK OF INDIA, Saket Court Branch, New Delhi. | [
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In such an event also there was no occasion for the plaintiffs to rebook the said consignments from Gaya to Ranchi under fresh consignments notes. | [
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Where a defendant denies an allegation of fact in the plaint, he must not do so evasively, but answer the point of substance. | [] |
As was said in State of Rajasthan v. S. Chawla, (1959) Supp 1 SCR 904 = (AIR 1959 SC 544) the entries in the lists must be regarded as enumeratio simplex of broad categories. | [
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However, it is always necessary to remember in that connection the observations of Parke, B. in (1834) 149 ER 1044 already referred to which not only define what a privileged occasion is but also the principle on which it is based. | [
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Merely because the stone slab was not plastered, the evidence regarding recovery cannot be doubted. | [] |
The Investigating Officer, Himatgiri Gosai, was examined and police statement of Laljibhai was duly proved through his evidence. | [
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The court mentions that accordingly it recorded first answer given by the witness. | [] |
It has been submitted that the those witnesses were none else but accomplices and were induced by Navy by continuously placing the orders on them despite discovery of story of so-called illegal gratifications allegedly paid by them to the petitioner. | [] |
Apart from the compensation for acquisition of the said premises, the assessee received a sum of Rs. 2 lakhs from the State on account of mesne profits for the use and occupation of the said premises by the erstwhile tenant. | [] |
21. Section 173(8) is a new provision introduced by the Code of Criminal Procedure, 1973 (hereinafter referred to as „Code‟), which was not there in the earlier Code. | [
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The petitioner was also examined on 28.4.2014 in terms of the judgment of the Hon'ble High Court on 11.01.2013 in MACA NO. 792/2006 titled as Oriental Insurance Co. Ltd v. Ranjit Pandey & Ors. | [
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The plaintiff has to allege and prove that all the terms of the contract are not contained in the promissory note. | [] |
What the notification has in view is not a hospital who pampers those in high places but one who gives free treatment to those who find it difficult to survive let alone afford the luxury of being treated in a private hospital. | [] |
The trial Court ordered the petition and directed the 3rd defendant to pay the stamp duty and penalty on Ex.B38, and challenging the said order, a revision was filed in this Court. | [] |
However, when P.W.2 Rajesh Kumar Srivastava was examined in court, he has not stated a word about receipt of any secret information by him. | [
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There is no reason to suppose that the Civil Procedure Code, the Transfer of Property Act, the Contract Act are excluded from this overriding effect given to these laws. | [
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The Returning Officer could not have been unaware of the fact that the respondent was getting a second application for recount written and he was duty bound to enable him to complete it and present it. | [] |
The tax in respect of contract carriages (omni buses) increased to Rs.1,000/- with effect from 1.4.1994; Rs.1,500/- with effect from 1.4.1996 and again to Rs.2,000/- by Tamil Nadu Motor Vehicles Taxation (Amendment) Act, 1998 (Tamil Nadu Act No.27 of 1998) with effect from 1.7.1998. | [
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By reason of the proviso to Sub-section (1) of Section 10 of the Nayar Act, the father is not the guardian of his minor children in respect of their tarwad property. | [
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ii. The bail application (M.Cr.C. No.10417/2010) of Satish Lodhi was dismissed by this Court on 26.11.2010, copy thereof was sent by the Registry on 31.12.2010 to the Sessions Judge, Jabalpur. | [
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After the case was received by commitment, charge under Section 302 of the Indian Penal Code, against Bhup Singh, accused, and under Section 302 read with Section 34 of the Indian Penal Code, against Omeshwar and Mahender, accused, was framed, to which they pleaded not guilty, and claimed judicial trial. | [
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Criminal Appeal Nos. 803, 863 and 871 of 2001 are by A-1, A-3, A-4, A-5, A-7, A-8, A-9, A-11, A-12, A-13, A-14, A-15, A-18, A-20, A-21, A-22 and A-40, challenging their conviction under Section 302 read with Section 34 and Sec.148 IPC, and the sentence of life imprisonment. | [
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All the same we are unable also to subscribe to the proposition that there is no trial until the accused pleads guilty or when the Magistrate proceeds to take evidence under sub-section (5) or sub-section (7) of section 251-A Cr.P.C. | [
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Trial of Ram Charan was separated and trial of Jagat Pal abated due to his death during trial.
4.Accused Mahendra, Kamla, Raju alias Raj Bahadur, Balwant were charged for offences punishable under sections 364, 302/149, 201, 342 IPC. | [
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The finding by this Court on Section 14(1) (e) DRCA was that the accommodation available with the landlord was more than sufficient for his needs and that he did not bonafide require the tenanted premises. | [
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Annexures-O and P were produced to show that such premises was leased and rent was paid. | [] |
If that be so, it must follow that the definition of 'political sufferer' not only makes the children of such sufferers distinguishable from the rest but such a classification has a reasonable nexus with the object of the rules which can be nothing else than a fair and just distribution of seats."
17. | [] |
3. The circulars, dated March 27 and June 12, 1967, and the cabinet decisions upon which they are based are unlawful | [
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In the case of H. M. Kashiparekh & Co. Ltd. v. CIT [1960] 39 ITR 706, the Division Bench of the Bombay High Court held that it is the real income of the assessee that is liable to tax because income-tax is a tax on income. | [
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it bad as it did not disclose all the questions & answers put & received must also fail. | [] |
The case of the complainant as per the complaint is that complainant is a law abiding citizen of India working with M/S AVON TRIP. | [
{
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Even the word "bearer" on the cheques was not crossed out. | [] |
New heads of public policy cannot be made out as already held in R. C. Mitter & Sons' case [1959] 36 ITR 194 (SC).
| [
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Further, Ex.X.7, D.W.1 categorically stated that earlier they intended to enter into agreement, but later they have entered into agreement with fifth respondent. | [] |
On the other hand, defendant no.1 examined himself as DW-1, Sh.Raj Pal s/o.Sh.Ram Kishan as DW-2, Sh.Desh Raj s/o. | [
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Another Division Bench in CWP No.4405 of 1998 titled "Manju Jain & another Vs. Haryana Urban Development Authority & others" decided on 02.04.1998 has followed the judgment in Aruna Luthra's case (supra) to return a finding that there is no provision in the Regulations to levy penal interest, thus, the levy of interest at the rate of 18% p.a. was set aside. | [
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. Ram Yadav S/o Sh. Jai Kant Yadav, R/o Village Mangooda, P.S. Dhanshyampur, District Darbanga, Bihar is the complainant in the present case. | [
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By the laws of England, every invasion of private property be it ever so minute, is a trespass. | [
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It is the case of the complainant that upon her persistence, the accused persons, in partial discharge of their admitted debts and liability towards the complainant, issued a cheque bearing no. 402041 dated 17.6.2011 for an amount of Rs. 1,00,000/ drawn on Andhra Bank, Preet Vihar, New Delhi - 110002 in favour of Complainant"Fashion Link" signed by accused Sh. Naresh Kumar Bansal. | [
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The single Judge of the Mysore High Court in A. Manjundappa's case (AIR 1965 Mysore 73) (cited supra) held as under :
"3. | [
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CONCLUSION 16) It is well settled that leave to defend is granted to the tenant in case any triable issue is raised by him, which can be adjudicated by consideration of additional evidence. | [] |
The Transporter, Thiru.Iyyappan, of Palani, Didndigul District has also given a statement on 04.09.1997, endorsing that the vehicle was hired to Thiru.Karimal S/o.Kandavel, Ganesan, S/o.Sangili and Velan S/o. Subramani for the purpose of transporting sandalwood. | [
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7. Was the cess payable by the first defendant in Indore as a part of the freight and, if so, whether it remained to be -recovered due to mistake? | [
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However, if any other bank agrees to provide the special scheme for victims of the road accident on the above terms, the deposit be permitted to be made in that Bank subject to the convenience of the victim/legal representative of the victim of the road accident".
32. | [] |
Heard on IA No.7385/2015, an application for deleting the name of respondents No.2 Manju and No.3 Sameer. | [
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Adjacent west of the room/shop of the informant there is Saurabh Medical Hall, in front whereof also there is open space where the dead body of Sunil Kumar Singh the brother of the informant smeared with blood was found lying flat on the back with head of the deceased on the southern side. | [
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In Spl.C.C.No.134/1999, the accused is alleged to have misappropriated a sum of Rs.1,01,379/- during the period between 09.01.1995 to 24.08.1995 | [
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Elaborate and detailed arguments are advanced by both sides by inviting our attention to the pleadings, the orders impugned, the order in revision, the legal provisions and the rulings of Apex court and this High Court on the subject. | [
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20.Complainant has also filed written arguments wherein he has reiterated and reasserted the facts of the case. | [] |
With regard to the second point, it was contended before the AAC that as the return was filed on 7th August, 1963, and the assessment was completed only on 27th December, 1965, the ITO should have exercised his discretion to reduce or waive the interest under the provisions of Rule 48 of the Indian I.T. Rules, 1922, or under Rule 40 of the I.T. Rules, 1962. | [
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Departmental action has been taken in P.R.No.312/03 under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules, 1955 by the Deputy Inspector General of Police, Madurai Range, Madurai, framing three charges against the petitioner and the other police constables. | [
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In this case it has been held that the essence of the Code of Civil Procedure is to be exhaustive, so far as it goes. | [
{
"end": 77,
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}
] |
It seems that it was sent to his old address. | [] |
It is not at all possible to accept the argument that the time spent by the I.T.C. In the departmental proceedings should not be taken into account for the purpose of explaining the delay in approaching this Court under Article 226 of the Constitution. | [
{
"end": 82,
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{
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{
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] |
The terms for renewal are contained in Clause (4) of Condition No. 25 of the Tender Notice and the petitioner does not challenge his liability to get a renewal on the terms as contained in Clause (5). | [
{
"end": 69,
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},
{
"end": 199,
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}
] |
He also stated that on the date of incident at about 10-11 Om Prakash son of Koja Ram approached to him and informed that the persons of Muslim community of Village Hariar had surrounded their hut. | [
{
"end": 69,
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{
"end": 85,
"label": "OTHER_PERSON",
"start": 77
},
{
"end": 171,
"label": "GPE",
"start": 165
}
] |
Once such a provision was made, there is no doubt that an application before the Court has to be made within 3 years after the expiry of 90 days from the date of the application and if any application is made beyond the time so fixed in view of Article 137 of the Schedule to the Limitation Act, it is liable to be rejected in limine. | [
{
"end": 256,
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"start": 245
},
{
"end": 294,
"label": "STATUTE",
"start": 280
}
] |
Therefore, motive behind the crime is relevant factor for which evidence may be adduced. | [] |
50) ISSUE No2 in M.V.C.No.6640/2013: PW3 has stated in her evidence that, her daughter Priya sustained fracture of both bones of left hand, abrasion over forehead and blunt injury over right side cheek. | [
{
"end": 38,
"label": "CASE_NUMBER",
"start": 20
},
{
"end": 95,
"label": "OTHER_PERSON",
"start": 90
}
] |
Paras 8 and 9 of the report in Susamma Thomas (Mrs.) (supra) are extracted hereunder:-
"8. | [
{
"end": 45,
"label": "OTHER_PERSON",
"start": 31
}
] |
In the said writ petition, Constable Ramachandran Nair filed a counter affidavit dated 11.01.1999 in which he made a confession that he had shot Naxalite Varghese on the instruction of the then Deputy Superintendent of Police (DSP), Lakshmana. | [
{
"end": 54,
"label": "OTHER_PERSON",
"start": 37
},
{
"end": 97,
"label": "DATE",
"start": 87
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{
"end": 162,
"label": "OTHER_PERSON",
"start": 145
},
{
"end": 242,
"label": "OTHER_PERSON",
"start": 233
}
] |
The above observations of the Tribunal made on the basis of the observations of the Supreme Court in Sahney Steel also how that the Tribunal was alive to the distinction between the character of the subsidy given with the object of promoting industrial growth in a particular area and the subsidy given conditional upon the commencement of production and after actual commencement of production. | [
{
"end": 97,
"label": "COURT",
"start": 84
},
{
"end": 113,
"label": "ORG",
"start": 101
}
] |
In Mohta Trading Co. v. Commissioner of Sales Tax [1976] 38 STC 11, the assessee was a dealer in cotton sewing thread. | [
{
"end": 66,
"label": "PRECEDENT",
"start": 3
}
] |
Ex. PW1/D1 is the statement dated 20/01/2003 of the plaintiff recorded before Hon'ble High Court of Delhi and Ex.PW1/D2 is the certified copy of the judgment of Hon'ble High Court of Delhi in CM(M)527/1999. | [
{
"end": 47,
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"start": 37
},
{
"end": 108,
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"start": 89
},
{
"end": 191,
"label": "COURT",
"start": 172
},
{
"end": 208,
"label": "CASE_NUMBER",
"start": 195
}
] |
When the bazar-day permits were proposed to be cancelled in the draft scheme, it cannot be argued that the scheme did not intend exclusive operation by the Corporation on the routes covered by the bazar-day permits. | [] |
The third defence that there was no notice of dishonour is again answered by the provisions of Section 52(3) of the Bills of Exchange Act, 1882 to which a reference has already been made. | [
{
"end": 108,
"label": "PROVISION",
"start": 95
},
{
"end": 143,
"label": "STATUTE",
"start": 116
}
] |
It was held that once an award has been made a party cannot raise more disputes which he/ it could and ought to have been raised. | [] |
On 12-4-1991 the counsel for the 2nd respondent i.e., Sri T. V. Ramana endorsed on the said complaint petition" and the complaint was "dismissed since not pressed" by the learned Magistrate. | [
{
"end": 12,
"label": "DATE",
"start": 3
},
{
"end": 70,
"label": "OTHER_PERSON",
"start": 58
}
] |
Plaintiff being the highest bidder, his bid was accepted and he deposited an amount of Rupees 2,949/-. | [] |
It is, therefore, clear that if this Court decrees the suit, the decree can be executed under the reciprocal arrangement in the U.K. | [
{
"end": 132,
"label": "GPE",
"start": 128
}
] |
I fail to appreciate how the Customs authorities can bypass the orders passed by the Tribunal dealing with the identical issues. | [] |
This section is based on the principle of construc-tive trust, which has been defined in the standard English and American Text Books and is an extension of the principle that a trustee shall not be allowed to make profit out of the trust (E. B. Powell, The Indian Trusts Act, p. 388).
31. | [
{
"end": 256,
"label": "OTHER_PERSON",
"start": 244
},
{
"end": 279,
"label": "STATUTE",
"start": 262
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] |
The fourth ground which has vehemently been argued by counsel for the petitioner is that the age of retirement of Chairman has been fixed at 72 years with the sole intention and object of accommodating respondent No.6 at the behest of respondent No.5 and the same would fall foul to the observations made by the Division Bench of this Court in the case of Manmohan Singh Chaudhary (supra). | [
{
"end": 380,
"label": "OTHER_PERSON",
"start": 356
}
] |
To sum up, the basis of every levy is the controlling factor. | [] |
This intimation could not be treated as communicating to the appellant that he had a right under law, to be searched before the said authorities. | [] |
of which the Plaintiff- Kuljinder Singh Ahluwalia, Defendant No.1 Smt. Sandeep Kaur Ahluwalia and Defendant No.2, Ravinder Singh Ahluwalia are the partners in equal share. | [
{
"end": 65,
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{
"end": 125,
"label": "RESPONDENT",
"start": 95
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{
"end": 170,
"label": "RESPONDENT",
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My father therefore, could not come to Hyderabad to file Rx.B157A and 157B and therefore had given me this paper to file in this Ilon'ble Court. | [
{
"end": 48,
"label": "GPE",
"start": 39
},
{
"end": 74,
"label": "CASE_NUMBER",
"start": 57
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] |
As prayed, let the writ petition be listed after a week. | [] |
In the present case, there is no material indicating that the work is not available. | [] |