Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna
Decided on : Jul-14-2004
..... appearing on behalf of the respondent-complainant submitted that on the basis of the police report it cannot be held legally that life assured was driving the bus negligently or rashly. there is no other evidence collected by the l.i.c ..... the district forum did not appreciate the terms of clause 10 of the policy bond because rash and negligent driving is an illegal act and it was committed by the life assured. the police after investigation submitted final form mentioning that accident was due to negligent and rash driving of the driver. 7. the learned lawyer ..... driving the vehicle rashly and negligently which caused the accident. the police submitted final form as there was also a death in the accident. it is also the case of the o.p. that complainant made a delay in ..... from the f.i.r. no. 113/2000 dated 23.11.2000 registered at the instance of one maheshwar singh with charpokhri p.s. it appears that police registered a case under sections 279, 337, 338 and 304, i.p.c. and upon investigation it was found that the bus driver (life assured) was ..... has supported the contention of the l.i.c. on the fact mentioned in the f.i.r. and the police investigation report it cannot be said that life assured since deceased has committed any illegal act. admittedly, he is a bus driver and in accident he died, as such, he is entitled for double accident .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT
Decided on : May-21-2004
Reported in : (2005)(99)ECC319
..... and rejected the appellants submission as baseless and incorrect. the commissioner has totally erred in relying on the letter dated 5.1.1999 from jdgft, calcutta, as mentioned in para 15 of the commissioner's order. none of the letters referred in the said para were addressed or endorsed to the ..... valued lam coke at the time of importation. they had also completed their export obligation. therefore, there is no violation of the provisions of customs act. customs authorities cannot go into the domain of licensing authority for taking action by modifying the value limit given in vabal. in the circumstances, we ..... the said notification on the part of the appellants. therefore, there was no scope for invoking section 111(d) or 111(o) of the customs act and no penalty was imposable on the appellants.7. learned sdr shri p.m. saleem appeared for revenue and pleaded that for determining the total value ..... rs. 37,96,720 on the excess import of lam coal alongwith interest @ 24% per annum and also proposing penalty under section 112(a)/114a of customs act. the case was adjudicated by the commissioner under order-in-original nos. 28, 29/99 - 2000 dated 10 & 12.1.2000. against this order, ..... norms under exim policy, the appellants have mis-declared the price/value of lam coke in the application, in contravention of section 14 of the customs act read with rule 2(i) of foreign trade (regulation) rules, 1993. as there was substantial difference between the price declared in the application for licence .....Tag this Judgment!
Court : Orissa
Decided on : Mar-09-2004
Reported in : 2004(I)OLR465
..... the district magistrate in paragraph 18 thereof that the district magistrate admitted this position and it was further stated therein that the aforesaid three police cases were taken into consideration to show the past criminal and antisocial records of the detenu. referring to these facts, as stated in ..... the admissions made by the detaining authority in his counter affidavit in this regard. from the aforesaid, it appears that the grounds that were acted upon for issuing previous order of detention were also relied upon in the grounds of detention by the detaining authority in support of the impugned ..... kalna and ors. (air 1989 supreme court 1234 while considering the similar cases of detention under the provisions of gujarat prevention of anti-social activities act, 1985, the supreme court held the aforesaid view. it has been held by the supreme court in paragraph 15 of the aforesaid decision that ..... antisocial activities of the detenu continued unabated in spite of being arrested and charge sheeted in a number of cases and booked under national security act, 1980 earlier. the detenu did not spare even prime business centre and important public places like o.m.p. square of cuttack town. ..... shri titua alias anirudha sethi, son of udayanath alias aswini kumar sethi of chauliaganj talasahi, p.s. chauliaganj in the district of cuttack from acting in manner prejudicial to the maintenance of public order, it is necessary to make the following orders. now therefore, in exercise of the powers .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-05-2004
Reported in : (2004)3GLR2588
..... . 500/-, in default, rigorous imprisonment for three months. the appellant was prosecuted but acquitted of the charge levelled against him for the offence punishable under section 135 of the bombay police act. however, this acquittal is not the subject-matter of change by the state government.2. deceased and victim in this case is father while accused-appellant herein happens to be ..... of judicial magistrate, first class at mansa against the appellant for the offence under section 302 of the indian penal code as well as under section 135 of the bombay police act. the case came to be committed by learned judicial magistrate, first class, mansa to the sessions court at mehsana, as per section 209 of the criminal procedure code as the same was ..... given benefit of set off for the period he had already undergone in jail during trial and came to be acquitted for the charge under section 135 of the bombay police act.8. learned counsel for the appellant mr. p.m. vyas who is appointed to assist him, vehemently attacked the prosecution case on the ground that in fact none of the ..... of the investigating officer. section 162(2) of the criminal procedure code makes it amply clear that the use of the police statement is limited for contradicting the witness as per section 145 of the evidence act. now, provisions of section 145 of the evidence act permits cross-examiner to put questions to the witness without showing or referring to his previous statement, but if .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-2004
Reported in : AIR2004Bom328; 2004(4)ALLMR47; 2004(4)BomCR731
..... this court can interfere with it by issuing appropriate directions.16. in this connection, it may be necessary to consider the relevant provisions of the act. the act has been enacted to consolidate and amend the law relating to taxation of motor vehicles in the state of bombay and to provide for certain other ..... obviously, therefore, no injunction can be granted against respondent no. 5 from collecting toll to which it is entitled in accordance with the provisions of the act and as per the agreement arrived at between the parties till the period provided in the agreement is over, i.e. till 3rd december, 2005.21. ..... single entity, which is newly constructed, reconstructed, improved or repaired as the case may be, after the commencement of the bombay motor vehicles tax (amendment) act, 1987, at the expense of the state government or at the expense of any person or body or association of individuals whether incorporated or not or at ..... matters. section 20 of the act imposes a bar to levy tolls on motor vehicles except as provided therein. the said section has been amended and sub-section (1-a) of ..... be alleged that the record was tampered with to favour respondent no. 5.10. it was stated by the deponent that section 20(1-a) of the act enacts that notwithstanding anything contained in sub-section (1), but subject to provisions of subsections (1-b), (1-c) and (1-d), the state .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Apr-16-2004
Reported in : III(2004)BC472; 2004(3)MPHT358; 2004(2)MPLJ22
..... the demand note ex. p-6. so far as abdul gaffar was concerned, he had no reason to disbelieve that respondent nos. 2 and 3 would not act as an agent of respondent no. 1 and jeopardize the policy. he was not concerned with what arrangements were internally made between the lic and the mpsrtc. ..... court squarely applies to facts of the case in hand therefore conclusion is inevitable . that respondent nos. 2 and 3 under the general principle of agency, were acting as agent of the respondent no. 1 to collect the premium from the salary of the deceased for remittance to lic. in the case in hand it stands ..... as to what is the arrangement between lic and desu the employee is not concerned. in these circumstances desu can not perhaps be held liable under the act. but then the question arises if the widow of bhim singh can be left high and dry in this legal rigmarole when it is clear that as ..... suppressed by the deceased at the time of submission of proposal so as to enable the respondent no. 1 to repudiate its liability under section 45 of insurance act. scope of section 45 was considered by the supreme court in lic of india v. asha goel, air 2001 sc 549, wherein it was held that looking ..... no. 1, the employer had agreed to remit monthly instalments after deduction without any charges, and then in such a situation respondent nos. 2 and 3 were acting as an agent of the respondent no. 1, and the condition that if the employer fails to deduct the monthly instalment of premium it was for the assured .....Tag this Judgment!
Court : Patna
Decided on : Sep-08-2004
..... matter of mahesh kumar agarwal v. dy. director of income tax : 260itr67(cal) . in the said matter, the expressions reason to believe and reason to suspect were considered. the calcutta high court observed that reason to believe is a common feature of taxing statutes. it has been considered to be the most salutary safeguard on the exercise of the power ..... of sanjiv kumar. according to them, being suspicious about the mode and method of the payments, muster rolls were sent for examination first to central forensic science laboratory, bureau of police research and development, kolkata and then to central finger print bureau, national crime records bureau, east block 7, r.k. puram, new delhi. the, report of the director central finger ..... not proceed to determine merely on affidavits important issues on facts especially where serious allegations of improper conduct are made against the public servants and the officers assert that they acted in good faith in discharge of their duties.19. from the above referred judgment, it would also be clear that the authorities have to record their personal satisfaction and ..... at this stage that the director of income tax is the highest authority for the purposes of investigation.6. justifying the action taken under section 132(1)(a) of the act and issuing warrants of authorisation, it is submitted that after receiving certain information's, the respondents proposed to conduct a preliminary inquiry, therefore, they issued a notice. they have .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-06-2004
Reported in : 2004(2)CHN602
..... dated 17th january, 1994 the petitioner appeared before the selection board on 6th april, 1994 for interview, which according to him was to be conducted on the basis of the calcutta police regulations, 1968.2. the petitioner was found fit and suitable in physical measurement and also successfully completed the physical tests, such as, hundred metres and four hundred metres run and ..... that the petitioner, having been found suitable and having succeeded in the physical measurements, such as height, weight and chest measurement as provided in the recruitment rules, 1968 of the calcutta police, he was entitled to be appointed in the post of constable. it was contended that the introduction of a viva-voce test on the basis of which the petitioner was ..... to consider a procedure of short-listing adopted by the madhya pradesh public service commission which was in deviation of section 8(3)(c) of the madhya pradesh industrial relations act, 1960, which provided for recruitment of officers to preside over the labour court from candidates who had practised as advocates or pleaders for a total period of not less than ..... allegedly disqualified was contrary to the rules and the respondents acted illegally in taking recourse to the same in rejecting the petitioner's claim for appointment although he was eligible under the rules.5. the learned tribunal after considering the case .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-27-2004
Reported in : 2005(2)CHN318
..... case the accused petitioner is not appearing or, is not represented under section 205 of cr. pc, the learned metropolitan magistrate, 12th court, calcutta would be free to issue warrant of arrest to secure his arrest and appearance before him for the continuation of the said complaint proceeding. if ..... 2001) under section 406/420 of ipc and the order dated 18.12.02 passed by the learned chief metropolitan magistrate (hereinafter called the cmm), calcutta thereby issuing warrant of arrest against the petitioner in connection with the aforesaid case.2. learned advocate for the petitioner contended that the de facto complainant ..... sarani p. s. case no, 169 dated 12.6.01 was started against this petitioner under section 406/420 of ipc and in this police case the amount involved is same which amount is involved in the first complaint filed by this petitioner. the nature of allegations in both the ..... the de facto complainant monohar lal previously filed a complaint on 22.5.01 before the learned cmm, calcutta being case no. c/2409 of 2001 under section 138 of the n i act against this petitioner. in the said complaint it was alleged that this accused petitioner issued two cheques bearing ..... petitioner accused from the very inception of the transaction will establish that there was inducement and intention to cheat. in the instant matter let the police proceed with investigation and submit report in final form. the accused petitioner has not only closed his business place and shop but has also .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-23-2004
Reported in : 2005(3)CHN397
..... submitted, the investigating officer (hereinafter referred to as i.o.) could not collect report of arms expert and necessary sanction from the commissioner of police, calcutta and so in the chargesheet sections 25/27 of the arms act were not incorporated. in the chargesheet i.o. kept option open in his hand to file supplementary chargesheet against the accused petitioner. it appears ..... does not preclude further investigation and sending supplementary report. the investigating agency can submit supplementary reports to the magistrate even where the magistrate has taken cognizance of the offence upon police report. order of learned magistrate taking cognizance on subsequent report is competent and cannot be interfered with in revision. in the instant case at the time of submitting report ..... for quashing the orders dated 3.3.03 and 19.9.03 passed by the learned judge, 6th bench, city sessions court, calcutta in sessions case no. 85/01 thereby framing charge under sections 25/27 of arms act against the petitioner and rejecting his application under section 231(2) of the code for deferring cross-examination of p.w. 3 ..... judge transferred the case to the learned judge, 6th bench, city sessions court, calcutta and the learned judge on 30.1.02 framed charge under section 302/34 of indian penal code, against the petitioner. subsequently, a supplementary chargesheet under sections 25/27 of the arms act was filed before the learned metropolitan magistrate, 8th court and the learned magistrate sent .....Tag this Judgment!