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Judgment Search Results Home > Cases Phrase: dharma hindu law Year: 2000 Page 99 of about 2,509 results (0.235 seconds)

Aug 17 2000 (HC)

Harpal Singh Vs. Smt. Manvinder Kaur and anr.

Court : Punjab and Haryana

Decided on : Aug-17-2000

Reported in : (2000)126PLR818

..... valuables and gold ornaments with her which are in her possession as mentioned in schedule rl attached to the written statement. petition under section 11 of the hindu marriage act was filed in the court of shri b.s. bedi, additional district judge, ludhiana. her marriage was declared void ab-initio by the ..... marriage with harpal singh had been adjudged void by additional district judge, ludhiana as it had taken place in contravention of section 5(i) of the hindu marriage act.4. defendants-harpal singh and his mother smt. bhagwanti went in appeal which was dismissed by additional district judge, ludhiana vide order dated 12 ..... gold for use of the plaintiff at the time of marriage, it is not probable that the plaintiffs gave no gold ornaments to their son-in-law harpal singh or his parents smt. bhagwanti and jagan singh. learned trial court felt that some other gold ornaments must have been given by her parents ..... subsisting when she contracted this marriage with harpal singh. her marriage with harpal singh is void ab-initio and is no marriage in the eye of law. when her parents were confronted that when she was already married to one manmohan singh and her marriage with him was subsisting, how she was passed ..... with the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the muslim personal law (shariat) appeals.'with appreciation of evidence made by the two courts below, there can be no interference in regular second appeal. this appeal fails and .....

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Aug 11 2000 (HC)

United India Insurance Co. Ltd. Vs. Darshan Kaur Etc.

Court : Punjab and Haryana

Decided on : Aug-11-2000

Reported in : I(2001)ACC681; 2001ACJ998; (2000)126PLR826

m.l. singhal, j.1. vide order dated 18.7.1998, motor accidents claims tribunal, sirsa awarded rs. 50,000/- as compensation under head 'no fault liability to smt. darshan kaur and others-claimants in claim application filed by them against united india insurance company limited etc. under section 166 of the motor vehicles act, 1988 for the grant of compensation to them on account of the death of their bread-winner harjinder singh. as per the facts put forth in the claim application harjinder singh was travelling on 18.1.1997 in canter no. dl-il-6251 which was owned by him. on the way tyre of the canter burst and as a result of mishap, harjinder singh suffered fatal injuries. canter was being driven by gurnam singh. it was insured with the united india insurance company limited.2. aggrieved from this award passed under the 'no fault liability', united india insurance company limited has come up in revision to this court by invoking its jurisdiction under article 227 of the constitution of india.3. learned counsel for the petitioner submits that the united india insurance company limited is not liable to reimburse the claimants. united india insurance company limited would have been liable to reimburse if some body else had died while travelling by this canter in accident. it is submitted that the contract of insurance entered into between harjinder singh and the insurer (united india insurance company limited) is that the insurer will compensate the third party if it suffers .....

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Jul 06 2000 (HC)

Gurnam Singh and ors. Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Jul-06-2000

Reported in : 2001CriLJ561

bakhshish kaur, j.1. gurnam singh, jarnail singh and baldev singhappellants aggrieved by the judgment dated 1-12-1987 preferred this appeal as they were convicted and sentenced to undergo imprisonment under sections 326/323 read with section 34 indian penal code.2. the genesis of the occurrence is that on july 1, 1986, mohinder singh after making purchases from raja sansi was returning to his house. at about 7.00 p.m. when he reached on the pucca road leading to village saidpur, gurnam singh, jarnail singh and gian singh, armed with kirpans and baldev singh armed with dang emerged from their house. baldev singh shouted that mohinder singh be caught hold and taught a lesson for helping labh singh in the land dispute. at this, gurnam singh inflicted kirpan blow hitting mohinder singh on the left side of his head. jarnail singh inflicted kirpan blow hitting on his forehead. gurnam singh inflicted another kirpan blow on the left arm of mohinder singh. gian singh inflicted kirpan blow to mohinder singh and in order to ward off the blow, he raised his right arm. baldev singh gave three dang blows to mohinder singh when he was lying on the ground. charan singh and harjinder singh were attracted to the spot on hearing the alarm raised by mohinder singh and he was rescued. thereafter, all the accused ran away from the spot carrying with them their respective weapons.3. the injured was immediately removed to s.g.t.b hospital, amritsar by charan singh, harjinder singh and gurdeep kaur .....

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Jan 07 2000 (SC)

Ragavendra Kumar Vs. Firm Prem Machinary and Co.

Court : Supreme Court of India

Decided on : Jan-07-2000

Reported in : AIR2000SC534; JT2000(1)SC61; (2000)IIMLJ50(SC); 2000(1)MPHT501; 2000(1)SCALE49b; (2000)1SCC679; [2000]1SCR77

..... was wrong. therefore,17. for the reasons stated above we are of the considered opinion that the high court in the second appeal erred in law by setting aside concurrent findings of facts of the courts below by re-appreciating the entire evidence on record.18. in result appeal is allowed ..... suit premises.15. without considering whether the two questions framed by the learned single judge of the high court in second appeal were substantial questions of law or not, we find that these two questions were framed contrary to the judgments of the courts below. mr. satish chandra, learned senior counsel ..... ram prasad raja v. nand kumar & bros. and anr., .10. the learned single judge of the high court while formulating first substantial question of law proceeded on the basis that the plaintiff-landlord admitted that there were number of plots, shops and houses in his possession. we have been taken through ..... counsel for the respondent.7. the learned counsel mr. sanghi for the appellant has urged that the high court in the second appeal erred in law by setting aside the concurrent finding of fact of the courts below by re-appreciating the evidence on record. in this connection learned counsel has placed ..... the defendant-tenant.4. the high court in the second appeal framed the following two questions which according to the high court were substantial questions of law.(i) 'whether in view of the fact that the respondent admitted that there are number of plots, houses and shops in his possession, the .....

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Jan 12 2000 (SC)

S. N. Dube Vs. N. B. Bhoir and ors.

Court : Supreme Court of India

Decided on : Jan-12-2000

Reported in : AIR2000SC776; 2000CriLJ830; JT2000(1)SC220; 2000(1)SCALE175; (2000)2SCC254; [2000]1SCR200

..... made thereunder. this court considering its constitutionality in kartar singh v. state of punjab : 1994crilj3139 , observed that 'having regard to the legal competence of the legislature to make the law prescribing a different mode of proof, the meaningful purpose and object of the legislation, the gravity of terrorism unleashed by the terrorists and destructionists endangering not only the sovereignty and ..... to give evidence' - held that the impugned section cannot be said to be suffering from any vice of unconstitutionality. section 15 is thus an important departure from the ordinary law and must receive that interpretation which would achieve the object of that provision and not frustrate or truncate it. interpreting the said provision this court in state through superintendent of ..... recording the second part the police officer should give the statutory warning and then ascertain if the person concerned is making it voluntarily, cannot be accepted. the requirement of law is that before recording the confession the police officer should ascertain by putting questions to the maker of it that he is making the confession voluntarily and he should ..... mixed up or because different words conveying the same thing as is required are used by the recording officer. we hold that the trial court committed an error of law in holding that because the certificates and memorandums are not in the same form and words they must be regarded as inadmissible. having gone through the certificates and the .....

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Feb 01 2000 (SC)

State of Madhya Pradesh and ors. Vs. Shri Ram Singh

Court : Supreme Court of India

Decided on : Feb-01-2000

Reported in : AIR2000SC870; 2000CriLJ1401; JT2000(1)SC518; 2000(1)MPHT558; 2000(1)SCALE396; (2000)5SCC88; [2000]1SCR579

..... of as under:we set aside the judgment of the high court quashing the first information report as not being legally and factually sustainable in law for the reasons aforementioned; but, however, we quash the commencement as well as the entire investigation, if any so far done for ..... further proceeding with the investigation. the high court held that allegations made in the complaint do not constitute a cognizable offence for commencing a lawful investigation and granted relief as prayed for by the petitioner therein. aggrieved by the aforesaid judgment the state of haryana preferred an appeal in ..... to make effective provision for the prevention of bribery and corruption and at any rate not defeat it.10. procedural delays and technicalities of law should not be permitted to defeat the object sought to be achieved by the act. the overall public interest and the social object is ..... enacted with the object of dealing with the circumstances, contingencies and shortcomings which were noticed in the working and implementation of 1947 act. the law relating to prevention of corruption was essentially made to deal with the public servants, as understood in the common parlance but specifically defined in ..... wide discretion with the result of luring them to the glittering shine of the wealth and property. in order to consolidate and amend the laws relating to prevention of corruption and matters connected thereto, the prevention of corruption act, 1947 was enacted which was amended from time to time .....

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Feb 28 2000 (SC)

State of Maharashtra Vs. Laljit Rajshi Shah and ors.

Court : Supreme Court of India

Decided on : Feb-28-2000

Reported in : AIR2000SC937; 2000(1)ALD(Cri)720; 2000CriLJ1494; JT2000(2)SC546; 2000(2)SCALE126; (2000)2SCC699; [2000]1SCR1239; 2000(2)LC915(SC)

..... distinct fields and, therefore, the provisions thereof have to be judged with reference to its own source and this being the position in law, an officer who may be a 'public servant' under section 161 of the co-operative societies act cannot be prosecuted for offences under the indian penal code, so long as ..... legislature, for which they had the competence under entry 32 of list ii of the seventh schedule read with entry 64 thereof, whereas indian penal code is an pre-existing law, which was there at the commencement of the constitution and is a legislation under entry 1 of list iii of the seventh schedule. the two statutes operate in different and ..... section 21 of the indian penal code. it further held that the state legislature which was competent to amend section 21 of the indian penal code, the subject of criminal law being on the concurrent list and yet the said not having been done, the expression 'public servant' under section 161 of the act would mean those officers to be 'public ..... of sanction, the special judge also agreeing with the accused persons held that no previous sanction having been obtained for prosecution of the accused persons, the cognizance is bad in law. assailing the order of learned special judge, the state moved the high court. when the matter was placed before a learned single judge, he referred the matter to a larger .....

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Apr 18 2000 (SC)

Raghbir Singh Vs. State of Haryana

Court : Supreme Court of India

Decided on : Apr-18-2000

Reported in : AIR2000SC3395; 2000(1)ALD(Cri)879; 2000(1)ALT(Cri)336; 2000CriLJ2463; JT2000(5)SC21; 2000(3)SCALE343; (2000)9SCC88

..... , the plea does not appear to have been raised before the high court at all.20. in our view, the appellant has been unable to point out any error of law or any perversity which would justify this court in upsetting the concurrent finding as to the guilt of the appellant under section 302 ipc. however, the enhancement of the fine ..... well to keep in mind that this court will not interfere with concurrent findings of fact unless there is strong reason to do so, such as a manifest error of law in arriving at the finding or when the finding is perverse in the sense that any material fact has been overlooked or is based on any legally inadmissible evidence.3 .....

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May 05 2000 (SC)

Abdul Nazar Madani Vs. State of Tamil Nadu and anr.

Court : Supreme Court of India

Decided on : May-05-2000

Reported in : AIR2000SC2293; 2000(1)ALD(Cri)950; 2000CriLJ3480; JT2000(6)SC207; 2000(4)SCALE344; (2000)6SCC204

..... of there being no possibility of fair trial in the state of tamil nadu. it is alleged that in the state of tamil nadu both hindu and muslim fundamentalists are inciting trouble which has surcharged the communal atmosphere in that state making the conduct of the fair trial impossible. it is ..... it is submitted that it is not correct to state that the communal tension is prevailing in the state of tamil nadu and both muslim and hindu fundamentalist are inciting troubles which will lead to communal tension is presently no communal tension in tamil nadu and communal harmony is maintained in the state ..... 1998, has been since completely defused and normalized due to the strong measures taken by the fair and firm investigation of the case and by the law and order machinery. the atmosphere in the state is peaceful. hence the trial will be conducted peacefully and smoothly.10. after perusing annexure a we ..... in the whole of the state of tamil nadu. we are of the opinion that in a secular, democratic country governed by the rule of law, the appropriate state government is responsible for ensuring free, fair and impartial trial to the accused notwithstanding the nature of accusations made against them. nothing ..... 1998 has since been completely defused and normalized due to the strong measures taken by the fair and firm investigation of the case and by the law and order machinery. the atmosphere in the state is stated to be peaceful and the trial is assured to be conducted peacefully and smoothly.4. .....

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Jul 26 2000 (SC)

The Factory Manager, Cimmco Wagon Factory Vs. Virendra Kumar Sharma an ...

Court : Supreme Court of India

Decided on : Jul-26-2000

Reported in : AIR2000SC2524; [2000(86)FLR772]; JT2000(8)SC229; (2000)IILLJ775SC; 2000(5)SCALE290; (2000)6SCC554; [2000]Supp1SCR678; 2000(2)LC1143(SC); (2000)3UPLBEC1865

..... in certain circumstances, enhanced penalty after previous conviction etc. the act provides for the health, safety, welfare, aspects of worker in factories. it was enacted to consolidate and amend the law regulating labour in factories. the presumption under section 103 of the act as already noticed above is to be raised for the purpose of the said act. even otherwise on ..... respondent was not a workman, raising a presumption under section 103 of the act in his favour was not correct. at any rate there were no good reasons sustainable in law to upset the finding of fact recorded by the labour court based on the evidence placed on record after proper appreciation of the same and more so when the award .....

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