Court : Supreme Court of India
Decided on : May-17-2007
Reported in : AIR2007SC2144; 2007(2)ARBLR279(SC); 2008(1)MhLj7; 2007(7)SCALE567; (2007)6SCC798; 2007AIRSCW3677; 2007LawHerald(SC)1923;
..... in that case did not answer that question finally but prima facie felt that the objection based on section 69(3) of the partnership act may not stand in the way of a party to an arbitration agreement moving the court under section 9 of the ..... 71/1949, came into existence on 10.12.1949. during the years from 1973 to 1980, the firm obtained three mining leases from the state government. the partnership firm was reconstituted in the year 1980, taking in some additional partners, again in the year 1991 and yet again in the year 1994. 3. on 14 ..... district court. thus, the high court reversed the decision of the district court and dismissed the application filed by the appellant-company under section 9 of the act. 9. feeling aggrieved by the said decision, the appellant-company has filed this appeal. it is contended on its behalf that the appeal filed before the ..... in that situation the injunction sought for could not be granted. it was also contended that going by section 14 and section 41 of the specific relief act, such a contract is unenforceable. therefore the injunction prayed for could not be granted. 8. the district court, while entertaining the application had made an ..... agreed to by the parties. the said application is said to be pending. 7. the appellant-company also moved an application under section 9 of the act before the district court, cuttack seeking interim relief essentially to permit it to continue to carry on the mining operations and to restrain the respondent firm from .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-26-2007
Reported in : 2007(2)MPHT1(SC); 2007(3)SCALE618; 2007AIRSCW2123; 2007CriLJ2291; (2007)2Crimes344(SC); 2007LawHerald(SC)1351
..... accused has not taken it, if the same is available to be considered from the material on record. under section 105 of the indian evidence act, 1872 (in short 'the evidence act'), the burden of proof is on the accused, who sets up the plea of self-defence, and, in the absence of proof ..... of retribution, expected to repel unlawful aggression and not as retaliatory measure. while providing for exercise of the right, care has been taken in ipc not to provide and has not devised a mechanism whereby an attack may be a pretence for killing. a right to defend does not include a ..... his attacker, such killing is justifiable. 20. the right of private defence is essentially a defensive right circumscribed by the governing statute i.e. the ipc, available only when the circumstances clearly justify it. it should not be allowed to be pleaded or availed as a pretext for a vindictive, aggressive ..... deceased or prosecution witnesses.12. the only other question which needs to be considered, is the alleged exercise of right of private defence. section 96, ipc provides that nothing is an offence which is done in the exercise of the right of private defence. the section does not define the expression 'right ..... to the injuries and injured pw5 was admitted in the hospital. the accused thereby committed offences punishable under sections 302 and 324 read with section 34 ipc. 4. the allegations against them were as follows:shajahan-a1 had caught hold the legs of the deceased facilitating a2 for stabbing him. a2 not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-13-2007
Reported in : 2007CriLJ1819; 2007(4)SCALE337; 2007AIRSCW1835; JT2007(4)SC618; 2007LawHerald(SC)1132
..... this court stated:the legislative recognition of the fact that no particular number of witnesses can be insisted upon is amply reflected in section 134 of the indian evidence act, 1872 (in short 'evidence act'). administration of justice can be affected and hampered if number of witnesses were to be insisted upon. it is not seldom that a crime has been committed ..... the court has no hesitation in recording a conviction solely on his uncorroborated testimony. from the aforesaid discussion, it is clear that indian legal system does not insist on plurality of witnesses. neither the legislature (section 134, evidence act, 1872) nor the judiciary mandates that there must be particular number of witnesses to record an order of conviction against the accused ..... referring to mahomed sugal, this court stated;on a consideration of the relevant authorities and the provisions of the indian evidence act, the following propositions may be safely stated as firmly established:(1) as a general rule, a court can and may act on the testimony of a single witness though uncorroborated. one credible witness outweighs the testimony of a number of ..... their lordships considered the legal position in england and in india. it was held that such evidence is admissible under indian law 'whether corroborated or not'. lord goddard, speaking for the board stated:.once there is admissible evidence a court can act upon it; corroboration, unless required by statute, goes only to the weight and value of the evidence. it .....Tag this Judgment!
Court : Delhi
Decided on : Jul-16-2007
Reported in : 142(2007)DLT342
..... judgment in ashoka marketing (supra) by making a reference to the language of section 14 of the delhi rent control act, 1958 and by also making reference to section 69 of the partnership act, 1932. we do not find any merit in the said contention. the phrases and words of section 14 of ..... the delhi rent control act, 1958 are much broader, wider and more comprehensive than sections 5 and 8 of the arbitration and conciliation act. we also feel that ..... india (the venue of arbitration being new delhi), whose decision shall be final, conclusive and binding upon the parties and to the provision of indian arbitration act, 1940 shall apply. reference to arbitration as above shall be made within 6 months of the arising of the rides to refer to arbitration. the ..... , then in terms of the second principle mentioned above, clause 27 will apply.33. it cannot be said that proceedings under the pp act and arbitration act for the same dispute can be resorted to and permitted under the license deed. no such argument was in fact raised. it is also ..... occupation in premises belonging to government, public companies and corporations controlled and owned by the central government. same reasoning will equally apply to pp act and arbitration and conciliation act.38. relying upon this judgment, a learned single judge of this court in c.j. international hotels ltd. v. new delhi municipal .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-26-2007
Reported in : 2008(1)ALLMR517; 2008(1)ARBLR155(Bom); 2008(1)BomCR366
..... unless such substitution or addition of the basis is preferred within the period of limitation within which the petition under section 30 of the said act can be filed. once the basis in support of the allegation of misconduct are disclosed, the same cannot be substituted or added after expiry ..... the original petition which was filed by birendra nath srivastava on 3rd july, 1967, the apex court observed that although in the said objections various acts of misconduct had been imputed to the arbitrator in several paragraphs, there was no averment in any of the paragraphs imputing misconduct of the nature ..... that the amendment application to the petition under section 30 of the said act was wrongly entertained inasmuch as that an objection to the award could not be raised after expiry of 30 days from the date of service ..... any of the four grounds along with the basis thereof quoted above from the petition filed by the appellants under section 30 of the said act.12. the apex court in bijendra nath srivastava's bijendra nath srivastava's bijendra nath srivastava's case (supra), while dealing with the contention ..... court in bijendra bijendra bijendra nath srivastava's case (supra). the attention is also drawn to the petition under section 30 of the said act while contending that the four grounds specifically raised therein, nowhere discloses the ground sought to be canvassed by the learned advocate for the appellants in .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-2007
Reported in : 2008(1)ALLMR794; 2008(2)BomCR166; 2008(2)MhLj362
..... kotwal 1990 m.l.j.306. in that case, the learned single of this court had held that in the case of a tenant co-partnership housing society, the title to the flat remains in the society and is not affected by the transfer of share in the society and only right ..... that the applicant had become member of the society on that date.14. learned counsel for the applicant contended that the share held in tenant co-partnership housing society is not immovable property and the transfer does not require registration. in support of this, he relied upon the authority in usha arvind ..... appears that the competent authority was totally ignorant about the legal provisions contained not only in section 13a(1) but also in section 79 of the indian evidence act. to this extent, the observations and findings of the competent officer are not correct.12. from the language of section 13a(1), it is clear ..... leave and license agreement dated 16.10.1970 for the purpose of residence of its partner, hardeep singh. the applicant was in the service of the indian army and retired from the army as a brigadier on 1.5.1993. he was suffering from thyroid cancer for a long period and since february, ..... officer commanding, madhya pradesh, bihar and orissa under whom the present applicant was serving as brigadier at the time of retirement.11. section 79 of the evidence act reads as follows:79. presumption as to genuineness of certified copies. -the court shall presume [to be genuine] every document purporting to be a certificate, .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-12-2007
Reported in : 300ITR432(Bom)
..... considering the size of the plot and part of it having already been developed could claim the benefit under section 80-ib(10) of the i.t. act. the issue as to whether the size of the plot of land has to be considered at the time the new construction is being put up or whether ..... be said that there were no reasons to believe. the information was in the annexures and consequently the explanation 2(c)(iv) of section 147 of the act will apply. the various judgments relied upon on behalf of the petitioner assessee are distinguishable in as much as either there was no failure to disclose the full ..... shikhar and giri centre was only available in the valuation report and hence the case is covered under explanation 2 (c) (iv) of section 147 of the act. the petitioner filed his reply and also filed his returns. 2. by the present petition it is the petitioners' case that all the information was available before ..... f.i. rebello, j.1. a notice was served on the petitioners by respondent no.1 under section 148 of the income-tax act, hereinafter referred to as the act, in which it is stated that he has reason to believe that the petitioner's income chargeable to tax for the assessment year 2001-02 ..... had escaped assessment within the meaning of section 147 of the act. on 1st may, 2003 an assessment order was passed under section 143 of the act determining the total income at rs. 12,36,393/- after allowing deduction under section 80ib(10) of the .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-20-2007
Reported in : 2008(2)BomCR94; (2008)110BOMLR328; 2008(3)MhLj214
..... reputed contractor and it undertakes the government contracts. in the past, the appellant had successfully completed the various civil construction works of the indian railways. the indian railways had floated a tender for the work regarding recapping of bridge no. 52 at km 1064/10-11 between samnapur and charegaon ..... award on the ground of being in conflict with public policy of india would be permissible if the award is:a) contrary to fundamental policy of indian law; or b) contrary to the interest of india; or c) contrary to justice or morality; or d) if it is patently illegal, ..... upon itself the task of being a judge of the evidence before the arbitrators. the petitioner also contended that under section 73 of the contract act actual purchase of goods is not at all necessary. the petitioner sought to place reliance on the decision of the supreme court in murlidhar ..... assessing reasonableness, an award must disclose causation for the conclusions (except where parties agree to have no reasons under section 31(3) of the act). such causation may however not be assailed in the court on the ground as to whether in drawing conclusions of fact the arbitrators had enough ..... arbitrators. the arbitrators passed an award. being aggrieved by that order passed by the arbitrators, the indian railways i.e. the respondent preferred an application under section 34 of the arbitration and conciliation act, 1996 before the learned district judge. the learned district judge modified the award, in as much .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-15-2007
Reported in : 2007(3)ALLMR780; 2007(2)BomCR587; 2007(3)MhLj402
..... to collect market dues upon a given piece of land is a benefit arising out of land within the meaning of section 3 of the indian registration act, 1877. a lease, therefore, of such right for a period of more than one year must be made by registered instrument. a ..... public notice on 14th may, 2005 a claim was filed by the 11th respondent. the respondent no. 11 is a company incorporated under the indian companies act and whose directors are the members of the family of respondent no. 10. pursuant to this, correspondence was exchanged on one hand between the ..... consideration, the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (hereinafter referred to as the act, 1963 apart from the specific relief act. under that act, a local act, there is an obligation cast on the owners of the land to convey not only the ..... 72. in that case the issue was whether a building or engineering contract could be specifically performed considering section 12(c) of the specific relief act. the court held that compensation in money would be adequate remedy. in dave ramshankar jivatram v. bai kailasgauri : air1974guj69 , what was in consideration ..... 1998 bom.170. the issue before the division bench of this court was consideration of explanation to section 16(c) of the specific relief act. that explanation requires that the plaintiff must aver performance of or readiness and willingness to perform the contract according to its true construction. the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-02-2007
Reported in : 2007(2)ALLMR834; 2007(2)BomCR792
..... to the application being made. time could have even been extended had the construction work remained incomplete. the defendants have carried out construction as per the agreement and done various acts ancillary thereto. it is absurd on the part of the plaintiffs to claim extension of time for the work already done, aside from the fact that it is to ..... terms. 38. both the parties were in possession. both the parties had employed their respective security. the defendants were to commence and continue the construction after the plaintiffs failed to act as per the consent terms. the defendants have produced photographs to show the completed construction put up by them. the construction of the building is complete. it is too late ..... carried out construction within the timeframe agreed upon by the parties and specified in the consent terms. 27. the defendants have show various bank statements showing entries, corresponding with the acts done, permissions obtained, expenses incurred, materials purchased by the defendants. i have gone through some of these entries at random. 28. this application does not require the court to ..... plaintiffs from constructing and taking over the construction and development of the property themselves which resulted in the suit being filed. 15. it is defendants'case that the same act of default has repeated itself after signing the consent terms and though specific time was laid down for each of the obligations to be performed, the plaintiffs breached almost all .....Tag this Judgment!