Court : Supreme Court of India
Decided on : Mar-21-2013
..... is sufficient material to show that the recovery had been made at the behest of the appellant (a-20) from the factory owned by a partnership to which he was the partner alongwith one surjit singh. in such a fact-situation, he ought to have explained the reason/source of his knowledge ..... recovery had not been proved in accordance with law. the disclosure statement alleged to have been made under the provision of section 27 of the indian evidence act, 1872 (hereinafter called evidence act ) has not been strictly followed. the said alleged disclosure statement did not bear the signature of the appellant (a- 20). there were ..... under section 3(3) tada, which includes conspiracy to a certain extent, as well as of offences punishable under the indian penal code; the explosives act; the explosives substances act; and the arms act etc. thus, despite the fact that he himself had been involved in abetting the landing and transportation of contraband, he ..... offences under sections 3(3) and 6 of tada, sections 3 & 7 read with section 25(1-a)(1-b)(a) of arms act and section 201 ipc. without unnecessarily reiterating every aspect connected with decision arrived accordingly, in short it can be said that each of the said accused was found guilty ..... for offence under section 6 of tada, offences under sections 3 and 7 read with section 25(1-a)(1-b)(a) of arms act and section 201 ipc. in addition to same and having regard to fact that no explanation had come forward from a-79 that he was having knowledge of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-30-2013
..... : (a) clerk, govt. senior secondary school bhula rai along with complete service record of lovleen nijjar including character police verification through d.m.(b) clerk, market committee, phagwara regarding ownership/partnership of firm m/s atwal enterprises. (c ) munim of m/s atwal enterprises along with account books. vide impugned order dated 05.09.2013, the said application has been dismissed ..... .09.2013 are apparently against the settled principles of law. the petitioner wants to lead documentary evidence from the various sources mentioned hereinabove. in view of section 55 of the indian evidence act, evidence as to character of any person is relevant to assess the amount of damages which he ought to receive. in the present case, this court is of the ..... i attest to the accuracy and integrity of this document high court, chandigarh cr no.5550 of 2013 2 filed a claim petition under section 166 of the motor vehicles act, 1988 for grant of compensation to the tune of rs.1,20,00,00/- from the petitioner and respondents no.4 to 6. during the pendency of said petition, the .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Oct-03-2013
..... levy could not have been effected without going through a process laid down under law.3. the case of the plaintiff was that he was running a hotel business in partnership with two electricity connections a/c no.9750 and 9751. at the relevant time of inspection said to have been made on kamboj pankaj kumar 2013.10.08 12:02 ..... . the trial court judgment was upheld in the appellate court as well.5. learned counsel appearing on behalf of the appellant points out to me that section 39 of the indian electricity act, 1910 contains provision with reference to theft of energy and the manner of liability that would arise for such theft under section 44. the cause of action for the ..... court in ram chandra prasad sharma and others vs. state of bihar and another air1967sc349that dealt with a case of dishonest abstraction of energy under section 39 of the electricity act. the court was dealing with a criminal prosecution which had been levied against a consumer, who was attributed with an unlawful abstraction of energy. in that context, the court held .....Tag this Judgment!
Court : Mumbai Goa
Decided on : Jul-05-2013
..... costs plus 20% of the total expenditure. after calling for quotations, the plaintiff entrusted the work of wreck removal to the defendant no. 2, a partnership firm carrying on the business of undersea diving and salvage operations. for that an agreement dated 27/11/1989 was executed under which the defendant no. ..... mormugao port. there is also no doubt that the deputy conservator of port has no jurisdiction beyond the port area. under section 10(1) of the indian ports act, 1908, the conservator can remove or cause to be removed such obstruction. sub-section (2) of section 10 requires the owner to pay the expenses ..... port administration taking action by deploying a suitable salvage firm to execute the work entirely at the risk and cost of the plaintiff as per the indian ports act and port regulations and if that happens, then the said costs plus 20% of the total expenditure will be recovered from the owner of the ..... wreck was lying within the port area and that there was navigational hazard. it is submitted that chapter iii of the indian ports act, 1908 (the act, for short) deals with the appointment of the conservator and his powers. he submitted that in terms of section 10 of the said ..... of the removal thereof and it also provides for punishment for causing such obstruction without any lawful excuse. section 11 of the ports act provides of recovery of the expenses of removal from the owner. thus, it can be safely presumed that the deputy conservator of port would require .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-31-2013
..... sait tarajee khimchand (3 supra) relied upon by the learned counsel for appellants, the documents sought to be relied upon was a day book and a ledger maintained in a partnership firm and since these were private documents, the court held that unless they are proved by examining the author of the entries therein, they could not have been accepted in ..... . yelamarti satyam @ satteyya and ors.3 in this regard. he also contended that there is no evidence led by plaintiff as contemplated under section 50 of the indian evidence act, 1872 (for short ".the act".) for coming to a conclusion about the relationship of rajamallu with plaintiff and his alleged mother pedda narasamma. he contended that the lower appellate court failed to consider ..... the subject, is a relevant fact : provided that such opinion shall not be sufficient to prove a marriage in proceedings under the indian divorce act, 1869 (4 of 1869) or in prosecutions under sections 494, 495, 497 or 498 of the indian penal code (45 of 1860).".19. admittedly, the plaintiff was living away from the family of rajamallu and only defendant nos ..... finding in the judgment passed by the lower appellate court.18. the reliance by the learned counsel for the appellants on section 50 of the evidence act,1872 is also misplaced. section 50 of the act states : ".50. opinion or relationship, when relevant :-- when the court has to form an opinion as to the relationship of one person to another, the opinion .....Tag this Judgment!
Court : Delhi
Decided on : Jan-07-2013
..... a company incorporated in rfa(os) 20/2007 page 1 bangladesh and carries on the business of importing and exporting garments, yarn, etc. the third respondent was a sole proprietorship/partnership concern which was appointed as the indenting agent, by the plaintiff, for hosiery products in bangladesh. the plaintiff and the third respondent had agreed that business procured by the latter ..... second part of the article...."11. the bank therefore submitted that since the letter of credit is a contingent contract and falls within the ambit of section 31 of the indian contract act, 1872, therefore, any amendment made to the effect of its performance without fixing any specific date of its performance is not bad in law. further, the banker is under ..... letter of credit opened by the banker is not a contingent contract as held by the learned single judge. on the other hand, section 46 of the indian contract act, 1872 applies to the instant case. that provision reads as follows:"6. time for performance of promise, when no application is to be made and no time is specified ..... for the defendant is correct when he states that the letter of credit would be a contingent contract as rfa(os) 20/2007 pag 6. per section 31 of the indian contract act, 1872.25. i accordingly dismiss the suit against defendant no.1. i decree the suit against defendants 2 and 3 as prayed for. the plaintiff argues that the irrevocable .....Tag this Judgment!
Court : Delhi
Decided on : Oct-21-2013
..... or its spv, through auctions; (iii) in case the plaintiff through his sole efforts? brought any deal into defendant no.1, in that case a partnership or participation was offered to him in the form of shareholding, in the spv so that he was assured a minimum profit of rs. 5 crore. ..... ) the learned trial court has gone into detailed merits of this plea, and relying on section 118 of the negotiable instruments act and also section 114(c) of the indian evidence act has come to the conclusion that the cheque was duly signed and executed by the defendant and there is a presumption that it ..... given. mr. yadav submits that under the r.b.i. guidelines, no property could be purchased in india by a foreign national or a person of indian origin, in foreign currency. he submits that the conduct of defendant no.2 - in issuing the said cheque when, according to him, the plaintiff ..... of penalty, inasmuch as, the employer may have suffered a lesser damage or probably no damage. i may note that section 74 of the contract act provides for imposition of reasonable damages and the liquidated damages provided in the agreement are only the upper limit beyond which damages cannot be granted. 15 ..... of defendant no.1 allegedly owed to the plaintiff. mr. mittal submits that plaintiff has also initiated proceedings under section 138 of the negotiable instruments act in respect of the aforesaid dishonoured cheque. however, the defendant no.1 company has not been prosecuted in the said complaint and the said complaint .....Tag this Judgment!
Court : Kerala
Decided on : Nov-18-2013
..... to his wife and that mere entrusting of the property of the wife to the husband does not attract any of the essential ingredients of the partnership or constitute any co-ownership. it is also stated that this principle applies with equal force to all husbands and wives whether they are hindus, ..... position of a trustee so far as the ornaments and utensils entrusted to him by the wife are concerned and under s.10 of the indian limitation act there shall not be any limitation for such a suit by the wife against husband. of course, his lordship justice krishnamoorthy did not discuss ..... which only imports creation of an express trust".15. learned counsel appearing for the appellant contended that the provisions of indian trust act are applicable in this case. section 3 of the indian trust act defines "trust" as an obligation annexed to the ownership of property, and arising out of a confidence reposed in and ..... is called the "instrument of trust". from a plain reading of the above section, it is clear that a trust can be created under the indian law only after complying with the above statutory formalities. the position is different when, by the conduct of the parties, a trust is created due ..... iii- suits relating to declarations 58. to obtain any other declaration three years when the right to sue first accrues" art.58 of the limitation act specifies a period of limitation of three years for instituting a suit for a declaratory relief and this period shall be counted from the date of denial .....Tag this Judgment!
Court : Allahabad
Decided on : May-06-2013
..... in (1998) 5 scc 126, jagjit cotton textile mills vs. chief commercial superintendent, n.r. and ors. in the above case, a rule namely; indian railways conference association rules framed under indian railway act 1890 came for consideration. rule 161-a of the said rules provides for penalty for loading coal beyond the permissible capacity of wagons. the recovery of penal ..... in writ petition no.11168/2011, shall be sufficient for deciding all the writ petitions. brief facts of the case are:the petitioners are private limited proprietorship concern/partnership concern involved in the trading of coal and are importing coal from outside the state of u.p. through railway wagons. section 30 of the railways ..... scheme. the parliament enacted the railway's act, 1989 to consolidate and amend the law relating to railways. the indian railway's act, 1890 (hereinafter called the "act, 1890") governed the field prior to enactment of act, 1989. the other act relevant for the purpose is the indian railway board act, 1905. under section 2 of the indian railway board act, 1905, the central government invests the railway ..... object and purpose of prescribing progressively increasing rate is to release the rolling stock within the stipulated time to save economic loss to the railways. prescribing progressively increasing rates act as a deterrent to the consignee to immediately unload their goods from their rolling stocks or to remove their goods from wharfage. the immediate removal of goods from rolling .....Tag this Judgment!
Court : Kerala
Decided on : Jan-31-2013
..... -2013 judgment this second appeal is filed by a plaintiff in a suit for mandatory and prohibitory injunction who suffered a successive defeat. the plaintiff is a partnership firm engaged in the business of cable television network. the contention was that the plaintiff and defendants/southern railway, represented by the divisional manager etc. entered ..... upon by the learned counsel to fortify the decision that licensee is entitled to get a reasonable time as provided under sec. 63 of the indian easement act. the licensee has no interest in the property and that his right is only to do or continue to do something which would in the absence ..... right of operating the c.c. t.v. should not be auctioned at all by the railway administration.14. under sec. 64 of the easements act even if a licensee is a evicted, though grounds for revocation of license do not exist or that the licensee was forcibly evicted, his only remedy ..... paying some amounts as the clock room charges and he could have made a request for waiving the payment of the balance amount. no such positive act was there on the part of the plaintiff. he moved the court for getting restoration of the right given to him as per the original ..... not given one month time to remove the articles, that will not in any way clothe the licensor to occupy the premises or to continue the act as per the license agreement after the expiry of the license period. in the aforesaid decision, the point in dispute was whether the licensee can prescribe .....Tag this Judgment!