Skip to content


Judgment Search Results Home > Cases Phrase: partition act 1893 section 5 representation of parties under disability Year: 2015 Page 9 of about 107 results (0.390 seconds)

Mar 26 2015 (HC)

M/S Modelama Exports Ltd. Vs. Devendra N Kamat

Court : Delhi

Decided on : Mar-26-2015

..... trial court while observing that the accused in the four complaint cases under section 138 of the negotiable instruments act, 1881 are different and cheques in question are signed by different accused persons. with the consent of learned counsel for the parties, the above captioned four petitions were heard together and are being ..... would be overlapping. on the aspect of feasibility of holding a joint trial, pertinent observations of the apex court in sbi v. ranjan chemicals ltd., (2007) 1 scc97are as under: a joint trial is ordered when a court finds that the ordering of such a trial, would avoid separate overlapping evidence ..... of one year. in gulshan kumar ahuja v. veena sharma 107 (2003) dlt725 it has been held that there is no prohibition in the code of criminal procedure or the negotiable instruments act, 1881 against joint trial for two similar offences under section 138 of the negotiable instruments act, 1881. rather, on parity of reasoning ..... one year. to seek dismissal of these four petitions, reliance was placed by learned counsel for respondents upon decision in kershi pirozsha bhagvagar v. state of gujarat & anr. 2007 scc online guj. 268 and decision of a co-ordinate bench of this court in crl.m.c.646 ..... /2008 titled hitesh nagpal v. state & anr. rendered on 13th march, 2009. during the course of hearing, learned counsel for petitioner had submitted that as per petitioner s .....

Tag this Judgment!

Mar 26 2015 (HC)

M/S Modelama Exports Ltd. Vs. Rashid Khan

Court : Delhi

Decided on : Mar-26-2015

..... trial court while observing that the accused in the four complaint cases under section 138 of the negotiable instruments act, 1881 are different and cheques in question are signed by different accused persons. with the consent of learned counsel for the parties, the above captioned four petitions were heard together and are being ..... would be overlapping. on the aspect of feasibility of holding a joint trial, pertinent observations of the apex court in sbi v. ranjan chemicals ltd., (2007) 1 scc97are as under: a joint trial is ordered when a court finds that the ordering of such a trial, would avoid separate overlapping evidence ..... of one year. in gulshan kumar ahuja v. veena sharma 107 (2003) dlt725 it has been held that there is no prohibition in the code of criminal procedure or the negotiable instruments act, 1881 against joint trial for two similar offences under section 138 of the negotiable instruments act, 1881. rather, on parity of reasoning ..... one year. to seek dismissal of these four petitions, reliance was placed by learned counsel for respondents upon decision in kershi pirozsha bhagvagar v. state of gujarat & anr. 2007 scc online guj. 268 and decision of a co-ordinate bench of this court in crl.m.c.646 ..... /2008 titled hitesh nagpal v. state & anr. rendered on 13th march, 2009. during the course of hearing, learned counsel for petitioner had submitted that as per petitioner s .....

Tag this Judgment!

Mar 26 2015 (HC)

M/S Modelama Exports Ltd. Vs. Balchandra S Bakhle

Court : Delhi

Decided on : Mar-26-2015

..... trial court while observing that the accused in the four complaint cases under section 138 of the negotiable instruments act, 1881 are different and cheques in question are signed by different accused persons. with the consent of learned counsel for the parties, the above captioned four petitions were heard together and are being ..... would be overlapping. on the aspect of feasibility of holding a joint trial, pertinent observations of the apex court in sbi v. ranjan chemicals ltd., (2007) 1 scc97are as under: a joint trial is ordered when a court finds that the ordering of such a trial, would avoid separate overlapping evidence ..... of one year. in gulshan kumar ahuja v. veena sharma 107 (2003) dlt725 it has been held that there is no prohibition in the code of criminal procedure or the negotiable instruments act, 1881 against joint trial for two similar offences under section 138 of the negotiable instruments act, 1881. rather, on parity of reasoning ..... one year. to seek dismissal of these four petitions, reliance was placed by learned counsel for respondents upon decision in kershi pirozsha bhagvagar v. state of gujarat & anr. 2007 scc online guj. 268 and decision of a co-ordinate bench of this court in crl.m.c.646 ..... /2008 titled hitesh nagpal v. state & anr. rendered on 13th march, 2009. during the course of hearing, learned counsel for petitioner had submitted that as per petitioner s .....

Tag this Judgment!

Mar 26 2015 (HC)

M/S Modelama Exports Ltd. Vs. Trimurti Exports and Ors.

Court : Delhi

Decided on : Mar-26-2015

..... trial court while observing that the accused in the four complaint cases under section 138 of the negotiable instruments act, 1881 are different and cheques in question are signed by different accused persons. with the consent of learned counsel for the parties, the above captioned four petitions were heard together and are being ..... would be overlapping. on the aspect of feasibility of holding a joint trial, pertinent observations of the apex court in sbi v. ranjan chemicals ltd., (2007) 1 scc97are as under: a joint trial is ordered when a court finds that the ordering of such a trial, would avoid separate overlapping evidence ..... of one year. in gulshan kumar ahuja v. veena sharma 107 (2003) dlt725 it has been held that there is no prohibition in the code of criminal procedure or the negotiable instruments act, 1881 against joint trial for two similar offences under section 138 of the negotiable instruments act, 1881. rather, on parity of reasoning ..... one year. to seek dismissal of these four petitions, reliance was placed by learned counsel for respondents upon decision in kershi pirozsha bhagvagar v. state of gujarat & anr. 2007 scc online guj. 268 and decision of a co-ordinate bench of this court in crl.m.c.646 ..... /2008 titled hitesh nagpal v. state & anr. rendered on 13th march, 2009. during the course of hearing, learned counsel for petitioner had submitted that as per petitioner s .....

Tag this Judgment!

Jul 09 2015 (HC)

Susamma Luke Vs. Corporation of Kollam

Court : Kerala

Decided on : Jul-09-2015

..... .2013 directing her to demolish the compound wall constructed over the drainage, within a period of 7 days, failing which the municipality will demolish the same, under section 538 (a) of the municipalities act.5. as against the said order the petitioner had filed an appeal ext.p13 before the tribunal for local self government institutions, thiruvananthapuram. the tribunal, after considering the ..... as per ext.p10 requesting her to demolish the existing compound wall allowing free flow of water after leaving the drainage outside the compound wall. the petitioner continued to furnish representations and the corporation also continued to issue notices. in response to ext.p10, the petitioner furnished reply ext.p11 and the corporation issued ext.p12 notice dated 06.05 ..... tribunal relegated the matter to the secretary of the panchayat and therefore allowed the appeal setting aside the notice. it was directed to pass fresh orders after hearing all the parties.7. ext.p17 order was issued thereafter directing demolition of the compound wall over the private drainage.8. in the statement filed by the corporation in this writ petition, ..... p1 sale deed, on the strength of the following recitals in the sale deed: "the board doth hereby convey transfer and assign by way of absolute sale into the party of the second part, all that piece of land, hereditaments and premises more particularly mentioned and described in the schedule annexed hereto together with all water drainage and electric connections .....

Tag this Judgment!

Dec 01 2015 (HC)

Kiran Arora Vs. The Registrar Co-Operative Societies and Another

Court : Delhi

Decided on : Dec-01-2015

..... meetings by the petitioner. 6. in these circumstances, the petitioner was compelled to raise a claim before the registrar of cooperative societies which was referred to arbitration under section 70 of the delhi cooperative societies act. it appears that the society took a stand that it was supporting the membership of the petitioner and that she had not submitted the required documents. consequently ..... the petitioner to file a fresh petition. 7. as this also did not culminate in a favourable order, the petitioner sought adjudication afresh by way of petition under section 70 of the delhi cooperative societies act, 2003 filed on 11th september, 2008 seeking a direction to the society to inform her about the requisite documentation and formalities. this was disposed of on 10th ..... circumstances prevailing, the committee shall decide as to the person who in its opinion is the heir or the legal representative of the deceased member and proceed to take action under section 26, subject to any appeal which may be filed to the registrar by any person claiming the share, or interest of deceased member within 30 days of the decision of ..... nine hundred) against the cost of the flat to be allotted against the share certificate apart from the payment of other ancillary charges against various demands raised by the society. 5. on 6th january, 1999, the petitioner was informed by the society that a category cflat stood allotted to her and was asked to deposit certain documents vide a communication dated .....

Tag this Judgment!

Aug 14 2015 (HC)

Hage Kobing Vs. The State of Arunachal Pradesh, Represented by the Chi ...

Court : Guwahati

Decided on : Aug-14-2015

..... of the proper written notice from the requisite numbers of zpms to move no confidence against the chairperson of the zilla parishad as provided under section 63 of the act, the member secretary of the zilla parishad becomes empowered to convene the meeting to take up the said motion of no confidence. 25 ..... 19) for a motion of no-confidence against chairperson of zilla parishad as provided under section 95 of the 1997 act provisions of section 63 of the said act is required to be followed. as per section 63 of the act for moving a motion of no-confidence against the chairperson of the zilla parishad, it ..... pertin, learned counsel on behalf of the private respondent nos. 8 to 17, the ten zpms who submitted the written notice under section 63(1) of the 1997 act before the member secretary of the zilla parishad on 10.07.2015 stated that the applicants have the majority of two- third of ..... 3) a group of 10 (ten) zpms of lower subansiri district on 10-07-2015 served a written notice under section 63 (1) of the arunachal pradesh panchayat raj act 1997 on the member secretary of the said zilla parishad with the intention to move no confidence motion against the petitioner ..... v of the 1997 act, contains sections 85 to 103 and it deals with provisions of zilla parishad. section 95 of the act deals with motion of no-confidence with regard to zilla parishad and it reads as 95. motion of no-confidence a motion of no-confidence shall be moved and decided in the same manner as provided under section .....

Tag this Judgment!

Jan 30 2015 (HC)

V.Kumar Vs. The Deputy Collector

Court : Chennai

Decided on : Jan-30-2015

..... authorised the panchayats, including the appellant, to levy, collect and appropriate taxes, duties, tolls and fees in accordance with the procedure and subject to limits as prescribed under the tamil nadu panchayats act, 1994.11. section 171 relates to taxes leviable by village panchayat, relevant portion of which reads as follows :- 171. taxes leviable by village panchayats. -- (1) every village panchayat shall levy ..... able to acquire the status and dignity of viable and responsive people's bodies due to a number of reasons, including the absence of regular elections, prolonged supersessions, insufficient representation of weaker sections like the scheduled caste, scheduled tribe and women, inadequate devolution of powers and lack of financial resources (emphasis added). it was in this background, by 73rd amendment a ..... extent and collection of funds and, thereby, exemption cannot be refused on the ground that the panchayat will be losing revenue.7. we have heard the learned counsel for the parties and perused the records.8. it came to the notice of the parliamentarians that though panchayati raj institutions have been in existence since long but those institutions have not been ..... in, or excluded from the panchayat village during any half-year or year, shall be liable or cease to be liable to the whole or any portion of the tax. (5) if the occupier of a house pays the house-tax on behalf of the owner thereof, such occupier shall be entitled to recover the same from the owner and may .....

Tag this Judgment!

Apr 09 2015 (HC)

Sicpa India Pvt. Ltd. Vs. Union of India

Court : Kolkata

Decided on : Apr-09-2015

..... the assessee relating to undue hardship and also to stipulate condition as required to safeguard the interest of revenue. (14) i have considered the rival contentions of the parties. (15) under chapter v of the finance act, 1994, taxable service means service provided or to be provided to any person by the holder of intellectual property right, in relation to intellectual property service. intellectual ..... case, the technology right in to manufacture of security printing inks is not registered in india and the same, therefore, prima facie will not be covered under section 65 (105) (zzr) of chapter v of the finance act, 1994. as such, prima facie, service tax liability will not be attracted to the transfer of the said technical know-how by the swiss company to ..... service. thus, there would not be any service tax on permanent transfer of iprs.9.3 in case a transfer or use of an ipr attracts cess under section 3 of the research and development cess act, 1986, the cess amount so paid would be deductible from the total service tax payable (refer notification no.17/2004-s.t., dated 10-9-2004 ..... petitioner challenged the aforesaid order of the commissioner before the cestat by way of an appeal. the petitioner also filed an application under section 35f of the central excise act, 1944 as applicable to service tax under section 83 of chapter v of the finance act, 1994 for stay of operation of the commissioner s order and for waiver of the pre-deposit of service tax amounting .....

Tag this Judgment!

Apr 07 2015 (HC)

P.T.Mathai Vs. The South Indian Bank Ltd.

Court : Kerala

Decided on : Apr-07-2015

..... finds that the drt had no jurisdiction to pass ext.p14 order inasmuch as the order was passed in excess of the jurisdiction conferred on the presiding officer under section 19 of the rddbfi act. the appellate tribunal finds that, in an o.a filed by the bank, the presiding officer of the drt was only to determine the debt and then leave ..... , chennai [air2012mad 111], i note that a division bench of the gujarat high court in lalitkumar jivabhai thakkar v. sbi [air2010guj. 4] interpreted the expression "ends of justice" used in section 19 (25) of the rddbfi act as meaning: "not only justice to the parties but also to witnesses and others which may be inconvenienced. tribunal is empowered to make such orders and give ..... had been passed without any jurisdiction. the appellate tribunal opined that the presiding officer of the drt had exceeded his jurisdiction and traversed section 25 of the rddbfi act and had usurped the powers of the recovery officer under the rddbfi act. it was found that the drt could only pass a single final order that determined the liability of persons who are arrayed ..... such orders and issue such directions so that the process of the tribunal be not abused." 14. in the light of the said interpretation with regard to its powers under the rddbfi act, ext.p14 order of the drt, that permitted the petitioners to redeem item 12 property, which was a tarwad property of sentimental value to the petitioners, by paying an .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //