Court : Chennai
Decided on : Dec-05-2002
Reported in : (2003)1MLJ253
..... be entitled to commence an action for damages against the tortfeasors. amongst these cases are p.b. kader vs . thatchamma and dewan hari chand v. municipal corporation of delhi, (1973) acj 87 del. the second group of cases are those referred to in paragraph 6 of the decision of the gujarat high ..... paragraph 7 of the judgement of the gujarat high court. they are mohammed habibullah v. k. seethammal, 1966 acj 349 mad, veena kumari kohili v. punjab roadways, 1967 acj 297 (p&h;) and ishwar devi malik v. union of india, 1968 acj 141 del , which take the view that a ..... claimable not only for the loss to the estate but also loss of benefit to the dependants as contemplated under section 1a of the fatal accidents act. the term 'legal representative', therefore, should necessarily include not only persons who represent the estate of the deceased (who can claim loss to the ..... (1974) acj 182, wherein the division bench of this court had dealt with the definition of 'legal representative' under section 110a of the motor vehicles act, 1939 and also the definition available under section 2(11) of cpc in extenso and under section 111a of the motor accidents claims tribunal rules, 1961. ..... who have not so joined, shall be impleaded as respondents to the application.' the expression 'legal representative' has not been defined under the motor vehicles act, 1939. but section 2(c) of the madras motor accidents claims tribunal rules 1961, states that, the term 'legal representatives' occurring in section 110a .....Tag this Judgment!
Court : Delhi
Decided on : Apr-23-2002
Reported in : 2002VIIAD(Delhi)644; 99(2002)DLT696; 2002(63)DRJ580
..... urbanized might affect the status of the land located therein. accordingly, the lands situated in village bamnolli, irrespective of issuance of the notification under section 507 of the delhi municipal corporation act, 1957 would continue to remain agricultural land and will not affect its status. consequently, it cannot have any effect on the on-going process of consolidation, which is ..... the purpose of better cultivation of lands herein and in exercise f the powers conferred by sub-section (1) of section 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 (east punjab act no. 50 of 1948) as extended to the union territory of delhi, the ltd. governor of the national capital territory of delhi is pleased ..... kalan, delhi and hold bhoomidari rights in respect of agricultural land. they are said to be members of the gaon sabha of the said village. 3. east punjab holdings (consolidation and prevention of fragmentation) act, 1948 was enacted to provide for the compulsory consolidation of agricultural holdings and for presenting fragmentation of agricultural holdings in the state of ..... punjab and for assignment or reservation of land for common purposes of the village. 4. the said act was extended to the union territory of delhi by an appropriate notification on or about 18 december 1951. the delhi holdings .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-13-2002
Reported in : AIR2002SC3341; 2002(3)BLJR2387; [2002(3)JCR221(SC)]; JT2002(7)SC296; 2002(6)SCALE564; (2002)7SCC614; SUPP2SCR403
..... tenancy; (ii)such estoppel continues to operate solong as the tenancy continues andunless the tenant has surrenderedpossession to the landlord; and (iii)section 116 of the evidence act is notthe whole law of estoppel between thelandlord and tenant. the principlesemerging from section 116 can beextended in their application and alsosuitably adapted to suit therequirement of an ..... which revision has been allowed by thelearned single judge forming an opinion that a triableissue within the meaning of sub-section (4) and (5) ofsection 14 of the act did arise on the pleadings of theparties and, therefore, the leave to defend deserves to begranted to the respondent-tenant.5. the pleadings, affidavits and the documentsavailable ..... self occupation and therespondent being a defaulter in payment of rent.3. the respondent-tenant sought for leave to defendunder sub-section (4) of section 14 of the act denying thelandlord-tenant relationship and submitting that the suitproperty was owned by one r.n. chakraborty, whose titleon his death had devolved upon his son, dr. rajatchakraborty ..... leave granted.2. the appellant, a widow and having undergone akidney transplant, initiated an eviction petition undersection 14 of the bihar buildings (lease rend and eviction) control act, 1982 (hereinafter 'the act', forshort). according to the appellant, the respondent anemployee of the appellant, was inducted into possession ofthe premises under an agreement of lease dated 10thfebruary, 1997. the grounds .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-13-2002
Reported in : 2003(151)ELT21(SC); JT2002(10)SC555; (2003)11SCC346
..... the chapter 72 or chapter 73 of the said schedule or which the duty of excise leviable under the said schedule or the additional duty leviable under the customs tariff act, 1975 (51 of 1975), as the case may be, has already been paid: provided further that no credit of the duty paid on the inputs has been taken under rule ..... annexed (such goods being hereinafter referred to as 'final products') and falling within chapter 72, chapter 73 or heading no. 84.54 of the schedule to the central excise tariff act, 1985 (5 of 1986), from the whole of the duty of excise leviable thereon which is specified in the said schedule: provided that such final products are made from any ..... quantity of clearances made in a financial year) issued under sub-rule (1) of rule 8 of the said rules of sub-section (1) of section 5 of the said act, shall not be taken into account.' 2. thus, for the purposes of computing the aggregate value of clearances, the only goods which are not to be taken into account are .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-13-2002
Reported in : JT2002(10)SC534
ordercivil appeal arising out of slp (c) no. 19277/02 1. impleadment allowed. 2. leave granted. 3. this appeal by state of tamil nadu is directed against the impugned judgment dated 25th of september, 2002 of the high court of madras. on the change of licensing system of retail vending of indian made foreign liquor (imfl), writ petitions were filed in the high court of madras, 1500 in all by the existing licence-holders, assailing the legality of the change of the policy and bringing out the system of grant of exclusive privilege by a fresh lot. the high court of madras came to the conclusion that the revised excise policy is unreasonable and arbitrary and has no nexus with the object of augmentation of the excise revenue. the high court finally disposed of the writ petitions with certain directions and at present, we are concerned with the direction contained in clause (iii) to the effect 'the above facility of renewal to the petitioners shall be made available if the petitioners remit the requisite amounts on or before 31st of july, 2002.' 4. against the aforesaid judgment of the madras high court, the state came up in appeal to this court and the batch of special leave petitions was disposed of by us vide judgment dated 26th of august, 2002. while upholding the judgment of the madras high court with some modification in respect of some of the directions, it was also stated - 'it is also made clear that the facility of the renewal would be available to those of the existing .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-23-2002
Reported in : JT2002(10)SC551
..... . incidentally, the high court has also in paragraph 4 of the judgment recorded its disagreement with the prosecution case as regards the applicability of section 3 of the explosive substances act. we do feel it expedient to record our concurrence therewith as well by reason of the fact that the injuries on the person were superficial in nature and could not ..... 3 of the explosive substances act and sentenced them to undergo life imprisonment for the first offence and further orders of imprisonment for various periods though the sentences were directed to run concurrently. 4. being aggrieved ..... in appeal against the judgment of the learned sessions judge being tried under sections 302 and 201 of the indian penal code and under section 3 of the explosive substances act. 3. the learned sessions judge, as noticed above, found the above noted persons guilty of offences under sections 302 and 201 of the indian penal code as also under section .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-31-2002
Reported in : AIR2003P& H29
..... is on more than 1000 square yards. they have not partitioned that house. the house is still in the name of h.c. malik in the municipal record. he was not able to tell the salary of shanti devi in 1948 nor was he able to tell the emoluments she was getting in the ..... .c. malik did not raise any objection. they had cordial relations with the other members of the family. his father h.c. malik was with the punjab agriculture department. shanti devi was employed as teacher in girls high school, sirsa. his father married her. agricultural land held by the joint hindu family at ..... officer, chandigarh for obtaining occupation certificate. no inference can be drawn from the letter ex.p-4 because it is common knowledge that husbands sometimes do act for their wives.31. learned counsel for the appellant submitted that varinder kumar malik appeared as witness pw-1 and stated thus;'my grand father constituted ..... was the real owner of these properties, smt. shanti devi has to be treated as the real owner of the properties because of the benami transactions (prohibition) act, 1988. it was found that defendants no. 2 and 3 have become owners of the property i.e. house no. 8, sector 11-a, chandigarh ..... of the property. plaintiffs have no right to recover the property purchased by their father benami in the name of the defendant as benami transaction (prohibition) act, 1988 has ceased to operate and now benami owner shall be viewed as real owner and the real owner cannot question the character of the title .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-29-2002
Reported in : AIR2002SC3088; 2002(2)ALD(Cri)560; 2002CriLJ4295; 2002(4)Crimes122(SC); 99(2002)DLT480(SC); 2002(65)DRJ158; JT2002(6)SC325; 2003(1)KLT653(SC); 2002(6)SCALE147; (2002)7SCC22
..... high court, and following the earlier decisions of this court reported in n. sukumaran nair v. food inspector, mavelikara : 1995crilj3651 and santosh kumar v. municipal corporation and anr. : 2000crilj2777 , more so when the counsel appearing for the state in the high court conceded to the fact that the case on hand ..... may, without the consent of the person sentenced, commute, among other things enumerated therein, a sentence of simple imprisonment for fine. this court in state of punjab v. kesar singh (supra), though while considering clause (b) of the very provision has observed as follows : 'the mandate of section 433. cr.p. ..... jurisdictional or other error of any kind was also found in the sentence imposed. placing reliance upon a decision of this court reported in state of punjab v. kesar singh : 1996crilj3586 , it has been urged that the power under section 433 cr.p.c. has to be exercised by the state ..... new delhi and all over other places in the country are said to be causing severe impediment in the effective enforcement of the provisions of the act to curb the social evil, having further wide ramifications on the society. shri ranjit kumar, learned senior counsel, appearing for the respondent with equal ..... offence under section 16 read with section 7 for the violation of section 2(ia)(a), (j) of the prevention of good adulteration act, 1954 (hereinafter referred to as 'the act') by the metropolitan magistrate, new delhi, on 9.5.2000 in case no. 42 of 1994. thereupon, on 12.5.2000 .....Tag this Judgment!
Court : Kerala
Decided on : May-30-2002
Reported in : 129STC389(Ker)
..... has got to be accepted.'in hindustan lever ltd. v. municipal corporation of greater bombay : 3scr807 while considering a property tax matter it was held that in the case of a taxing provision 'an ..... constitution of india.' reference is also made in the said decision to the apex court judgment in video electronics put. ltd. v. state of punjab  77 stc 82. it was further held as follows :'power of the union or state to exercise legitimate regulatory control is independent of ..... infra vires the constitutional provisions mentioned above. it needs no elaborate discussion to also hold that it is intra vires section 10 of the kgst act since under the said provision the government is competent to issue a notification in the matter of tax concession or exemption.7. the legislative ..... violative of article 301 of the constitution of india. counsel submitted subjecting the petitioner to levy of sales tax under the kerala general sales tax act while granting exemption to identical poultry farmers in the state of kerala is highly discriminatory violating the guarantee of article 304(a) of the ..... tax, west bengal ii v. naga hills tea co. ltd. : 89itr236(sc) , the supreme court while construing the provisions of the finance act, 1959 observed as follows :'if a provision of a taxing statute can be reasonably interpreted in two ways, that interpretation which is favourable to the assessee, .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-17-2002
Reported in : (2002)3GLR744
..... the land which was declared as surplus land bearing survey no. 71 of village mava. mr. nanavati also relied on a judgment in case of rajkot municipal corporation v. lavjibhai m. patel, reported in 2000 (3) glr 2293 to show that if the possession of the land in question is not taken over ..... of t.n. state housing board v. a. vishwam, reported at 1996 (8) scc 259 and in the case of balmukund khatri v. state of punjab, reported at 1996 (4) scc 212 has also observed that it is now well settled legal position that it is difficult to take the physical possession of ..... therefore, when in the present case, the possession is taken over in the presence of the panchas by drawing the panchnama and when it is also acted upon by initiating the proceedings against the petitioner for encroachment and unauthorised construction, it cannot be said that the possession is not taken over lawfully. as ..... not taken in accordance with law, and therefore, this court should ignore the fact of taking possession and the petitioner be granted the benefit of repeal act. the contention, prima facie appears to be attractive, but upon detailed scrutiny, it transpires that the facts remains that the possession is already taken over ..... also relied upon the judgment of the apex court in case of yara singh v. state of punjab, reported in 2000 (3) clt 274 to show that the scope and ambit of the corrigendum under section 45 of the act. 11. mr. nanavati also submitted that in any case, from the documentary evidence produced by .....Tag this Judgment!