Reported in : 2007(II)OLR39
.....of demand of dowry, the case could be considered for the offence under section 304b, i.p.c. if there is some evidence to support such a charge. in fact, on the facts and circumstances of the case, the trial court should not have avoided to frame charge under section 304b, i.p.c.6. evidence available on record are sharply divided. the witnesses from the village of the accused persons have declined to support the prosecution either on the allegation of ill-treatment or cruelty or on the allegation of homicidal death of the deceased. on the other hand, the above noted witnesses, who are closely related to the deceased from her paternal side, have made statements about ill-treatment and cruelty on account of non-payment of 'puani saja'. learned sessions judge found some contradictions in respect of the demand and payment of 'puani saja' in instalments, the period which the deceased spent in her parents' house on her visits on couple of occasions. trial court thus disbelieved the prosecution case by entertaining doubt on the truthfulness of such witnesses. after going through the evidence on record, we find that all such witnesses have made general allegations of ill-treatment and.....
Tag this Judgment! Ask ChatGPTReported in : 104(2007)CLT297
.....of necessary parties. he further contends that the courts below rightly ignored ext. b as it was an unregistered document and was hit under section 17 of the registration act.7. the plaintiff-respondent's case was that ext. 1 is a deed of usufructuary mortgage, whereas the plea of the defendant was that it is a document for outright sale of the suit property. to resolve the controversy it would be profitable at the out set to recount the salient contents of ext. 1. in ext. 1 it has been clearly noted that the plaintiff and his sons borrowed rs. 1,350/- from the defendant and delivered possession of the suit land to the defendant with an understanding that on completion of one year if they would repay the loan amount then the defendant would re-convey the suit land to them by means of another document. it is also stipulated that if on completion of one year they would not be able to repay the amount, then the suit land would become the absolute property of the defendant and he would become owner thereof. section 58 of the transfer of property act defines the 'mortgage by conditional sale' 'usufructuary mortgage' and 'english mortgage' as follows:mortgage by conditional.....
Tag this Judgment! Ask ChatGPTReported in : (2007)147PLR25
.....to be evicted for non payment of arrears of rent. it was also the case of the landlord-petitioner that the tenanted premises was let out for the manufacturing and sale of patasha, gachak and roaries of sugar, but the tenant has started the business of general merchandise without the consent of the petitioner-landlord and thus, changed the user of the premises.3. in the written statement, the tenant took up a stand that initially the shop measuring 10' x 10' was taken on rent in the year 1969 and in the year 1975 he vacated half of the portion of the shop and rent of the remaining portion was settled at rs. 25/- per month. the tenant denied that the rent was enhanced @ rs. 340/- per month w.e.f. 1.4.1981. he also pleaded that the shop in dispute was taken on rent not only for the purpose of manufacturing patasha, gachak and roaries of sugar, but for running the business of confectionery. the tenant also tendered arrears of rent alongwith interest and costs on 23.9.1983 i.e. before framing of issues.4. the learned rent controller allowed the petition only on the ground that the rate of rent was rs. 340/- per month and the tender made @ rs. 90/- per month is invalid. in respect of.....
Tag this Judgment! Ask ChatGPTReported in : (2007)147PLR104
.....he had no other option but to knock the door of this court for securing a decree prayed for by him in the civil suit.2. briefly stated the facts of the case are that appellant was appointed as a clerk in september, 1972. vide order dated 19.2.1978 he was charge-sheeted by deputy commissioner, faridkot on the allegations that he had allegedly prepared false records while he was posted as clerk in the said office and thus misappropriated a sum of rs. 33,363/-which pertains to the government and he withdrew that amount from the head 230 non judicial stamp papers and converted that amount to his own use. departmental inquiry was conducted against him. he was removed from service through the impugned orders. he challenged the order of removal from service passed by deputy commissioner, faridkot dated 18.4.1984 as also the order passed by the commissioner, ferozepur division ferozepur, by virtue of which his appeal was dismissed. he had also preferred a review petition, but the same was also dismissed by the financial commissioner, revenue, punjab vide order dated 20.7.1988. all these orders were challenged by him by filing a civil suit for declaration to the effect that the.....
Tag this Judgment! Ask ChatGPTReported in : (2007)4PLR229
.....allottee and a copy thereof was pasted at the booth in question. it was stipulated therein that the allottee as well as all other persons who may be in occupation of booth no. 29 mauli jagran complex, chandigarh should appear on 8.11.2005 before the s.d.m. to show-cause as to why an order of eviction may not be passed. in pursuance to the notice, the allottee had appeared. if the petitioner was a tenant, it will be presumed that he must have come to know about the proceedings in view of the fact a copy of the notice was pasted on the booth in question. however, he has failed to establish by cogent evidence on record that he was the occupier of the demised premises. in this view of the matter, we do not find any infirmity in the impugned notice as well as the orders.therefore, this petition, being devoid of any merit, is dismissed.
Tag this Judgment! Ask ChatGPTReported in : (2007)4PLR286
.....the house along with the proportionate land and means of ingress be released from acquisition. plea for release was taken on the basis of the fact that actual physical possession of the land had not been taken. on 27.10.1999 the house of the petitioner was sealed in her absence and the letter dated 26.10.1999 was left at the door asking the petitioner to vacate the land which was allegedly under illegal occupation. the petitioner has asserted that the letter failed to take note of the earlier order dated 21.1.1998. after sealing of this house, the petitioner and her family were suddenly without a house and infact, no notice giving the petitioner any reasonable time for filing a representation was served upon her. the petitioner had no other option but to file a writ petition on 18.11.1999 for quashing of the order and at that point of time, it came to light that no award had been passed. it is further pointed out that the petitioner was all along led to believe that the land and house stood acquired vide award nos. 469 and 477 dated 9.11.1992 and 23.3.1993 respectively. it only later came to light that award no. 469 was for land and award 477 was not connected with the.....
Tag this Judgment! Ask ChatGPTReported in : 2008CriLJ602
.....has filed the present revision pleading that no offence under sections 304 and 325, , i.p.c. would be made out against him considering the facts of the case.3. notice in this case was issued and the counsel are heard.4. mr. t.s. sangha, the counsel appearing for the petitioner would say that this is a case of accident, where no intention or knowledge can be attributed to the petitioner for causing death of kapil or injury to indesh kumar, who statedly was occupant of the truck to attract the provisions of sections 304 and 325, i.p.c. respectively. the counsel says that the order framing the charge would call for interference as the offences under sections 304a and 337, i.p.c. alone are revealed in this case.5. state counsel, on the other hand, would urge that the facts, as revealed, would justify framing of a charge under section 304, i.p.c. as the petitioner has acted in a manner that he can be attributed with the knowledge to cause death revealing an offence under section 304, i.p.c.6. the facts, as mentioned in the fir, are noticed in detail above. this may not appear to be a case of only rash or negligent driving. exact view in this regard would ultimately be formed.....
Tag this Judgment! Ask ChatGPTReported in : [2008]302ITR161(P& H)
.....the common questions of law, which have arisen in these references are as under:1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in deleting the disallowance made representing value of perquisite of concessional rate of interest charged on borrowings from managing director (rs. 29.610) and meeting fees (rs. 2,400) which are clearly hit by the proviso to section 40a(5)/40a(6) of the income-tax act, 1961?2. whether, on the facts and in the circumstances of the case and keeping in view the provisions of section 40(c)(a) of the income-tax act, 1961, the income-tax appellate tribunal is right in law in holding that the amount of rs. 2,400 being the director's meeting fee over and above the total emoluments of the director amounting to rs. 72,000 is allowable?3. in order to put the controversy in proper perspective, the facts are being stated from i.t.r. no. 64 of 1992. as per the statement of the case, the assessee is a private limited company dealing in manufacture and sale of electrical accessories and porcelain fuse units. for the assessment year 1979-80, the assessee.....
Tag this Judgment! Ask ChatGPTReported in : [2007(3)JCR215(SC)]; JT2007(6)SC574; 2007(7)SCALE32; (2007)9SCC266; 2007[7]STR106; (2007)7VST317(SC); 2007AIRSCW3549
.....valid. in the matter of gannon dunkerley & co. (1993) 88 stc 204 the supreme court observed that as sub-section (3) of section 5 and sub-rule (2) of rule 29 of the rajasthan sales tax act and the rules were not providing for particular deductions, the same were invalid. in the present matter the constitutional provision of law says that particular deductions would be provided but unfortunately nothing is provided in relation to the other charges either in section 21 itself or in the rules framed in exercise of the powers conferred by section 58 of the bihar finance act..in our considered opinion sub-clause (i) of clause (a) of section 21(1) read with rule 13a of the rules did not make sub-clause (1) fully workable because the manner and extent of deduction relating to any other charges has not been provided prescribed by the state.12. we fully agree with the view taken by the patna high court in the aforesaid decision. it is not merely the labour charges which are deductible from the value of the works contract, but all other charges/amounts also, except the value of the goods sold in execution of the works contract. this is because only the value of the goods sold.....
Tag this Judgment! Ask ChatGPTReported in : AIR2007SC2056; (2007)2GLR2234; 2007(7)SCALE21; (2007)5SCC360
.....for the appellants, however, is that the superior courts should exercise a wider power of judicial review in respect of such a matter in view of the fact that the legislative power of the parliament under article 341(2) of the constitution of india is of special nature and not plenary. we do not agree. list prepared by the president under article 341(1) of the constitution of india forms one class of homogeneous group. only one list is to be prepared by the president and if any amendment thereto is to be made, the same is to be done by the parliament. even the state does not have any legislative competence to alter the same.7. the question came up for consideration before a constitution bench of this court in e.v. chinnaiah v. state of andhra pradesh : air2005sc162 wherein it was held:13. we will first consider the effect of article 341 of the constitution and examine whether the state could, in the guise of providing reservation for the weaker of the weakest, tinker with the presidential list by subdividing the castes mentioned in the presidential list into different groups. article 341 which is found in part xvi of the constitution refers to special provisions relating to.....
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