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Aswini Kumar Banerjee Vs. State and ors.

Court : Kolkata

Subject : Criminal

Reported in : 1972CriLJ1505

Lord Summer in the case of Quebec Railway Light Heat and Power Co Ltd v. Vandry reported in AIR 1920 PC 181 at page 186 thatEffect, must be given if possible to all the words used, for … West Bengal (Prevention of Violent Activities) Act, 1970, it shall be in force for three months only from the date of detention, unless on a … detention. Mr. Dutt next contended that he is conscious of the line of decisions under the Preventive Detention Act, 1950, referred to by Mr. Acharya but the said decisions have tried to read more into the provisions of … N.C. Talukdar, J.1. This Rule was issued on an application under Section 491 of the Code of Criminal Procedure, praying for a writ and/or

Gosa Vs. Mayden

Court : US Supreme Court

Subject : Land Acquisition

In No. 71-6314, petitioner was tried by court-martial and convicted of rape. His conviction was affirmed by the Air Force Board of Review, and the Court of Military Appeals denied a petition for review. At no time during … Code of Military Justice. The case is somewhat unlike McClaughry v. Deming, 186 U. S. 49 , where a court-martial was constituted of officers of … question in O'Callahan was the appropriateness of the exercise of jurisdiction by a military forum, pursuant to an Act of Congress, over a nonservice-connected offense when balanced against the guarantees of the Fifth and Sixth Amendments. Pp.

Property Owners Association Vs. State Of Maharashtra .

Court : Supreme Court of India

Subject : Land Acquisition

for public purpose, and shall include the following purposes, namely:- (a) for strategic purposes relating to naval, military, air force, and armed forces of the Union, including central paramilitary forces or any work vital to national security or … West Bengal vs. Anwar Ali Sarkar, AIR1952SC75(“Anwar Ali Sarkar”), this Court struck down the West Bengal Special Courts Act, 1950, holding that it violated Article 14 of the Constitution. Vivian Bose J.in a separate judgment stated that provisions … said amendment, Civil Appeal No.1012 of 2002 Etc. Page 5 of 139 Section - 1A was also inserted in that Act and it contains a … a local authority, or a society registered under the Societies Registration Act, 1860 (21 of 1860), or under any corresponding law for the time being

G.S.R. Krishnamurthi Vs. M. Govindaswamy, Income-tax Officer

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 72(3), 132, 132(4), 136, 139, 142, 143, 148, 269A, 269F, 269-I, 269P(1), 269S, 269AB, 271, 271(1), 271(4A), 273A, 275A, 276, 276A, 276B, 276C, 276C(1), 276D, 276E, 276AA, 276CC, 276DD, 277, 278, 278A, 278C, 279, 279(1) and 279(1A); Indian Penal Code (IPC), 1860 - 34, 37, 109, 120B, 193, 196 and 420; Code of Criminal Procedure (CrPC) , 1973 - Sections 195; General Clauses Act, 1897 - Sections 26; Finance Act, 1985

Reported in : (1992)104CTR(Mad)143; [1992]195ITR137(Mad)

be placed on the Full Bench decision of the Calcutta High Court in Satish Chandra v. Ram Dayal, AIR 1921 Cal 1, and their Lordships expressed thus (paragraphs 9 to 14 at page 294) : '(9) Section … under section 353, IPC, the ingredient of assault or use of criminal force while the public servant is doing his duty as such is necessary. … submitted that the charge under section 353, IPC, is based upon the same facts as the charge under section 186, IPC, and no cognizance could be taken of the offence under section 186, IPC, unless there was a … the Income-tax Rules, 1962, and under section 269P(1) of the Income- tax Act, 1961, duly verified and signed, along with the instrument of transfer, mentioning

Ramkrishna Ramnath Bidi Manufacturing, Kamptee Vs. the Presiding Offic ...

Court : Mumbai

Subject : Labour and Industrial

Acts : Industrial Disputes Act, 1947 - Sections 25F, 25FF, 25FFF, 25FFF(2), 33C, 33C(1) and 33C(2); Limitation Act - Schedule - Articles 7, 102 and 120; Constitution of India - Articles 226 and 227; Payment of Wages Act, 1936 - Sections 2, 15 and 22; Industrial Disputes (Amendment) Act, 1953 - Sections 3; Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956 - Sections 7, 7(1), 7A(1), 7B and 9; Industrial Disputes (Appellate Tribunal) Act, 1950 - Sections 20, 20(1) and 20(2); Companies Act, 1913 - Sections 186

Reported in : AIR1963Bom201; (1963)65BOMLR109; [1963(6)FLR175]; ILR1962Bom714; 1963MhLJ182

High Court in Indian Co-operative Navigation and Trading Co. Ltd. v. Padamsey, AIR 1934 Bom 97 'money due' in its primary sense merely denotes an … section 3 of the Industrial Disputes (Amendment) Act, 1953, which came into force on 24th October 1953. Provision was made in Section 25I of the … for the enforcement of the awards and settlements. That was first done by the Industrial Disputes (Appellate Tribunal) Act, 1950. Section 20 of that Act is very much similar to section 33C of the Industrial Disputes Act, 1947, which … in Hansraj v. Dehradun M.E.T. Co. Ltd. . In that case, the expression 'money due' as found in Section 186 of the Companies Act 1913, was being construed. It was held that these words in Section186 must be

National Federation of Independent Business Vs. Sebelius

Court : US Supreme Court

Subject : Land Acquisition

existence] something to be regulated,” i.e., an Army and a Navy, does Congress lack authority to create an Air Force? 7 The Chief Justice’s characterization of individuals who choose not to purchase private insurance as “doing nothing,” ante, … to pressure from States that wanted coverage for their employees, Congress, in 1950, amended the Act to allow States to opt into the program. Id., … calculation. See Baker v. Carr, 369 U. S. 186, 217 (1962) . Even commentators sympathetic to robust … though solving that problem is in all States’ best interests. Congress’ intervention was needed to overcome this collective- action impasse. D      Aware that a national solution was required, Congress could have taken over the health-insurance market … aptly titled: “Medicaid Coverage for the Lowest Income Populations.” 124Stat. 271. That section amends Title 42, Chapter 7, Subchapter XIX: Grants to States for Medical

Sethia Properties, a Dissolved Firm Vs. T.R. Bhavnani and ors.

Court : Kolkata

Subject : Tenancy

Acts : Constitution of India - Article 245; ;West Bengal Premises Rent Control (Temporary Provisions) Act, 1950 - Sections 33 and 47(2); ;West Bengal Premises Rent Control Rules, 1950 - Rule 9; ;Code of Civil Procedure (CPC) ; ;Public Demands Recovery Act; ;Bengal General Clauses Act - Section - 3(30); ;Code of Criminal Procedure (CrPC) - Sections 4 and 5(2)

Reported in : AIR1961Cal199,1961CriLJ472,64CWN899

that the landlord be dealt with under Section 33 of the West Bengal Premises Rent Control (Temporary Provisions) Act, 1950. 6. For reasons with which we are not concerned at this stage, the aforesaid application was heard ex … of the goods an opportunity to pay in lieu of confiscation such fine as the officer thinks fit.'49. Section 186 of the Sea Customs Act, inter alia, provides that the award of any confiscation, penalty or increased rate … been laid down in D. K. Sen Gupta v. Ananta Lal, : AIR1953Cal414 , that Rule 9 is not ultra vires and is not in … or omission made punishable by any law for the time being in force.'37. Both the types of violation of prohibitions as in the Act are,

Official Liquidator, Palai Central Bank Ltd. (In Liquidation), Ernakul ...

Court : Kerala

Subject : Company

Acts : Limitation Act, 1908 - Sections 3; Companies Act, 1913 - Sections 235 and 235(1); Companies Act, 1956 - Sections 205 and 543; Banking Companies Act, 1949 - Sections 45O(2) and 45H(1); Companies Act, 1114 - Sections 291

Reported in : AIR1966Ker121

P.C 63 and AIR 1933 All 789 (FB). In the former it was held that an application under Section 186 of the Companies Act, 1913, was barred because a suit for the money claimed was barred, and, in … Act before Section 45-0 of the Banking Companies Act, giving a longer period of 12 years, came into force on 30-12-1953, the present application for the same relief is necessarily barred; and the second, in case the … Rs. 25.fi lakhs is in respect of similar payments for the years 1950 to 1658, the only difference being that the false income and profits

Mohd. HussaIn and Etc. Vs. Rajasthan Board of Muslim Wakf

Court : Rajasthan

Subject : Trusts and SocietiesCivil

Acts : Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1965 - Sections 2, 3 and 5; Rajasthan Premises (Control of Rent and Eviction) Act, 1950 - Sections 2(3); Constitution of India - Articles 14 and 245

Reported in : AIR2003Raj266; RLW2004(2)Raj749; 2003(3)WLC704

T. N. (1985) 1 Rent CR 218 : (AIR 1985 SC 270), P.J. Irani v. State of Madras, AIR 1961 SC 1731 and S. Kandaswamy Chettiar v. State of Tamil Nadu (1985) 1 Rent CR 200 : … The Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964 came into force with effect from 11-1-1965 when it received the assent of the President … Wakf Act from the operation of all the provisions of the Rajasthan Premises (Control of Rent and Eviction) Act, 1950 may be declared as invalid. In the alternative, it was prayed that appointment of only one Estate Officer … Fakir Mohd. v. State (1985) 2 Rent LR 186 on the basis of the principle enunciated by … occupants of wakf properties, which are public premises within the meaning of Section 2(b)(viii) of the Rajasthan Public Premises (Eviction of Unauthorised Occupants) Act, 1964

Sri Krishna Gupta and anr. Vs. Shri Ram Babu and ors.

Court : Allahabad

Subject : Civil

Acts : Code of Civil Procedure (CPC) , 1908 - Sections - 64 and 94 - Order 38, Rule 5 and 5(3) - Order 21, Rules 7 and 54 - Order 48, Rule 3

Reported in : AIR1967All136

contended in the first place that he had not used any physical force to cause resistance. This defence, however, failed even in the High Court. … 3) filed a suit (suit No. 174 of 1950) for realisation of money against defendant No. 1. … the judgment-debtor put obstruction and made it impossible to effect the attachment. The defendant was thereupon prosecuted under Section 186 of the I. P. C. for an illegal resistance and convicted in courts below. The accused contended in … counsel finds some support from the observation made in the case of Gaya Thakur v. Bhagwat Prasad : AIR1963Pat286 .In that case, the only question raised was that in an attachment before judgment only form No. 5, … it was pleaded that under Article 11, Schedule I of the Limitation Act, the mortgagee, who wanted to avoid the order of attachment should have