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Rajasthan Pharmacy Council, Jaipur Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Service

Acts : Pharmacy Act, 1948 - Sections 22 and 26; General Clauses Act, 1997; General Clauses Act, 1897 - Sections 16

Reported in : 2001(1)WLC722; 2001(2)WLN434

Matched in: Advocate Mahendra Singh, Adv. M. Rafiq, Additional Advocate General

The State Vs. Pandurang Baburao

Court : Mumbai

Subject : Criminal

Acts : General Clauses Act, 1897 - Sections 26; Indian Penal Code (IPC), 1860 - Sections 409; Prevention of Corruption Act, 1947 - Sections 5(2) and 5(4); Prevention of Corruption (Amendment) Act, 1952; ;General Clauses Act, 1897 - Sections 6; Code of Criminal Procedure (CrPC) , 1898; Criminal Law Amendment Act, 1952; Constitution of India - Article 14; Statue Law; Penal Law

Reported in : AIR1955Bom451; (1955)57BOMLR868

Again, with very great respect to the two learned Judges, they over-looked the clear provisions of Section 26, General Clauses Act, and really the answer to the question raised in this full bench is to be found in the … Chagla, C.J.1. The accused was charged with having committed an offence under Section 409, Penal Code, in that in January 1951 while being in charge of the villages Harchori and Road

Ajay Home Product Limited and anr. Vs. the State and anr.

Court : Delhi

Subject : Criminal

Acts : Delhi Sales Tax Act - Sections 14(2), 17(2), 20(6), 23(6), 50, 50(1), 55, 56 and 57; Central Sales Tax Act, 1956 - Sections 1(2), 8(2), 8(4), 9, 9(1), 9(2), 10, 10A and 11; General Clauses Act - Sections 26 - Schedule - Article 26; Indian Penal Code (IPC) - Sections 71, 300, 302, 405, 406, 409, 415, 420, 468 and 471; Code of Criminal Procedure (CrPC) , 1973 - Sections 4(2), 155(2), 156(1) and 482; Prevention of Corruption Act - Sections 5(2); Constitution of India - Article 20 and 226; Prevention of Terrorism Act - Sections 3(1), 3(2), 3(3) and 56; Delhi Sales Tax Rules

Reported in : 2007(96)DRJ471

Sales Tax Act in respect of which penalties have been imposed. He also relied upon Section 26 of General Clauses Act and argued that wherein an Act and omission constitute two or more enactments then the offenders shall be … this petition under Section 482 Cr.P.C., the petitioners have prayed for quashing of FIR NO.187 dated 16.7.2005 under Sections 406/420/471 of IPC, Section 50 of Delhi Sales Tax Act and Section 9 of Central Sales Tax Act,

Union of India and ors. Vs. Maqsood Ahmed

Court : Mumbai

Subject : Property

Acts : Administration of Evacuee Property Act, 1950 - Sections 9, 10(1), 10(2), 12A, 25, 26, 26(1), 26(3), 27, 28, 28(2), 29, 30, 31, 33, 35, 42, 46, 55(2) and 58(3); Evidence Act, 1872 - Sections 31 and 102; Administration of Evacuee Property (Amendment) Act, 1956 - Sections 16 and 16(2); ;Administration of Evacuee Property Ordinance, 1956 - Ordinance 6; General Clauses Act - Sections 6; Code of Civil Procedure (CPC), 1908 - Sections 26 - Order 47, Rules 1, 2 and 5; Administration of Evacuee Property Ordinance, 1949

Reported in : AIR1963Bom110; (1962)64BOMLR683; ILR1963Bom158; 1963MhLJ60

under the Ordinance and if that was so, this provision being a sen-contained provision Section 6 of the General Clauses Act-had no application. In the result they upheld the right of revision in the Custodian General, This authority would … to amend the Act of 1950 in several particulars and by Section 9 of the Act it omitted sections 25, 26, 29, 30, 31, 33, 35, 42 and 55(2) of the Act. This Ordinance was later on

Waman Sambhaji Duka Vs. Narhari Sambhajirao Phatale

Court : Mumbai

Subject : Trusts and SocietiesCriminal

Acts : Maharashtra Co-operative Societies Act, 1961 - Sections 146 and 148(3); Indian Penal Code (IPC), 1860 - Sections 406, 467 and 420; Bombay General Clauses Act, 1904 - Sections 27; General Clauses Act, 1897 - Sections 26

Reported in : AIR1968Bom124; (1967)69BOMLR687; 1968CriLJ305; ILR1967Bom1147

sanction. In this context, the Full Bench considered the provisions of section 26 of the General Clauses Act, 1897, and pointed out that since the … under any penal provisions of the laws of the land. On the contrary, section 27 of the Bombay General Clauses Act, specifically enables prosecution under any of the alternate provisions if the same act constitutes offence under two or … (1) This is a revision application by the accused who is being prosecuted under sections 406, 467 and 420 of the Indian Penal Code. The accused had made an application before the Judicial

Bhaiyalal and ors. Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Subject : CriminalFood Adulteration

Acts : General Clauses Act, 1897 - Sections 26; Prevention of Food Adulteration Act, 1954; Fruit Products Order, 1955; Code of Criminal Procedure (CrPC) , 1898 - Sections 4(2), 403 and 482; Code of Criminal Procedure (CrPC) , 1973 - Sections 300; Constitution of India - Article 20(2); Indian Penal Code (IPC) - Sections 378 and 379 ; Madhya Pradesh Land Revenue Code, 1959 - Sections 240, 240(1), 240(3) and 253

Reported in : 1993CriLJ29

punished twice for the same act or omission constituting an offence, in view of Section 26 of the General Clauses Act, 1897, which is quoted here-under:-'26. Provision as to offences punishable under two or more enactments.- Where an act … severed standing on another's ground with the intention of removing it dishonestly, the offence of theft is committed.7. Sections 240 and 253 of the Code read as under:-'240. Prohibition of cutting of certain trees.- (1) If the

Smt. Rupa Bania Vs. State of Assam

Court : Guwahati

Subject : Criminal

Acts : General Clauses Act, 1897 - Sections 26; Prevention of Corruption Act - Sections 6; Indian Penal Code (IPC), 1860 - Sections 147, 161, 311, 465, 467, 468 and 471; Code of Criminal Procedure (CrPC) , 1974 - Sections 188, 220(1), 221(1), 221(2), 258, 300, 313, 330, 377, 378, 386, 403 and 403(1); Constitution of India - Article 20 and 20(2)

the first-mentioned Court is subordinate.(6) Nothing in this Section shall affect the provisions of Section 26 of the General Clauses Act, 1897 (10 of 1897) or of Section 188 of this Code.12. What is, now pertinent to note is … passed by the learned Sub-Divisional Judicial Magistrate, Jorhat, in GR Case No. 1036/1999, convicting the present accused-petitioner under Section 471, IPC has been upheld, but the sentence stands modified by directing the present accused-petitioner to undergo simple

Gulab Singh Vs. State

Court : Mumbai

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1898 - Sections 4(1), 155, 155(2), 529 and 537 ; Prevention of Corruption Act, 1947 - Sections 3, 5, 5(2) and 5A; Indian Penal Code (IPC), 1860 - Sections 161; General Clauses Act, 1897 - Sections 26

Reported in : AIR1962Bom263; (1962)64BOMLR274; ILR1962Bom483

sanction since it has no application.(14) It was then contended by placing reliance on Section 26 of the General Clauses Act, that the accused cannot be prosecuted for both the offences together, because the same set of facts constitute … the intention of the Legislature for fuller and proper investigation of offences, we think the words of the sections must be held to include 'an intended offence or offence imminently likely to take place'.(8)Even assuming that we

Jitendra Panchal Vs. the Intelligence Officer, Narcotic Control Bureau ...

Court : Mumbai

Subject : Criminal

Acts : Arms Act, 1959 - Sections 25; Constitution of India - Articles 20, 20(2) and 20(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 188, 220, 221(1), 221(2), 236, 237, 300, 300(1), 300(3), 300(4), 403, 403(1) and 403(2); Customs Act, 1962 - Sections 111, 135 and 136; Essential Supplies (Temporary Powers) Act, 1946 - Sections 7; Foreign Exchange Regulation Act - Sections 123; General Clauses Act, 1897 - Sections 26; Gold (Control) Act, 1968 - Sections 85; Imports and Exports (Control) Act - Sections 5; Indian Insurance Act - Sections 105 and 107; Indian Penal Code (IPC) - Sections 120B, 332, 392, 399, 402 and 409; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 12, 20, 29, 23, 24, 27A, 28 and 29; Prevention of Corruption Act - Sections 5(1) and 5(2); Sentencing Review Act,

Reported in : 2008CriLJ974

Article 20 of the Constitution of India r/w Section 300(1) of the Code and Section 26 of the General Clauses Act. Ignoring all these provisions of law, the impugned order having been passed and the prosecution having been launched … seized by the officers of the Directorate Enforcement Officers at New York on 17-10-2002 which is punishable under Sections 29, 20(b)(ii)(C), 23, 24, 27A and 28 r/w Sections 8(c) and 12 of the NDPS Act. The question,

G.P. Pillai and ors. Vs. the State of Karnataka and anr.

Court : Karnataka

Subject : Criminal

Acts : Indian Penal Code (IPC), 1860 - Sections 304A; Factories Act, 1948 - Sections 92; General Clauses Act - Sections 26

Reported in : [2005(104)FLR1027]; ILR2005KAR381; 2005(2)KarLJ218

punished twice for the same act or omission constituting an offence in view of Section 26 of the General Clauses Act, which runs as under;'Where an act or omission constitutes an offence under two or more enactments, then the … the Acts can function with full vigor side by side in their own parallel channels. So while considering Sections 403 and 300 of Cr.P.C. and the provisions contained in Article 20(2) of the Constitution of India as