Judgment Search Results Home > Cases Phrase: air force act 1950 chapter 1 preliminary Court: supreme court of india Page 3 of about 7,983 results (0.183 seconds)

Lalita Kumari Vs. Govt.of U.P.and ors.

Court : Supreme Court of India

..... case means a case in which a police officer may in accordance with the first schedule (of the code) or under any other law for the time being in force, arrest without a warrant. under section 2(r) police report means a report forwarded by a police officer to a magistrate under sub-section (2) of section 173 ..... under any other law shall be investigated, inquired into, tried, and otherwise dealt with according to the same provisions, but subject to any enactment for the time being in force regulating the manner or place of investigating, inquiring into, trying or otherwise dealing with such offences. it is thus clear that for offences under laws other than ipc, ..... any special jurisdiction or power conferred, or any special form of procedure prescribed, by any other law for the time being in force. thus, special provisions contained in the dspe act relating to the powers of the cbi are protected also by section 5 of the code.82) in view of the above specific provisions in the code, the .....

Kuldeep Singh Pathania Vs. Bikram Singh Jaryal

Court : Supreme Court of India

..... under order xiv rule 2(2), the court may deal with the preliminary issue on jurisdiction of the court and bar to the suit created by any law in force. these are the provisions relevant for consideration of the present case. the appellant lost election from bhattiyat assembly constituency of himachal pradesh legislative assembly held in 2012 by ..... has been dismissed, based on the findings on the preliminary issues that the election petition lacked in material facts as required under section 83(1)(a) of the 1951 act and as such, did not disclose any cause of action. as far as the averments in the election petition are concerned, it is not necessary for us to ..... and section 117 provides for deposit of security for costs. section 83, under chapter ii, deals with contents of an election petition. under section 83(1)(a) of the act, an election petition shall contain a concise statement of material facts on which the petitioner relies . under order vii rule 11(a) of the code of civil procedure, 1908 .....

Deena Alias Deen Dayal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; [1984]1SCR1

..... thus, while, in 1930, 17 states in u.s.a. used to employ that method, only 6 retained it in 1967. again, while it was in force in yugoslavia before 1950, it was replaced by the firing squad in that year.52. in paragraph 1098, the law commission deals briefly with the report of the royal commission of england ..... by the circumstance that the demand for civilized, humane and painless treatment is made by those who have been found guilty of subjecting their victims to uncivilized and inhuman acts involving great torture and suffering. the retribution involved in the theory tooth for tooth' and 'an eye for eye' has no place in the scheme of civilized jurisprudence ..... own merits, on the basis that the question is still open to argument.10. the petitioners, who have been sentenced to death for acts of outrageous brutality, have presented their case with an air of injured innocence. their claim is that no matter what pain and suffering they may have inflicted upon their victims and their families, no .....

Sundari and ors. Vs. Laxmi and ors.

Court : Supreme Court of India

Reported in : AIR1980SC198; 1980(1)KarLJ1; (1980)1SCC19; [1980]1SCR404

..... with certain modifications to a hindu under the aliyasanthana law provides for succession of the separate property of a hindu male and a female. after the coming into force of the hindu succession act, the provisions of section 7(2) are applicable as regards undivided interest of a hindu governed by aliyasanthana law 8-531sci/79 while the provisions of the explanation ..... agree with the conclusion arrived at by the high court. the suit was filed by one parameshwari and her son and daughter as plaintiffs in o.s. no. 91 of 1950 praying for a partition of the properties and for allotment of her share to her. in the suit defendants 22, 23 and 24 were made parties as they belonged to ..... . no. 931 of 1967 allowing a revision against the order passed by the civil judge, mangalore, in r.i.a. no. 2266 of 1966 in o.s. no. 91 of 1950.2. the facts of the case may be briefly stated. the parties to this litigation are governed by the aliyasanthana law prevalent in the district of south kanara. they were .....

Glaxo Smith Kline Plc and ors. Vs. Controller of Patents and Designs a ...

Court : Supreme Court of India

Reported in : 2009AIRSCW376; AIR2009SC1147; 2008(4)AWC3839(SC); 2008BusLR879(SC); (SCSuppl)2008(4)CHN197; LC2008(3)131; (2009)2MLJ548(SC); 2008(38)PTC1(SC); 2008(12)SCALE284; 2008(6)LHSC4364.

..... an inchoate or contingent right and the same approach should be adopted to the interpretation of 'right', 'obligation' or 'liability' in section 16 of the 1978 act. the section clearly contemplates that there will be situations where an investigation, legal proceeding or remedy may have to be instituted before the right or liability can be ..... as party-respondent in the writ application. the appellants raised a preliminary objection as regards maintainability of the writ petition after coming into operation of amendments into the act w.e.f. 1st january, 2005. according to the appellants before the high court, with effect from 1st january, 2005 there was no scope for ..... to the filing of the writ petition were as follows:the writ petitioners filed an application for grant of patent under section 5(2) of the patents act, 1970 (in short the `act') on 28th august, 1998. subsequently, on 30th june, 2000 the writ petitioners further filed an application for grant of 'exclusive marketing right' (in .....

H.M.T. Ltd. Rep. by Its Deputy General Manager (Hrm) and anr. Vs. Muda ...

Court : Supreme Court of India

Reported in : JT2007(3)SC112; (2007)4MLJ617(SC); 2007(2)SCALE573; (2007)9SCC768; 2007AIRSCW1058; AIR2007SC1106; ILR2007(2)Kar1639; 2007(2)KLJ145; 2007(3)KCCR1985

..... -section (5), the state government or any officer authorized by the state government in this behalf may take possession of the land and may for that purpose use such force as may be necessary.(8) where the land has been acquired for the board, the state government, after it has taken possession of the land, may transfer the ..... eviction was passed and the state was directed to hand over possession of property to g within a particular period. the state then took out proceedings under the land acquisition act, 1894 for acquiring the property for public purpose, namely, for a school. g challenged the proceedings as mala fide. the high court upheld the contention observing that there ..... sub-section (1) of section 3 of the act. sub-section (2) of section 1 of the act states that the act 'extends to the whole of the state of karnataka'. sub-section (3) then reads-(3) this act except chapter vii shall come into force at once: chapter vii shall come into force in such area and from such date as the .....

Lalita Kumari Vs. Govt.of U.P.and ors.

Court : Supreme Court of India

..... admits of no other construction.e. the use of expression "shall" is indicative of the intention of the legislature which has used a language of compulsive force. there is nothing indicative of the contrary in the context indicating a permissive interpretation of section 154. it is submitted that the said section ought to be ..... of investigation (cbi) this court taking note of the peculiar facts and circumstances of those cases, made an observation that where public servant is charged with acts of dishonesty amounting to serious misdemeanor, registering an fir should be preceded by some suitable preliminary enquiry.in another case in which dispute regarding property between ..... cases where the word "shall" has, therefore, been construed as merely directory.85. in the case of sainik motors, jodhpur and others v. state of rajasthan air 1961 sc 1480, hidayatullah, j. has held that the word "shall" is ordinarily mandatory, but it is sometimes not so interpreted if the context of intention otherwise .....

Yashwant Sinha Vs. Central Bureau of Investigation Through Its Directo ...

Court : Supreme Court of India

..... supreme court was also attributed to having held in consonance with what his discourse was, i.e., that the prime minister of india stole money from the air force and gave it to mr. anil ambani and that the supreme 12 court had admitted that mr. modi had indulged in corruption. it was stated that the ..... complaint before the first respondent-cbi. the complaint that is made, attempts to make out the commission of a cognizable offences under the 73 prevention of corruption act. paragraph 120.1 of lalita kumari (supra), declares registration of fir is mandatory if information discloses commission of a cognizable offence. the constitution bench debarred any ..... one sought could be granted, there is yet another seemingly insuperable obstacle.83. in the year 2018, the prevention of corruption (amendment) act, 2018 (hereinafter referred to as 2018 act for short) was brought into force on 26.07.2018. thereunder, section 17a, a new section was inserted, which reads as follows: 17a. (1) no police .....

In Re Expeditious Trial Of Cases Under Section 138 Of N.i. Act 1881

Court : Supreme Court of India

..... , mr. ramesh babu, advocate for the reserve bank of india and dr. lalit bhasin, advocate for the indian banks association.3. chapter xvii inserted in the act, containing sections 138 to 142, came into force on 01.04.1989. dishonour of cheques for insufficiency of funds was made punishable with imprisonment for a term of one year or with fine which may ..... remedying the situation which was addressed by the negotiable instruments (amendment and miscellaneous provisions) act, 2002. sections 143 to 147 were inserted in the act, which came into force on 06.02.2003. section 143 of the act empowers the court to try complaints filed under section 138 of the act summarily, notwithstanding anything contained in the code of criminal procedure, 1973 (hereinafter, the code .....

Central Bureau Of Investigation (cbi) Vs. Thommandru Hannah Vijayalaks ...

Court : Supreme Court of India

..... it reads as follows: 8.27. the source information once developed must be submitted in writing giving all available details with specific acts of omissions and commissions and copies of documents collected discreetly. the internal vigilance enquiries or departmental enquiry reports should normally not be ..... possession of disproportionate assets, fraud, embezzlement, serious economic offences, illegal trading in narcotics and psychotropic substances, counterfeiting of currency, smuggling of antiques, acts endangering wildlife and environment, cybercrimes, serious frauds of banking/financial institutions, smuggling of arms and ammunition, 34 part d forgery of passports, etc. ..... assets of the accused officer. the purpose of a preliminary inquiry is to screen wholly frivolous and motivated complaints, in furtherance of acting fairly and objectively. herein, relevant information was available with the informant in respect of prima facie allegations disclosing a cognizable offence. therefore .....