Judgment Search Results Home > Cases Phrase: bombay aerial ropeways act 1955 maharashtra section 37 arrest for offences against certain sections Court: guwahati Page 1 of about 7 results (0.107 seconds)

R.S. Sodhi and anr. and Vs. Partha Pratim Saikia

Court : Guwahati

Reported in : [2009]151CompCas583(Gauhati)

..... 550 (sq, the prosecution was launched against the respondent, a private limited company, for the offences punishable under sections 276c, 277 and 278 read with section 278b of the income-tax act. ..... jorhat and, on the basis of the fir lodged, in this regard, by the accused federation with the police, accused ujjal barua was arrested and stands placed under suspension till date and that the accused-petitioners have not committed any of the offences, which they are accused to have committed, the fact remains that at this stage, this court cannot enter into the truth or correctness of ..... 150 of [1944] 1 kb): 'under the defence (general) regulations, 1939, it is common for offences to be created in which certain ingredients are required to be found and the present case seems to me to fall within ..... under (page 234 of 142 comp cas):we may, in this regard, notice that the provisions of the essential commodities act, 1955, negotiable instruments act, 1881, employees' provident funds miscellaneous provisions act, 1952, etc ..... of maharashtra v. ..... . state of bombay air 1960 sc 889, to sustain prosecution of all the accused persons, it needs to be noted that jaikrishnadas manhordas desai (supra) is a case, where the company as well as the directors, who were at the helm of affairs, had dishonestly misappropriated the clothes entrusted to them for dyeing and it was, in such circumstances, particularly, when there was specific finding of common intention that the prosecution and conviction of the accused .....

Bharat Hydro Power Corporation Ltd., Guwahati and ors. Vs. State of As ...

Court : Guwahati

..... period upto the appointed day shall be the liabilities of the company and shall be enforceable against it and not against the state government or where the undertaking of the company are directed, under section 6 to vest in the board, against that board :provided that the state government may, after observing proper financial formalities and by notification, declare certain liabilities or class or classes of liabilities to be the liabilities of the state government or ..... leading to the enactment of the impugned act, but this court desire to consider the points -- whether the impugned act suffers from repugnancy in view of its alleged contradiction, inconsistency and direct clash with the central acts, namely, the act 1910, supply act, 1948, indian contract act and the industrial disputes act; and whether the act is bad and liable to be set aside for non receipt of president's assent.taking ..... 1955, the learned advocate, general has submitted that the 'pith and substance of the impugned act is to take over the 'undertaking' in the public interest and that 'pith and substance' of the act has to be looked into an incidental trespass in the act, 1910 or the supply act, 1948 or any other central acts would not invalidate the act ..... where both prescribe punishment for the same offence-but the punishment differs ..... maharashtra ..... state of bombay, air 1954 sc 752 held when there is legislation covering the same ground both by centre and the province, both of them being competent to enact the same .....

Assam Roller Flour Mills Association and ors. Vs. State of Assam and o ...

Court : Guwahati

..... the said area; or(i) if in pursuance of the agreement of sale or purchase, the agricultural produce is delivered in the said area to the purchaser or to some other person on behalf of the purchaser.though, explanation-i of unamended section 21 clarified that for the purpose thereof, all notified agricultural produce taken out or proposed to be taken out of a market area would, unless the contrary is proved, be presumed to be bought or sold within the said area, rule 21(7) was construed ..... . the salvation army, western india territory (supra), the provision for levy of contribution contained in section 58 of the bombay public trusts act, 1950 and the rules 32 and 33 of the rules framed thereunder was impeached being beyond the ..... 1982]133itr239(sc) appears befitting:now while considering the constitutional validity of the statute said to be violative of article 14, it is necessary to bear in mind certain well established principles which have been evolved by the courts as rules of guidance in discharge of its constitutional function of judicial review ..... committees and the board could spend the income from the market fee for all good purposes and the objects of the act in the general interest of the agricultural and agriculturists in the village, their lordships elucidated that though the enactment was primarily meant for that purpose such an expenditure could not be approved if the same went against the very concept of quid pro quo, the quintessence of ..... (maharashtra north ..... [1955]2scr603 ..... [1955]1scr799 .....

Navendra Kumar Vs. Union of India and Another

Court : Guwahati

..... for the investigation of certain offences in [the union territories]] and to make provision for the superintendence and administration of the said force and for the extension to other areas [***] of the powers and jurisdiction of the members of the said force in regard to the investigation of the said offences; section 1 - short title and extent (1) this act may be called the delhi special police establishment act ..... out the functions of police, namely, registration of first information report (in short, fir) under section 154 of the code of criminal procedure (hereinafter referred to as the cr.p.c), arrest of a person, as an accused, investigation of offences, filing of charge-sheets against alleged offenders and to prosecute them were put to challenge. ..... of executive action is concerned, the supreme court, in the case of ram jawaya kapur vs state of punjab (air 1955 sc 549), while dealing with an argument of violation of fundamental rights, observed that ordinarily, the executive power connotes the ..... ambika prasad (air 1923 pc 264 (j), in respect of `obiter dictum, the bombay high court, in the case of mohandas issardas (supra), observed as under: the reason why we refused to be bound by ..... act, 1935, corresponding to entry 39 of list i of the seventh schedule, enables the police force of one state to function and carry out investigation into an offence in another state if the latter state consents to such investigation, an investigation by the dspe into a case, in maharashtra .....

Md. Haji Samsul Hoque Talukdar @ Pakhi Mia @ Munna Bhai Vs. The Union ...

Court : Guwahati

..... by the government; (b) where a person accused of or suspected of the commission of an offence under this act is forwarded to a magistrate under sub-section (2) or sub-section (2a) of section 167 of the code of criminal procedure, 1973, such magistrate may authorise the detention of such person in such custody as he thinks fit for a period not exceeding fifteen days in the whole where such magistrate is a judicial magistrate ..... in substance the petitioner now prays that all undertrials who are in jail for the commission of any offence or offences under the act for a period exceeding two years on account of the delay in the disposal of cases lodged against them should be forthwith released from jail declaring their further detention to be illegal and ..... we were told by the learned counsel for the state of maharashtra that additional special courts have since been constituted but having regard to the large pendency of such ..... for the accused relied upon the judgment of the honble supreme court rendered in the case of supreme court legal aid committee-vs- union of india; reported in (1994) 6 scc 731 wherein the apex court gave certain directions for ..... that the ndps act contains special provisions with regard to search, seizure, arrest, granting bail, ..... in greater bombay; the process of constituting the first two special courts started with the issuance of notifications under section 36(1) on 4-1-1991 and under section 36(2) on 6-4-1991 almost two years from 29-5-1989 when amendment act 2 of .....

Dharamraj Kumar Singh Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... on perusal of the same, it appears to us that section 10(n) is prescribed for less heinous offences as urged by the learned counsel for the writ petitioner/appellant and the legislature also thought it fit to empower the disciplinary authority with certain discretions at the time of exercising its powers under section 12(1) of the act for dismissing a member of the force from service, who has been sentenced to imprisonment under the provisions of the said act. ..... of the force, may, without a formal trial, award to any member of the force who is for the time being subject to his authority any one or more of the following punishments for the commission of any petty offence against discipline which is not otherwise provided for in this act, or which is not of a sufficiently serious nature to require prosecution before a criminal court, that is to say--(a) confinement for not more than seven days in the quarter-guard or such other place as may be considered ..... the apex court in the case of maharashtra state seeds corpn. ..... mhamud, mainly centers his argument on sections 10(n), 11 and 12 of the cprf act, 1949 and rule 27(cc) of the crpf rules, 1955 and the doctrine of proportionality of the punishment. ..... 679-80, indian express newspapers bombay (p) ltd. v. .....

The State of Assam Vs. Upendra Nath Rajkhowa

Court : Guwahati

..... will be clear from the terms of this section (section 30 of the indian evidence act) that where more ;persons than one are being tried jointly for the same offence, a confession made iby any one of them a/fecting himself and any one of his co-accused can betaken into consideration by the court not only against the maker of the confession but also ..... proper weight and consideration so such matters as (1) the views of the trial judge as to the credibility of the witnesses: (2) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at his trial; ('3) he right of the accused to the benefit of any doubt; and (4) the slowness of an appellate court ..... was immediately removed to the siliguri hospital for treatment of his injury under proper police custody, he might kindly be shown arrested in the case noted in the margin ..... maharashtra, : (1971)3scc432 :the fact that some of the prosecution witnesses had been examined earlier under section 164, criminal procedure code, is only a circumstance to be taken into account in appraising the value of their testimony and the court has to scrutinise such evidence a little more closely and see if the other circumstances lend support to it.the above observation means that when a witness has been examined earlier under section ..... nana (1889) ilr 14 bom 260 (fb) the bombay high court, following stephen's definition of confession, held that a statement suggesting the inference that the .....