Court : Delhi
Reported in : 2000(55)DRJ713
..... it should be borne in mind that before the amendment of section 367(5), old code, by the criminal procedure code (amendment) act, 1955 (xxvi of 1955) which came into force on january 1,1956, on a conviction for an offence punishable with death, if the court sentenced the accused to any punishment other than death, the reason why sentence of death was not passed had to be ..... of bombay in a full bench case has held that after the amendment of section 367 (5) of old code by act xxvi of 1955, it is not correct to hold that the normal penalty of imprisonment for life cannot be awarded in the absence of extenuating circumstances which reduce the gravity of the offence. ..... following conviction at a trial in a system wedded to the rule of law is the outcome of cool deliberation in the court-room after adequate hearing is afforded to the parties, accusations are brought against the accused, the prosecuted is given an opportunity of meeting the accusations by establishing his innocence. ..... question of sentence in a case of murder has almost always presented to courts a certain amount of difficulty, particularly because life-imprisonment is a rule whereas death sentence is ..... merely because, as alleged by the accused persons, there is some delay in effecting arrest that cannot be a circumstance to outweigh the evidentiary value of the circumstances adduced ..... state of maharashtra, : 1992crilj3997 also throws considerable light ..... state of maharashtra air 1981 sc 785: and ..... of maharashtra, ..... of maharashtra, .....
Tag this Judgment!Court : Gujarat
Reported in : [1995]95CompCas663(Guj)
..... the act specifically provides for penalties and adjudication for contraventions of certain provisions of the act, rules or regulations and section 24 declares contravention of the act rules and regulations as an offence punishable with ..... breaches of the regulations, the field of legislation is unoccupied and as an ancillary measure, the board could provide for levy of penalty as distinct from punishment for an offence that too without making specific provision for levy of such penalty for the breach of regulation specific itself; it cannot be said that merely because power has been conferred on the board to take appropriate measures, without taking appropriate measure to ..... the supreme court, which had arisen in the matter of land acquisition proceedings under the rajasthan urban improvement trust act the court found that notice under section 52(2) of the said act, was published in rajasthan, proposing the acquisition of land situated in rajasthan at jaipur, service of notice inviting objections against proposed acquisition which was to take place in rajasthan, was served on the petitioner in calcutta, where he ..... maharashtra : [1975]3scr753 : 'the imposition of a pecuniary liability, which takes the form of a penalty or fine for a breach of a legal obligation, cannot be relegated to the region of mere procedure and machinery, for ..... state of bombay, : [1955]1scr158 , the court approved the opinion of ..... maharashtra ..... ullasnagar, a place situated in the district of thana of maharashtra state. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... murthy, the tamil nadu panchayats (amendment and miscellaneous provisions) act (tamil nadu act 18 of 1964) added, with full retrospective effect, the following explanation to section 115(1): explanation: in this section and in section 116, 'land revenue' means public revenue due on land and includes water cess payable to the government for water supplied or used for the irrigation of land, royalty, lease amount or other sum ..... or royalty shall be payable; xxx xxx xxx xxx xxx(m) the construction, maintenance and use of roads, power transmission lines, tramways, railways, aerial rope ways, pipe lines and the making of passages for water for mining purposes on any land comprised in a mining lease; xxx xxx xxx xxx (qq) the manner in which rehabilitation of flora and other ..... account in imposing a tax on it within the meaning of entry 49 of list ii, for the annual value of land which can certainly be taken into account in imposing a tax for the purpose of this entry would necessarily depend upon the use to which the land is put ..... operations in relation to any mineral, on such percentum of the annual value of the said lands as specified against that mineral in schedule ii; andb) in case of other lands fifty percentum of the annual value.clause (a) was again amended by act 17 of 1989 to read thus: (a) in the case of land held for carrying on mining operations in relation to any mineral, such percentum of the annual value as the state government ..... ..... provision of the bombay sales tax act 1946 as .....
Tag this Judgment!Court : Chennai
Reported in : [1998]91CompCas757(Mad); 1995(52)ECC18
..... 4 along with other enforcement officers have rendered themselves liable to be prosecuted for offences punishable under sections 219, 220 and 330 of the indian penal code, 1860, read with section 58 of the fera. ..... the entire paragraph 6 and a portion of paragraph 7 are relevant for out purpose, and they read thus (page 1299) : 'the relevant part of the authorisation reads thus : whereas information has been laid before me of the suspected commission of offence under section 11 read with section 111 of the customs act, 1962 (52 of 1962), and it has been made to appear that the production of contraband goods and documents relating thereto are essential to the enquiry about to be made ..... 9539 of 1994 : this petition is by the petitioners in the main writ petition, seeking a direction against the respondents to restrain them from trespassing into the shop, office and/or residence of the petitioners and/or illegally arresting any or all the petitioners or any of their family members, servants and recording any further statement from any or all of them under duress, and pass such further or other orders as this court may ..... case, the only information received by the department was, that a person will be coming in a car near a choultry between certain hours, and if the car was intercepted, either contraband gold or the sale proceeds thereof in currency notes would be found. ..... state of maharashtra : 1975crilj1862 , was also a case under the customs act, where a person was ..... state of bombay v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(3)BomCR705
..... for indecent behaviour and/or violation of licensing conditions, are as under:-----------------------------------------------------sections year year year year year year total of 2000 2001 2002 2003 2004 2005 bombay police act, 1951-----------------------------------------------------33(w) 767 559 460 374 410 223 2793110 4427 2998 2971 2810 2051 2146 17403 -----------------------------------------------------total 5194 3557 3431 3184 2461 2369 20196 -----------------------------------------------------for offences under section 110 of the bombay police ..... constitution of india by imposing restrictions by way of total prohibition on the petitioners fundamental right to practice any profession or to carry on any occupation, trade or business;(3) section 33b exempts certain establishments from the ban imposed by section 33a; the amended section 33a is violative of article 14 of the constitution of india;(4) affidavit in reply dated 1st october, 2005 does not comply with the provisions of order 19 rule 3 ..... against the home minister no police officer would dare to register offence against the home minister and ..... right to trade in liquor may not be a fundamental right, but in so far as the state of maharashtra is concerned, a law having been enacted for carrying on trade in liquor by licensees holding valid licences issued under the bombay prohibition act, 1949 read with the bombay foreign liquor rules, 1953, the petitioners' members, who are the holders of such licences, have a .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR32; [2010]186TAXMAN494(Bom)
..... that reading various provisions of the 1961 act particularly section 24, 29 and 45 of the 1961 act, it becomes clear that the 1961 act prescribes the mode and the manner of enrolling advocates who want to practice the profession of law before courts, tribunals and other authorities and provide for punitive action against advocates who have violated the provisions contained in the 1961 act and the rules framed by the bar ..... 12, submitted that the argument of the petitioner that the permission granted by rbi to the foreign law firms to establish liaison offices in india is in violation of the 1961 act, is completely misconceived because, the 1961 act is enacted by the parliament in exercise of the powers conferred under entry 77 and 78 in list i to the seventh schedule to the constitution, which relate to constitution and organization of the supreme court and the high courts ..... counsel for the bar council of india and bar council of maharashtra & goa have adopted the arguments advanced by the counsel for the ..... that prior to the 1961 act, the indian bar councils act, 1926 was enacted with a view to consolidate and amend the law relating to the legal practitioners entitled to practice in certain courts in the provinces of india ..... therefore, if the co-operative societies act were to provide that an advocate of the high court of bombay shall not practise before the arbitral tribunal set up under that act, then the right of the advocate will be circumscribed by the ..... in : air 1955 s.c. .....
Tag this Judgment!Court : Mumbai
Reported in : (1983)85BOMLR540
..... . singhvi on this rule is that rule 27 is a statutory rule which is made by the authority authorised under section 37 of the act to make the rule and if the rule-making authority itself has provided for a model bye-law or model conditions of service in which there was a clause relating to security deposit, that was enough for the purposes of there licensee to show that a term or model conditions of service in which there was a clause relating to security deposit, that ..... this appeal filed by the municipal corporation of greater bombay and the general manager of the bombay electric supply and transport undertaking is directed against the judgment and decree passed by the learned single judge in suit ..... of both the provisos contemplates firstly, that the security has not been given at all when the security may be sufficient at the time when the supply has commenced but has become insufficient because of certain event s following the commencement of the supply, and thridly, the security becoming invalid for several reasons which are not enumerated and indeed are incapable of being enumerated ..... learned counsel also pointed out that the model conditions are not made a part of the act at all as would be found in statutory provisions such as the maharashtra regional town planning act, 1966, in which a provision is made in section 86(3) that the town planning schemes under the said act would be a part of the act ..... . sirur air 1955 mys 147, and a decision of the madhya pradesh high court in dukhuram .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(6)BomCR28; 2008(6)MhLj914
..... its rules provide that the bye-laws must provide for constituencies, if constituencies are created for a class of members considering the language of section 73(c)(3) and the right to vote is restricted to such class of members, then such bye-laws will not be ultra-vires section 73-c(3) or section 27 of the maharashtra cooperative societies act, 1960.the reference is answered accordingly.the registrar (judicial), considering the majority opinion, to place the matter before the division bench ..... muslim minority and as such entitled to rights under article 30....the court has further held;.there is thus ample authority justifying the court in looking into the history of the legislation, not for the purpose of construing the act but for the limited purpose of ascertaining the background, the conditions and the circumstances which led to its passing, the mischief it was intended to prevent and the remedy it furnished to prevent such ..... , from reading various provisions with expressions of the act of 1960 with section 73-c(3) it can be said that section 73-c(3) emphasises restriction on numerical representation of certain categories of members, who have not taken any loans ..... militates against the conception of 'restriction' running through the three clauses of the section as against the reservations under sections 73b ..... bombay cooperative societies act, 1925 (bombay vii of 1925) ..... lachhi ram : [1955]1scr608 , the court observed:.the right to stand as a candidate and contest an election is .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR436; II(2002)DMC89
..... 2 being in contravention of the provisions of section 5 of the hindu marriage act, 1955 is null and void under section 11 of that act, and consequently she has no right to claim anything in the huf properties or the ..... 30-8-1964 as per hindu vedic rites is perfectly legal and valid under section 5 of the hindu marriage act, 1955. ..... the court of that country where the husband has his domicile, which has the jurisdiction to pass a judgment in the matrimonial dispute; (iii) the above rule of common law operates very harshly against the wife who has for one reason or the other, to reside habitually or permanently in a country other than the country of her husband's domicile. ..... nevertheless her marriage with the deceased who was a hindu was valid and for the purpose of dissolution, it was governed by the indian divorce act, 1869 as section 2 thereof authorizes the court to grant relief only when the petitioner or respondent professes christian religion and the parties are domiciled in india at the time ..... provision of article 51(c) of the constitution, the supreme court drew assistance from the international conventions and laid down certain guidelines to protect the working women from sexual harassment and to enable them to work with dignity. ..... ..............india has not adopted the international convention relating to the arrest of sea-going ships, brussels convention of 1952 on civil and penal jurisdiction in matters of collision; nor the brussels conventions of 1926 and 1967 relating to .....
Tag this Judgment!Court : Mumbai
Reported in : 2000CriLJ1935
..... although there was minimum sentence prescribed for offence for which the accused was convicted holding that the provisions of sections 360 and 361 of cr.p.c. ..... the supreme court in that case was dealing with the provisions of mysore excise act, 1966, section 53 of the said act provides for issue of warrant by the magistrate for the purpose of search as well as arrest of any person who is engaged in the commission of an offence under the said excise act. ..... that was a case under the maharashtra foodgrains (export control) order, 1966. ..... as regards applicability of provisions of probation of offenders act, he submitted that the provisions of the said act should not be applied to such case of economic offence which is against the society and particularly when there are no circumstances brought on record to justify the release of the appellant on probation.7. ..... section 10-a of the essential commodities act, 1955 was introduced by amending act 36 of 1967 and was made applicable from 30th dec, 1967 whereby the offences under the act were made cognizable. ..... section 54 of the said act empowers certain officers like excise commissioner or a deputy commissioner or any police officer of a particular rank to exercise the power of search and seizure without warrant from the magistrate in certain conditions so that the offender is not afforded any opportunity of escape or of concealing evidence. ..... on 27-10-1988 he sent one filled gas cylinder to the ballistic expert, bombay for examination. .....
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