Court : Mumbai
Reported in : AIR1977Bom99
..... follows;'section 44-b: notwithstanding anything contained in this act or any law for the time being in force no pleader shall be entitled to appear on behalf of any party in any proceedings under this act before the authorised officer, the tribunal, the collector, the commissioner, the state government or the maharashtra ..... the classification of land and fixation of the uniform ceiling in the schedule along with the definitions of section 2 (5) and section 5 shows patent and invidious discrimination and a preference to certain persons who may happen to hold land in better located and fertile areas of the state ..... two main submissions, as we indicated above, are discernible, one based on second proviso appended to article 31-a and second on the aspect of the family unit as contemplated by section 4 of the act along with certain other provisions set out as said to be not satisfying the concept of agrarian reform ..... its exercise in terms found to be open to judicial scrutiny and judicial review available in the indian constitution, because the words of article 368 indicated certain ambiguous results and because the indian parliament was merely conferred with the amendatory power which by its very nature is limited, the court found that there ..... protection against arrest and detention and lays down the mandatory procedure when a person is arrested and ..... . state of bombay, : [1955]1scr691 was not eventually approved in the later judgments by the supreme court in golak nath's case it is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(5)SC425; 2006(5)SCALE250; (2006)5SCC228; 2006(1)LC739(SC)
..... suppression of immoral traffic in women and girls act, 1956; or(d) of any offence under section 25, section 26, section 27, section 28 or section 29 of the arms act, 1959; or(e) of any offence under section 135 of the customs act, 1962; or(f) of any offence under section 61, section 63 or section 66 of the punjab excise act, 1955, as in force in delhi; or(g) on two or more occasions of an offence under- (i) the opium act, 1878; or (ii) the dangerous drugs act, 1930; or (iii) the drugs and cosmetics act, 1940; or(iv) section 11 of the bombay prevention of begging act, 1959, as in force in delhi; or(h) on three or more occasions of an offence under section 105 or section 107 of this act,the commissioner of police may, if he has ..... (6) without prejudice to the foregoing provisions, the commissioner of police, while issuing notice to any person under sub-section (2) may issue a warrant for his arrest and the provisions of sections 70 to 89 (both inclusive) of the code of criminal procedure, 1973, shall, so far as may be, apply in relation to such warrant. ..... a reasoned order containing a discussion of the evidence led against the externee would probably spark off another round of tyranny and harassment.in state of maharashtra and anr. v. ..... removal of persons convicted of certain offences. ..... a little play in the joints is certainly permissible while dealing with such matters.11. .....
Tag this Judgment!Court : Mumbai
Reported in : [1982]137ITR20(Bom); [1984]55STC186(Bom)
..... on 9th august, 1972, the petitioners made an application to the commissioner of sales tax under section 52(1) of the act for determination by the commissioner whether the aforesaid articles manufactured and sold by the petitioners were cotton fabrics as defined ..... this writ petition by setting aside the impugned order of the commissioner of sales tax, maharashtra state, dated 2nd february, 1973, and the order and judgment of the maharashtra sales tax tribunal, bombay, dated 22nd march, 1974, in appeal no. ..... though the petitioners had an adequate alternative and equally efficacious remedy of coming in reference under section 61 of the act to this high court, the petitioners chose not to do so, but instead filed the ..... that this amended definition has on the petitioners' case, it would also be convenient to refer to certain provisions of the act to which also unfortunately the attention of the learned judges was not drawn, namely, clauses (17) and (26) of section 2 of the act. ..... ' as the amended definition has been retrospectively inserted in the excise act with effect from 1st march, 1955, it is on the basis of this amended definition that the present writ petition would fall ..... that though the word 'include' was undisputably a word of enlargement, but it, like any other word, has to be understood against the background and context in which it was used. ..... hand pointed out that there was nothing uncommon in a statute containing a provision that certain words should bear a particular meaning. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC816; (1963)65BOMLR341; 1963MhLJ574(SC); [1963]Supp(1)SCR501
..... in this appeal by special leave from the judgment of the bombay high court the question which arises for consideration is whether the chief presidency magistrate, bombay, could not take cognizance of a complaint against the appellant for an offence under s. ..... 479-a does not contain an exhaustive and self-contained procedure relating to all classes of perjury but only applies to a case where the court acts sue motu at the time of declaring its judgment and records a finding that a person appearing before it as a witness had intentionally given false evidence or has intentionally fabricated false evidence. ..... 476 is a general provision dealing with the procedure to be followed in respect of a variety of offences affecting the administration of justice in so far as certain offences falling under sections 193 to 195 and s. ..... 89 of act 26 of 1955, s. ..... upon that view it would follow that even when the sessions judge is unable to say which of the two contradictory statements is false or even where he is of opinion that the statement before the committing magistrate is false it is for him and him alone to act under s. ..... the question then is whether he could act under this provision if he is unable to form an opinion one way or the other as to whether the evidence tendered at the trial is false or the evidence before the committing magistrate is false. ..... 476 it is the court which disposes of such judicial proceeding which primarily has to act under s. .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]39STC161(Bom)
..... the facts which have given rise to this reference under section 34(1) of the bombay sales tax act, 1953, made at the instance of the assessees are that at the relevant time the assessees were carrying on the business of supplying bobbins to textile mills ..... in about may, 1958, the manufacturers placed an order with the foreign suppliers' agents for importing certain quantity of wood of particular specifications from the said japanese suppliers. ..... the import policy and procedure under the import control order, 1955, for the april-september, 1958, licensing period, which is the period with which we are concerned, was notified in the gazette of india, extraordinary, dated 31st march, 1958, at pages 1 et seq ..... no person other than the licence-holder himself is permitted by the reserve bank of india to open letters of credit to make remittance of foreign exchange against the exchange control copy of the import licence. 2. ..... , bombay (indent or commission agents/dealers), to import goods are stated in the licence and open the letter of credit and make remittance of foreign exchange against the above licence to the extent of ..... letter of authority will authorise the person or firm in whose favour it is issued to operate licence on behalf of the licensee and to open letter or letters of credit against the exchange control copy. 11. ..... , it is not the question of a person entering into a transaction of sale failing to make a profit by reason of the market turning against him or incurring loss. .....
Tag this Judgment!Court : Mumbai
Reported in : (1970)72BOMLR585; 1971MhLJ1022
..... all the four accused under section 251a(2) of the code of criminal procedure in respect of an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 with which they were charged, as well as of the substantive offence under the said section 7 of the latter act.2. ..... the order of discharge passed by the learned magistrate in favour of the four accused on april 29, 1969 and order that charges should be framed against the accused in this case under section 120b of the indian penal code, as well as under section 7 of the essential commodities act, 1955, and the trial of the case proceeded with according to law. ..... section 251a was introduced by act xxvi of 1955 in order to ensure speedy disposal of warrant-cases instituted on police report without in any way prejudicing the accused, and held (para, 5) that all that the magistrate had to do at that stage was to see whether there was a reasonable basis or foundation for framing a charge, or in other words, whether the statements and the circumstances, if accepted, make out a prima facie case for which a charge could be framed against ..... he did not submit that the deviation order was retrospective in the sense that it condoned an offence, but submitted that it was retrospective as being an exemption, because the mills were told by the circular letter dated november 2, 1964 that they would be exempted if certain conditions were satisfied and there was, therefore, no offence at all. ..... bombay .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(6)ALT318; I(2003)DMC383
..... act, 1955-sections 13(1)(ia) and 9-divorce on the ground of cruelty-it is not necessary to establish that cruelty is such as to cause a reasonable apprehension that it would be dangerous for the petitioner to live with his spouse-though the petitioner could not establish prior to the filing of the petition but subsequent to the filing of the petition, the wife gave false complaints to the police in respect of alleged harassment made one year prior to leaving the matrimonial home, resulting in the arrest ..... sarbadhikary, 89 cwn 156, it has been held by a division bench of this court that lodging of complaint of commission of criminal offence against the husband who was a government official was very likely to cause an apprehension in the mind of the husband that the petitioner-husband, ..... of the petitioner-she filed also a complaint with women protection cell in respect of incidents happening one year back and thus maligning and harassing the petitioner-these acts certainly constitute cruelty and the court below is justified in ordering dissolution of marriage-further, for the same reasons the wife is not entitled ..... it has been held by a full bench of the bombay high court that the cruelty contemplated under section 13(1)(ia) of the hindu marriage act neither attracts the old english doctrine of danger nor the statutory limits embodied in old section 10(1)(b) of the same act and that the cruelty contemplated is a conduct of such .....
Tag this Judgment!Court : Delhi
Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131
..... 51.penalties (1)any person who contravenes any provision of this act, except chapter va and section 8j or any rule or order made there under or who commits a breach of any of the conditions of any license or permit granted under this act, shall be guilty of an offence against this act, and shall, on conviction, be punishable with imprisonment for a term which may extend to three years or with fine which may extend to twenty five thousand rupees ..... thereforee, the high court was wholly wrong it is view that the provision in sub-section (2) of section 14 of the act to the extent it made, the creditors who were entitled to get the scaled down debts from certain debtors would have the effect of depriving the creditors of security for the debt, was an unreasonable restriction under articles 19(1)(f) and 19(1)(g) of the constitution and that view called ..... the state of maharashtra by act 14 of 1961 amended inter-alia sections 367, 372 and 385 of the bombay municipal corporation act 3 of 1888 ..... africa or mammoth ivory had actually been dealing with indian ivory which resulted in illegal killings of indian elephant with the result that their population has gone down and in order to arrest their further depletion it was necessary to bring about the present amendments. mr. ..... and others, : [1960]2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the essential commodities act, 1955, violated article 19(1)(g). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC316; 1983LC2198D(SC); [1961]3SCR786
..... the sea customs act, 1878 (act 8 of 1878) (referred to hereinafter as the act), was amended by section 14 of act 21 of 1955 by the introduction of section 178a reading : '178a. ..... if in a prosecution for dealing in smuggled goods the onus could with constitutional propriety be cast upon the accused to prove that the goods were not smuggled, it is difficult to see any reasonable basis for the contention that where the offence charged against a person is not dealing in but possession of smuggled goods, there is a constitutional bar on the burden being so laid. 36. ..... these facts which justified the seizing officer to reasonably believe that the goods were smuggled would certainly impart a rational connection between the facts on which the presumption is raised and the fact to be proved, so that whatever other constitutional infirmity might attach to the impugned provision, the lack of rational connection is not one of ..... when anything is seized, or any person is arrested, under this act, the officer or other person making such seizure or arrest shall, on demand of the person in charge of the thing so seized, or of the persons so arrested, give him a statement in writing of the reason for such seizure or arrest. ..... before considering these submissions it is necessary to mention one point suggested in answer by the learned solicitor-general which has apparently found favour with the learned judges of the division bench of the bombay high court in pukhraj champalal jain v. d. r. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
..... umar, : 2000crilj4047 , it was held that the legislature engrafted special rule in section 106 of the evidence act to meet certain exceptional cases in which not only it would be impossible but disproportionately difficult for the prosecution to establish such facts which are specially and exceptionally within the exclusive knowledge of the accused and which he could prove without difficulty or inconvenience. ..... section 14c provides for some punishment for abetment of offences under section 14a or 14b ..... copies of several communications sent to the government of india by the state of assam requesting for repeal of the imdt act and also seeking appropriate amendment to the citizenship act, 1955, in order to declare the children of the illegal migrants entering into india after 1971 as foreigners, have also been filed. ..... section 14-c provides the same punishment for abetment of any one of the above offences. ..... section 4 says that any officer of police not below the rank of sub-inspector and any officer of the customs department empowered by a general or special order of the central government in this behalf may arrest without warrant any person who has contravened or against whom a reasonable suspicion exists that he has contravened any rule or order made under section 3. ..... turner and numerous other cases where it is an offence to do an act without lawful authority, the person who sets up the lawful authority must prove it and the prosecution need not prove the absence of lawful authority. .....
Tag this Judgment!