Judgment Search Results Home > Cases Phrase: bombay borstal schools act 1929 maharashtra Court: chennai Page 1 of about 18 results (0.097 seconds)

Sundaresan Alias Meganathan Alias Mega Vs. State

Court : Chennai

Reported in : 1993CriLJ3342

..... transpiration of life, the petitioner is not entitled to the benefit of section 2(4) of the punjab borstal school act since the offence is under section 302, i.p.c. ..... substance in respect of which he has reason to believe an offence punishable under chapter iv has been committed, and, along with such drug or substance, any animal or conveyance or article liable to confiscation under this act, any document or other article which he has reason to believe may furnish evidence of the commission of an offence punishable under chapter iv relating to such drug or substance; (b) detain and search any person whom ..... entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and (d) detain and search, ..... state of maharashtra , learned single judge of bombay high court has observed the question of non-compliance with provisions of sections 41 to 58 can be looked into even at the stage of bail and that non-compliance with procedural ..... maharashtra ..... contention raised by the learned government pleader wherein the learned government pleader relied on the judgment reported in state of maharashtra v. ..... learned single judge of bombay high court observed as follows ..... bombay .....

Jayavel Vs. State

Court : Chennai

..... under the j.j.act, at the most, a juvenile in conflict with law can be detained in a special observation home up to 3 years whereas under the borstal schools act, an 'adolescent offender' shall be kept in a borstal school for not less than 2 years, but not more than 5 years but in no case beyond 23 years of his age (see s.victoria ..... under j.j.act, on the date when the offence was committed the 'juvenile in conflict with law' must be 'below 18 years', whereas under the borstal schools act, on the date of conviction the 'adolescent offender' must be 'above 18 years but below 21 ..... is distinction between juvenile justice act and borstal schools act. ..... . state of maharashtra & another [2011(13)scc 744], the accused was found guilty under sections 396, 506, 341, 379 r/w 120-b of ipc and section 25(1-b) , 5 r/w 27 of the arms act, apart from the other sentence of imprisonment, he was also sentenced to life and his sentences were confirmed by the bombay high court in the criminal appeal filed by him and the honourable supreme court also dismissed his special leave petition ..... . state of maharashtra [2011(13) scc 744], the conviction and sentence recorded as against the appellant were confirmed by the bombay high court and their special leave petition (criminal) was dismissed by the honourable supreme court and thereafter, the accused filed habeas corpus petition under article 32 of the constitution of india before ..... state of maharashtra,[2007(11)scc 420:(2008)1 scc(cri)748,] vimal chadha .....

Kamalesh Kumar Sheth Vs. The Inspector of Police, Central Crime Branch ...

Court : Chennai

..... sube singh's case (supra) was decided under borstal schools act, 1925 after the accused was convicted and sentence was imposed upon him ..... the provisions of borstal schools act, 1925 are not in pari materia with section 167 cr.p.c ..... this court posed to mr.amit prasad the judgment of the bombay high court in state of maharashtra v. ..... 14.while dealing with a case relating to the punjab borstal act, 1926, this court held that a person convicted under section 302 ipc and sentenced to life imprisonment is not entitled to the benefit of section 5 of the said act as the offence of murder is punishable with death. ..... following passage from the principles of statutory interpretation by justice g.p.singh (6th edition, reprinted in 1997) at page 197 is worth quoting: "however, it is not a sound principle of construction to interpret expressions used in one act with reference to their use in another act, and decisions rendered with reference to construction of one act cannot be applied with reference to the provisions of another act, when the two acts are not in pari materia (nippon yusen kisha v. ..... though there is separation of executive from the judiciary under the 1973 code, yet certain instances of magistrates acting in aid of investigation of the offences is still retained, and thus provisions have been fitted into chapter ..... section 167 of the 1973 code was amended by the code of criminal procedure amendment act, 1978 whereby the present avatar of section 167 prescribing 60/90 days came into force .....

Commissioner of Income Tax Vs. P. Visalakshi

Court : Chennai

Reported in : (1996)130CTR(Mad)488; [1996]217ITR282(Mad)

..... narayan rao sham rao deshmukh (supra), the supreme court considered the definition of 'family' in the maharashtra agricultural lands (ceiling on holdings) act (27 of 1961) and the effect of the same upon a joint hindu family under the hindu succession act and answered the contention that on the death of the father, the family became disrupted or divided and the son, the mother and the grandmother, ceased ..... - (a) if there is only one executor, then, as if the executor were an individual; or (b) if there are more executors than one, then, as if the executors were an aop; and for the purposes of this act, the executor shall be deemed to be resident or non-resident according as the deceased person was a resident or non-resident during the previous year in which his death took place. ..... noting the consensus that the phrase huf is used in the statute with reference, not to one school only of hindu law, but to all schools, outside the limits of the coparcenary, there is fringe of persons, males and females who constitute an undivided or joint family; there is no limit to the number of persons who can compose it ..... cwt : [1977]107itr326(mad) and its own assessment of the law on the subject the bombay high court in this judgment referred to the abovecited judgment and observed as follows : 'now, that was a case in which the husband of the assessee had died and the ..... the hindu law of inheritance (amendment) act, 1929, conferred heirship rights on the son's daughter, daughter's daughter and .....

Meharraj Vs. 1)The State of Tamil Nadu,

Court : Chennai

..... ; (24)for regulating the transmission of appeals and petitions from prisoners and their communications with their friends; (25)for the appointment and guidance of visitors of prisons; (26)for extending any or all of the provisions of this act and of the rules thereunder to subsidiary jails or special places of confinement appointed under section 541 of the code of criminal procedure, 1882 (10 of 1882), and to the officers employed, and the prisoners confined, therein ..... of the central prison and borstal schools, pudukkottai. ..... prison-offences; (2)determining the classification of prison-offences into serious and minor offences; (3)fixing the punishments admissible under this act which shall be awardable for commission of prison-offences or classes thereof; (4)declaring the circumstances in which acts constituting both a prison- offence and an offence under the indian penal code (act 45 of 1860)may or may not be dealt with as a prison-offence; (5)for the award of marks and ..... provided that in respect of accused or undertrial prisoners under the terrorists and disruptive (prevention) activities act 1987 (central act 28 of 1987) the relatives and friends, who desire to interview them, shall produce a certificate from the concerned village administrative officer or member of legislative assembly of the constituency concerned as to the ..... . the state of maharashtra and others, reported in 1993 (3) bomcr717 the ..... to consider a judgment of the bombay high court in danial h.walcott .....

In Re: Marudamuthu Padayachi Alias Mottayya Padayachi

Court : Chennai

Reported in : AIR1931Mad820; (1931)61MLJ358

..... the joint magistrate upheld the conviction of both the accused and sentenced the 1st accused to be detailed in the borstal school, palamcottah, for a period of two years and the 2nd accused to undergo rigorous imprisonment for six months under each of the sections 461 and 380, indian penal code, the sentences to run concurrently. ..... the question raised was whether under section 30 of the evidence act the confession of the 1st accused who was jointly tried with the appellant here could be considered by the court against the appellant. ..... 483, and a decision of the bombay high court in emperor v. ..... section 30 of the evidence act creates a very marked exception to the fundamental principles of the criminal law and as such must be strictly construed in favour of an accused person. ..... 1929 m. ..... 1929 m. ..... the legislature in india saw fit to create an exception which is contained in section 30 of the evidence act. ..... , it is clear, comes to the decision with considerable hesitation that such a confession can be considered under section 30 of the evidence act. ..... , held that such a confession could not be considered by the court as against the other accused person or persons under section 30 of the evidence act. .....

Esakkithevar, Aged 61, Vs. 1.State Represented By,

Court : Chennai

..... respondent no.16/bdfgissv/2014, dated 03.06.2014, by setting aside the said order of detention passed by the first respondent and setting the detenu m.balavignesh alias bala, s/o.murugan, aged 21 years, at liberty now detained in the borstal school, pudukottai. ..... the reason for immediate consideration of the representation is too obvious to be stressed - the personal liberty of a person is at stake and any delay would not only be an indifferent act on the part of the authorities, but would also be unconstitutional, violating the right enshrined under article 22(5) of the constitution of india of a detenu to have his representation considered with reasonable ..... the adverse notice of the police in two case, registered in cr.nos.964/2013 and 301/2014, under sections 147, 148, 341, 294(b), 324, 307, 506(ii) ipc and section 3(2)(v) sc/st (prevention of atrocities) act, 1989 altered into 147, 148, 341, 294(b), 324, 307, 506(ii) ipc and section 3(i)(x) and 3(2)(v) sc/st (prevention of atrocities) act, 1989 and 147, 148, 294(b), 342, 323, 324, 307 and 506(ii) ipc respectively on the file of palayamkottai p.s. ..... state of maharashtra, reported in (2013) 4 scc435 after considering a catena of decisions, the hon'ble apex court, finding that there was a delay in considering the representation, held that the continued detention is illegal ..... state of maharashtra (2006 (12) scc211= 2007 (1) scc (cri) 680 ..... the explanation that he remained away from bombay is certainly not a reasonable explanation.". .....

Bajaj Auto Ltd., State of Maharashtra Rep. by S. Ravikumar Vs. Tvs Mot ...

Court : Chennai

Reported in : (2008)ILLJ726Mad; LC2008(1)217; 2008(36)PTC417(Mad)

..... of the invention so that any variant would fall outside the monopoly claimed, even though it could have no material effect upon the way the invention worked.55. the effect of patent granted under the act and its consequential user apart from a third person using the patented product in the substance equivalent to the patented article has been dealt with by the division bench of delhi high court ..... was amended by way of substitution, the patentees right is better protected than what was in existence in the said provision before the amendment.according to him, after the said amendment and as section 48 of the patents act, 1970 stands today, it should be treated that once a patentee files a suit for infringement based on the patent granted to him, it should be prima facie presumed to be valid until the same is revoked or set ..... and that makes the invention not obvious to a person skilled in the art.therefore, an 'inventive step' which is a necessary ingredient of invention in order to make an applicant eligible for grant of patent under the act must be relating to an invention involving technical advance or having economic significance or both along with a necessary factor that such invention should make it 'not obvious to a person skilled in the art.31. ..... at this stage, it is relevant to point out one other judgment of the bombay high court in farbweke hoechst aktiengesellschaft vormals meister lucius & bruning a ..... ltd. air 1929 pc 38, as follows:the test of anticipation has been .....

Mariappan Vs. A.R. Safiullah,

Court : Chennai

Reported in : 2008(5)CTC97; LC2008(3)431; (2008)6MLJ1117; 2008(38)PTC341(Mad)

..... out in his favour;(b) the patent which is subject matter of the present dispute is not a novel or patentable invention;(c) the applicant/plaintiff has merely copied prior art;(d) the suit filed is only confined to the patents act and all relief including the relief of passing off is only claimed vis-`-vis, the registered patent;(e) the design of banana leaf registered in favour of the applicant/plaintiff is not a valid one;(f) the validity of new ..... selling or importing for those purposes that product in india section 48(b) says thatwhere the subject-matter of the patent is a process, the exclusive right to prevent third parties, who do not have his consent, from the act of using that process, and from the act of using, offering for sale, selling or importing for those purposes the product obtained directly by the process in india.therefore, the interim order granted by this court in o.a. no. ..... . admittedly, in the case on hand, pre and post grant oppositions had been raised in respect of the patent granted to the applicant/plaintiff and under section 43 of the patents act 1970, it is open to a party who is opposing the patent to prove that there are no inventive steps in the invention of the patent and therefore, the patent granted need not be taken into consideration at least at the time ..... , state of maharashtra rep. by ..... in air 1936 bombay 99 - lallubhai chakubhai jariwala ..... king(ii) air 1929 pc 38 - pope appliance corporation ..... in air 1929 privy council 38 - pop appliance corporation .....

P. Kasinathan and ors. Vs. Chief Secretary to Govt. of Madras and anr.

Court : Chennai

Reported in : AIR1967Mad21

..... may provide for) 'the apprehension and detention in custody of any person whom the authority empowered by the rules to apprehend or detain.....................suspects, on grounds appearing to that authority to be reasonable, of being of hostile origin or having acted, acting, being about to act or being likely to act in a manner prejudicial to the defence of india and civil defence, the security of the state, the public safety or interest, the maintenance of the public order, india's relations with foreign states, the maintenance ..... orders of detention, also assailing those orders upon relate grounds, such as the detention of the writ petitioners in prison against the spirit and purport of the delegated power, restrictions imposed in violation of s.44 of the defence of india act, the illegality of the subsequent orders of review made without an opportunity given to the detenus to show cause against the continuance of the detention, the service of detention orders in some cases on persons already in jail custody, contrary ..... in the state list(list ii of the vii schedule), item 4 is 'prisons, reformatories, borstal institutions and other institutions of a like nature, and persons detained therein'. ..... state of maharashtra : 1964crilj222 . ..... the supreme court observed that the bombay conditions of detention order 1951, are not privilege conferred on the detenu, but the terms of the restrictions on his liberty. ..... : [1959]1scr1440 , board of high school and intermediate education u.p. .....