Court : Karnataka
Reported in : 1993CriLJ1316; ILR1992KAR2725; 1992(4)KarLJ240
..... a plain reading of the foregoing amendments makes it quite clear that shortly stated jhar sections 12-a and 12-aa presenting required offences arising under the act, that were formerly tried by a magistrate would, following the amendment of the act, in 1982 be tried by a special court comprising of a sessions judge with a minimum standing of one year who would try all the offences formerly triable by a magistrate under the essential commodities act. ..... in that context his lordship also held that cases under the essential commodities act had to be initiated only before the special court the special judge was the repository of all powers in the matter of entertainment, trial and disposal of such cases. ..... 7 of the essential commodities act, and therefore the stoppage of proceedings that had not yet culminated in a charge-sheet filed within six months from the date of commencement of the investigation was clearly ..... therefore seems to us regard being had to the scheme of the legislation, its aim and object, the changes wrought into the texture of the essential commodities act, the circumstances that followed the amendment, with all cases arising under the act being amenable to a single procedure to be followed in the trial of any case with the duty to impose a sentence extended to 2 years only. ..... (1983 cri lj 1748) (madras) (v) state of maharashtra v. p. c. ..... tatyaji (1986 cri lj 332) (bombay) does not appear to have been brought to the notice of the court that decided the said ishwarappa's .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1701; 1992(2)BLJR1319; 1992CriLJ2717; JT1991(6)SC431; 1991(2)SCALE1273; (1992)1SCC225; [1991]Supp3SCR325
..... and also contending that the charges against him require the sanction under that very section.d) the ambiguity prevailing as to the particular special judge competent to try this case after april, 1988, and the issuance of notification under section 7(2) of criminal law amendment act only in ..... the very fact that the advocate-general of maharashtra, the government of maharashtra and two learned judges of the bombay high court thought that a notification under the 1952 act was 'necessary' for proceeding with the case also goes to show that the said view was not without ..... 79 charges and commenced the trial. ..... and section 5 of 1947 act) on the basis of a private complaint; and(ii) where there is more than one special judge for an area, in the absence of a notification by the state government specifying the local area under section 7(2) of 1952 act, sri bhutta had no jurisdiction to entertain criminal ..... according to these decisions, counsel submitted, it was the duty of the prosecution in this case to place the earlier version and the evidence collected by them in that behalf also before ..... underlying the right to speedy trial from the point of view of the accused are :(a) the period of remand and pre-conviction detention should be as short as possible. ..... in short, it is not possible in the very nature of things and present day circumstances to draw a time limit beyond which a criminal proceeding will not be ..... the delay is of three months), though short, indicates the prosecutorial malovolence. .....
Tag this Judgment!Court : Rajasthan
Reported in : 1991WLN(UC)187
..... it was contended that the provisions of section 36a of the act which have been incorporated in the act by an amendment in the year 1989 are mandatory in character and they override the provisions of section 167(2) cr.p.c. ..... sessions judge was competent to entertain this case after commitment or not because for decision of this controvers, as to whether the detention of the petitioners is illegal on not, the crucial date which has to be taken into consideration is the date when the return has been filed by the state and the consideration of legality of the earlier remand orders which have been granted by the learned chief judicial magistrate and addl. ..... this habeas corpus petition has been filed by petitioners chunnilal and dalchand through one madhs, who happens to be the brother-in-law looser of detenu chunnilal and dalchand, who were lodged in district jail chittorgarh in a case under sections 8/18 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act').2. ..... state of maharashtra 1989 cr.l.j. ..... joshi has placed reliance on a decision of the bombay high court in suryakant ramdas more v. ..... once, the rule is issued it is the bounden duty of the court to satisfy itself that all the safeguards by the law have been scrupulously observed and the citizen is not deprived of his personal libearty otherwise than in accordance with law.there is no quarrel about this principle that the detaining authority has to show that the detantion is illegal. .....
Tag this Judgment!Court : Gujarat
Reported in : (1991)1GLR634
..... preferred to say thus:the only failure of plaintiff failed to take action against defendant within six months from date of act complained of, and the filing of complaint as public servant is really an act done in discharge of his duty and so it is protected under sections 160-161, bombay police act.at para 14 of the judgment the learned trial judge says thus:as for other injuries found on plaintiff the plaintiff failed ..... has expressed as under:for example, if a police officer is prosecuted for an offence under section 323 of the indian penal code said to have been committed in making an arrest, the prosecution must fail unless commenced within six months of the act complained of, as required by section 161(1) of the bombay police act.therefore, from the above said observations, it may appear that if the allegation against the ..... section 161 of the act of 1951, are as under:(1) in any case of alleged offence by the commissioner, a magistrate, police officer or other person, or of a wrong alleged to have been done to such commissioner, magistrate, police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit shall not be entertained ..... been served on the defendant and the date of such service, and shall state whether any, and if any, what tender or amends has been made by the ..... maharashtra .....
Tag this Judgment!Court : Mumbai
Reported in : (1992)IILLJ657Bom; 1991(1)MhLj1359
..... and the facts and circumstances of the case, undisputedly, indicated that it was nobody's intention to amend the standing orders or vary them and that this was the one-time operation for which notice under section 9a of the industrial disputes act was given because it is clearly covered by the item 11 of the fourth schedule to the industrial disputes act ..... act, then no proceedings shall at any time be entertained by any authority in respect of that matter under the central or, as the case may be the bombay act; and if any proceedings in respect of any matter within the bombay act, then no proceedings shall at any time be entertained by the industrial or labour court under this act ..... by the 2nd respondents, who have miserably failed in their duty vis-a-vis their members and all the employees of the company whom they sought to bind ..... undoubtedly, where one or the other party has commenced or is in the process of prosecuting proceedings in respect of a ..... and the secretary for labour and that it was for this reason that the conciliation was directed to the highest officer of the department, namely, the commissioner of labour, the gravity of the matter suddenly diluted after that stage and in the course of three short meetings, of which significantly no record whatsoever is available, a settlement of such immense and ..... and 10 of schedule iv and 2-b of schedule ii of the maharashtra recognition of trade union and prevention of unfair labour practices act, 1971 (hereinafter referred to as the act .....
Tag this Judgment!Court : Mumbai
Reported in : [1991(63)FLR382]; (1992)ILLJ248Bom; 1991(1)MhLj318
..... on february 13, 1985, the rashtriya mills mazdoor sangh, a representative union for the local areas of the cotton textile industry in greater bombay, sent an approach notice under section 42(4) of the bombay industrial relations act, 1946, in respect of 1,654 employees, including the petitioners, on the basis that the management had illegally refused to assign work to ..... which, therefore, arises for my consideration is as to whether the interim order dated august 26, 1986 (exhibit 'a' to the petition) passed by the labour court in the application under section 78 and 79 of the bombay industrial relations act, 1946, can be described as a settlement or an award. ..... of the matter, i have no choice left other than to dismiss this petition, as i find that the commissioner of labour has no jurisdiction to entertain an application for execution of the interim order exhibit 'a' to the petition under section 33c(1) of the i.d. ..... order dated august 26, 1986 provided that if work was not assigned to the workmen by the date fixed, it will be treated that all the employees were on duty with full back wages and accordingly they would be entitled to get the said wages. ..... the petitioners thereafter amended the petition and the challenge which now survives for consideration of this court is the challenge to order dated september 23, 1987 passed by the assistant ..... and severally from the national textile corporation (south maharashtra ..... the short facts and circumstances leading to filing of this petition .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1991Bom105; 1991(1)BomCR130; II(1991)DMC125
..... :'13b(1) subject to the provisions of this act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the marriage laws (amendment) act, 1976, on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that ..... this section was introduced by the amendment act of 1976 and is pari materia to the analogous provisions contained in the special marriage act, 1954. ..... a strong grievance has been made before us, in several cases, that have come up in appeal, from the family courts at pune and at bombay that the representation by advocates is not being permitted and that avoidable situations have arisen because the cases have gone by default and have had to be either remanded by the high court or entertained in appeal. ..... unlike other forms of litigation, the matrimonial courts constitute a specialised forum which is duty bound to act in consonance with the needs of the hour, namely, to provide quick and efficient justice to parties who have already gone through the trauma of a broken marriage.14. ..... after incorporation of this provision, a duty is cast on the court, where the ingredients of the section are satisfied, to pass a decree without going into an investigation of other extraneous issues. .....
Tag this Judgment!Court : Mumbai
Reported in : 1990(3)BomCR437
..... devadasi kalia and others by amending act being maharashtra act 18 of 1982 which came into force from july 1, 1982, the parties to the dispute were permitted to directly approach the co-operative court without reference to the registrar of the co-operative court. ..... initially, the disputes were referred to the registrar only, but by amending act, being maharashtra act iii of 1974 which came into force from march 1, 1975 the system of co-operative courts was introduced. ..... sub-section (3) of section 91 of the act provides that no court shall have jurisdiction to entertain any suit or other proceedings in respect of any dispute referred to in sub-section (1). ..... the resolution sets out that co-operative courts were established in the year 1975 in replacement of the system of appointing officers on special duty to deal with arbitration cases filed under section 91 of the act. ..... rule a judge of the co-operative court, if he is already in government service at the time of his appointment, shall continue to be governed by the service conditions rules applicable to him before such appointment and if he is a direct recruit, by the bombay civil services rules made by the state government.4. ..... indeed, the constitutional agency has shielded the courts in our country with many built in safeguards and expects the courts to discharge the duties solely guided by the doctrine of conscience and principles of constitution. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2227
..... the drugs and cosmetics act in the amended first schedule after the amendment act of 1964 included ayurvedic (including siddha) and unani system drugs prepared under section 3(a) which contains the definition: 'ayurvedic (including siddha) or unani drugs includes all medicines intended for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings and animals, mentioned and process and manufacture exclusively in accordance with the ..... purported pursuance of the said explanation and/or upon the basis thereof, a circular dated may 31, 1962 was issued by the then director of prohibition and central excise, government of maharashtra, bombay which, inter alia, directed that the medicinal preparations containing self-generated alcohol but not capable of being consumed as alcoholic beverage were to be treated as products falling under item 1 and not item 3 of the schedule. ..... . must depend upon its terms and no theory of its purpose can be entertained unless it is to be- inferred from the ..... under the provisions of the medicinal and toilet preparations (excise duties) act, 1955, hereinafter referred to as 'the act', which came into force on 1st april, 1957, excise duties were levied on medicinal and toilet preparations specified in the schedule to the act, hereinafter referred to as 'the ..... proprietor is one who has the legal right or exclusive title to anything. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1990)LC116Tri(Delhi)
..... it has been amended from time to time and some important amendments were made by the sea customs (amendment) act, 1955. ..... among them, appear to indicate a way of approaching the problem that is before us: (i) a rival inn-keeper is not such "aggrieved person" by reason of a new licence being granted within a short distance of his premises; (ii) a local authority which is ordered to pay the costs of an appeal...is a person aggrieved and may, therefore, appeal against the decision; (iii) "person aggrieved" does not include the secretary of tenants' association, who is neither the owner nor the occupier of a compulsorily ..... shri kantawala, the learned advocate for northern plastics submitted that hpf are not "aggrieved persons" within the meaning of section 129-a of the customs act,1962 and that they have no right to file appeals against the orders passed by the two collectors. ..... third, the function of the bar council in entertaining complaints against advocates is when the bar council has reasonable belief that there is a prima facie case of misconduct that a disciplinary committee is entrusted with such inquiry. ..... the importation at bombay was also allowed on similar terms.northern plastics offered to pay duty at the full rate and produced an additional licence. ..... much was said about the judgment of the hon'ble supreme court in bar council of maharashtra v. m.v. ..... he cited the following judgments to support his arguments.bar council of maharashtra v. v.m. .....
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