Court : Delhi
..... (2011) 11 scc347(in each case by a bench of two hon ble judges) adopted the view that an officer, conferred with the power of a police officer under section 53 of the act, did not become, merely by virtue of that fact, ipso facto, a police officer, for the purposes of section 25 of the indian evidence act, 1982 and that, therefore, the statement recorded by such officer was admissible in evidence, so long as it was not found to have been extracted by coercion or by ..... page 3 of 32 according to the secret informer used to carry ganja for vinod jha, (viii) on being queried, the said co-passenger admitted that he was binod kumar @ bindu, (ix) a written notice, under section 60 of the act (ex.pw-10/a) was given to binod kumar, but he refused, (x) the tempo was found to be carrying five kattas which, on being searched, was found to contain ganja, (xi) the io interrogated binod kumar, whose disclosure statement was exhibited as ..... having assimilated the evidence in the manner aforementioned, the learned special judge proceeded, vide the impugned judgment, dated 3rdmarch 2016, to convict the appellant under section 20 of the act, entering, in the process, the following findings: (i) learned counsel for the appellant had sought to submit that the case was one of mistaken identity, in which the appellant was wrongly implicated ..... state of maharashtra, 2009 ..... submission entitled her client to acquittal, for which purpose she relies on the judgment of the bombay high court in shahaji mattapatti v. .....
Tag this Judgment!Court : Kolkata
..... . the petitioners suggest that since the many variants of tea have not been differently classified in the schedules to the said act, all forms of tea will be covered by the single entry, irrespective whether such tea is green tea or organic tea or herbal tea ..... . the state relies more on the judgment for it disagreeing with a view of the bombay high court that the blending of different brands of tea could not be regarded as ..... the petitioners assert, as long as the state does not make such a distinction, bitumen emulsion has to be regarded as being relatable to entry 14 in part i of schedule c to the said act covering bitumen and bitumen emulsion cannot be seen to fall under the residuary entry in a different schedule.20 ..... some time prior to that judgment, a dealer in this state applied under section 102 of the said act of 2003 before the commissioner of sales tax for determining the rate of tax applicable on the various varieties ..... . the supreme court referred to the provision in the kerala general sales tax act, 1963 which envisaged the consumption of a commodity in the manufacture of another commodity and observed that the test was whether the article produced is regarded in the trade, by those who deal in it, as distinct in ..... on a supreme court judgment reported at 2005 (140) stc17(state of maharashtra v. ..... . sales tax officer) has been placed by the state where the question was whether developing chicks into broilers brought about any change so as to produce a commodity with a .....
Tag this Judgment!Court : Supreme Court of India
..... public interest, like the trial of accused in the lockerbie bombings, have also been allowed to be 68 see appendix iii to the cameras and live text-based communication in the scottish courts: a consultation issued by the judicial office for scotland available on the official website of the scottish judiciary at: http://www.scotland-judiciary.org.uk/upload/documents/consultationdocument.pdf 69 [2005]. ..... . key takeaways emerge from the opinions in mirajkar: (i) open courts serve as an instrument of inspiring public confidence in the administration of justice; (ii) open courts act as a check on the judiciary; 12 part b (iii) publicity of the judicial process is the soul of justice; (iv) open justice must yield to the paramount object of the administration of justice, in case it becomes necessary to restrict access in the facts of a ..... any proceedings before the court, whether civil or criminal; or (b)publish any photograph, portrait or sketch taken or made in contravention of the foregoing provisions of this section or any reproduction of such photograph, portrait or sketch; and if any person acts in contravention of this section he shall, on summary conviction, be liable in respect of each offence to a fine not exceeding [f1 level 3 on the standard scale].. ..... . 10 almost two decades later, in olga tellis v bombay municipal corporation,20 a constitution bench of this court held that eviction of slum- dwellers violated their right to earn a ..... state of maharashtra and ors. .....
Tag this Judgment!Court : Supreme Court of India
..... to be an amount having the commercial effect of a borrowing; and (ii) the expressions, allottee and real estate project shall have the meanings respectively assigned to them in clauses (d) and (zn) of section 2 of the real estate (regulation and development) act, 2016 (16 of 2016); (g) any derivative transaction entered into in connection with protection against or 26 benefit from fluctuation in any rate or price and for calculating the value of any derivative transaction, only the market value of such ..... section 2(1)(m) which enumerates four categories, namely, (i) a firm whether registered or not; (ii) a hindu undivided family; (iii) a cooperative society; and (iv) every other association of persons whether registered under the societies registration act, 1860 (21 of 1860) or not while defining person cannot be held to be restrictive and confined to these four categories as it is not said in terms that person shall mean one or other of the things which are enumerated, but that it ..... it is thus clear that once a recovery certificate is issued by the presiding officer under sub section (22) of section 19 of the debt recovery act, in view of sub section (22a) of section 19 of the debt recovery act it will be deemed to be a decree or order of the court for the purposes of initiation of winding up proceedings of a company, etc. ..... (see state of maharashtra v. ..... state of bombay (now gujarat)3.12. .....
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