Judgment Search Results Home > Cases Phrase: bombay police amendment act 2008 maharashtra section 5 repeal of mah ord ix of 2008 and saving Court: madhya pradesh Page 1 of about 1 results (0.074 seconds)

Bhola Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2009(1)MPHT383

..... of the supreme court while dealing with the aforesaid proposition in the context of section 57 of the bombay police act which was in the following terms:(4) section 57 of the bombay police act reads as follows:removal of persons convicted of certain offences-if a person has been convicted-(a) of an offence under chapter xii, xvi or xvii of the indian penal code (xlv of 1860), or(b) twice of an offence under section 9 or 23 of the bombay beggars act, 1945 (bom. ..... court finds it proper to mention at this juncture that the rajya suraksha adhiniyam has been amended and the conviction for three times within a period of three years under section 4-a of the public gambling act has also been made a ground for externment vide notification in the extra-ordinary gazette ..... reply was filed on 7-3-2008 on behalf of the petitioner, the authority not convinced with the reply passed final order on 2-5-2008 in exercise of power under section 3(2) and sections 5 and 6 of the adhiniyam ..... the commission of an offence similar to that for which he was convicted, may direct such person to remove himself outside the area within the local limits of his jurisdiction, by such route and within such time as the said officer may prescribe and not to enter or return to the area from which he was directed to remove himself.were pleased to observe in paragraph 6 of state of bombay (now maharashtra) v. ..... substitution of a provision results in repeal of the earlier provision and its replacement by the new provision (see .....

New India Assurance Co. Ltd. Vs. Abidabai Wd/O Abid and ors.

Court : Madhya Pradesh

Reported in : (1996)IILLJ1040MP; 1996(0)MPLJ493

..... nothing can be read into the amending act which has not been indicated by it, when there is no ambiguity and the provisions of amending act are equivocal pointing to the direction indicated by the amending act.8. ..... waheedul hague abbasi (supra) for the purpose of canvassing his argument pointing out that the amending act has passed a welfare legislation and, therefore, should be given retro-spective effect. ..... is no scope for reading into the amending act something about which it is unambiguous and unequivocal. ..... 4 of amending act has retrospective effect ..... padma shrinivasan 's case (supra) supreme court held that the retrospectivability depends on the cause of action so far as statutory liability of the insurer is concerned and the liability of the insurer must be determined by the application of law introduced by the amendment which had come into force before the date of the accident. ..... gangabai (supra) single bench of this court held that the settled view of this court is that section 92-a of motor vehicles act, 1939 is not retrospective in its operation and will not apply to pending cases. ..... divisional controller, maharashtra state road transport corporation and ors. ..... shri dandvate, learned counsel forthe appellant also placed reliance on the division bench judgment of bombay high court in the matter of zubeda bano and ors. v. ..... reported in (1991-i-llj-66) wherein bombay high court held by considering the full bench judgment of assam high court in the matter of assam railways and trading co. .....

New India Assurance Co. Ltd. Vs. Abida Bai and ors.

Court : Madhya Pradesh

Reported in : 2(1996)ACC88

..... nothing can be read into the amending act which has not been indicated by it, when there is no ambiguity and the provisions of amending act are equivocal pointing to the direction indicated by the amending act.8. ..... waheedul haque abbasi (supra) for the purpose of canvassing his argument pointing out that the amending act has passed a welfare legislation and, therefore, should be given retrospective effect. ..... there is no scope for reading into the amending act something about which it is unambiguous and unequivocal. ..... 4 of amending act has retrospective effect.7 ..... in padma shrinivassan's case (supra) supreme court held that the retrospectivability depends on the cause of action so far as statutory liability of the insurer is concerned and the liability of insurer must be determined by the application of law introduced by the amendment which had come into force before the date of the accident. ..... ganga bai (supra) single bench of this court held that the settled view of this court is that section 92-a of motor vehicles act, 1939 is not retrospective in its operation and will not apply to pending cases. ..... divisional controller maharashtra state road transport corporation and ors. ..... reported in 1990 acj 923 wherein bombay high court held by considering the full bench judgment of assam high court in the matter of assam railways & trading co. ..... dandvate, learned counsel for the appellant also placed reliance on the division bench judgment of bombay high court in the matter of zubeda bano and ors. v. .....

S.K. Goyal Oil Mill and anr. Vs. Krishi Upaj Mandi Samiti, Indore and ...

Court : Madhya Pradesh

Reported in : AIR2000MP212; 2000(3)MPHT372

..... or brought the produce for sale in the market area;provided further that in case of commercial transaction between traders in the market area, the market fees shall be collected and paid by the seller);(provided further also that no fees shall be levied up to 31st march, 1990 on such agricultural produce as may be specified by the state government by notification in this behalf if such produce ..... or bought or sold by an agriculturist or trader, as the case may be, for the first time shall levy such market fees)(2) the market fees shall be payable by the buyer of the notified agricultural produce and shall not be deducted from the price payable to the seller;(provided that where the buyer of a notified agricultural produce cannot be identified, all the fees shall be payable by the person who may have sold ..... producing katha, a specified agricultural produce by processing khairwood, a natural produce grown in the farm, in our view, cannot claim exemption from the requirement of obtaining licence under section 4(3) and payment of levy under section 21 because they themselves have not grown the khairwood but have purchased the 'agricultural produce' khairwood grown by others and then processed the same to obtain katha even though katha itself is a specified agricultural produce. ..... certain amendments in section 19 of the act have been ..... (1994) 94 stc 220 (sc) (state of maharashtra v. ..... case with regard to payment of sales tax under bombay sales tax act, 1953. .....

Sunderlal Patwa Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : AIR1993MP214

..... may also be taken note of, as a settled legal position, that as the bar to judicial review imposed by the foregoing clause (5) in article 356 of the constitution was repealed by forty fourth amendment act, 1978, it can be held that the presidential proclamation is open to judicial review on the ground of illegality, irrationality, impropriety or mala fide or, in short, on the ..... serious disturbances and riots were also reported from bombay in maharashtra and ahmadabad and surat in ..... the manner in which the law and order situation has been handled in bhopal is not satisfactory, which may be viewed as both the act of commission and omission, serious reports of either police indifference or callousness or in adequate presence and even police indirectly fuelling the riot frenzy and mob fury have been received from a number ..... by the learned solicitor general, that failure on the part of the government to save the lives and properties of citizens in few cities in the state, as a result of sudden out-break of violence, could reasonably lead to the satisfaction of the president that the government was unable to function in accordance with the constitution of india and this court cannot sit on judgment over the same.32. ..... let us then look to the other aspect of matter as to whether the sections as are sought to be assailed on a very vague pleading of malice in fact, although we find more, or even if malice in law can be said to be inferred, the governor or for that matter shri kunwar mehmood .....

Kailashpati Kedia Vs. State of Maharashtra and ors.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ847

..... it is asserted that a case under sections 65(a), 65(b), 66(l)(b), 80, 81 and 108 of the bombay prohibition act, 1949 has been registered in maharashtra against some persons including the present applicant. ..... it has also been submitted that in certain provinces like uttar pradesh by the state amendment, the provisions of section 438, criminal procedure code has been withdrawn and, therefore, if jurisdiction under section 438 of the code is exercised by the courts having no jurisdiction over the matter anomalous position would be created and there may be conflict of jurisdiction leading to contradictory decisions.9. ..... section 77 authorises the officer to execute the warrant at any place in india.sections 78 and 79 of the code deal with the warrant forwarded for execution or directed to the police officer for execution outside the ..... sections 74 to 77 deal with the warrant directed to be executed by police officer and for bringing the offender to the ..... neither the section nor its marginal note so describes it but, the expression 'anticipatory bail' is a convenient mode of conveying that it is possible to apply for bail in anticipation of arrest.the distinction between an ordinary order of bail and an order of anticipatory bail is that whereas the former is granted after arrest and therefore means release from the custody of the police, the latter is granted in anticipation of arrest and is therefore, effective at the very moment of arrest ..... commissioner of police; (ii) 1984 cri.lj 714 .....

Atul Kumar Vs. the State

Court : Madhya Pradesh

Reported in : 1996CriLJ3301

..... . state of maharashtra : [1966]3scr365 , where the scope of section 154 of the maharashtra co-operative societies act, 1960 was under consideration ..... under the amended law, all that has been prescribed is that the police officer shall not go ahead with the investigation unless and until there is a direction given in this regard by the competent authority. ..... . it appears that as a matter of convenience, a practice has grown up under which the commissioner has been invited to act 'of his own motion' under the section and where this occurs a certain degree of formality has been adopted ..... direct a order passed by theexecutive magistrate sub-ordinate to commissioner of the divisionhim to proceed to collect the as prescribed authority eitherevidence of ensure against on its own motion or on referencedisappearance of the facts made by the prescribed authority,relating thereto and facts shall shall call for and examineforthwith be reported by the record of any casesuch executive magistrate pending before or disposedto the committing magistrate of by such authority andhaving jurisdiction ..... )'under this section.provided thirdly thatno direction shallbe issued under this sectionagainst a member of the judicialservice of the state save withthe prior concurrence of thehigh court. ..... ., bombay v .....

Ram Dayal Vs. Central Narcotic Bureau

Court : Madhya Pradesh

Reported in : 1992(0)MPLJ834

..... to be candid and categorical, it is to be stated at once that in rajnikant, provisions of ndps act whether of section 36a or of section 37 were not at all considered or interpreted as it was a pre-amendment case and, therefore, it had ..... however, when the accused is first produced before the special court on being forwarded to it by the magistrate and he applies for bail insisting that the 'ground' of his arrest disclosed to him under section 52(1) of the act is not a 'reasonable ground' within the meaning of section 37(1)(b)(ii), the 'special court' would be required to satisfy itself not only with respect of circumstances of the offence alleged but to the antecedents also of the arrested person to acquire ..... bombay high court in prahlad, 1990 (3) crimes 429, and the calcutta high court in mibia bibi, 1992 (1) crimes 762, refused bail paying due attention to the heinous nature of the offence, the scheme and object of the act ..... revenue intelligence invested with the powers of an officer-in-charge of a police station under section 53 of the act is held to be not a 'police officer' within the meaning of section 25 of evidence act. ..... state of maharashtra, air 1971 sc 44 holding the evidence act to be the complete code, excluding operation of any ..... the transport-route is the agra-bombay road; it comes from punjab and rajasthan mainly and goes to bombay. ..... was apprehended while travelling in a bus with an attache case, on agra-bombay road, near shivpuri. ..... decisions of bombay high court - abdul .....

Nilesh Kumar Vs. Bapulal and ors.

Court : Madhya Pradesh

Reported in : III(2006)ACC844; 2008ACJ331

..... vehicle constructed or adapted for use solely for the carriage of goods, or any motor vehicle not so constructed or adapted when used for the carriage of goods.further reliance was placed on section 147 of the motor vehicles act, wherein amendment has been made in section 147(1)(b)(i) of the act whereby the word 'including owner of the goods or his authorised representative carried in the vehicle has been inserted'. ..... further, reliance was placed on the definition of goods and goods carriage as defined under sections 2 (13) and (14) of the motor vehicles act, which reads as under:(13) 'goods' includes live-stock and anything (other than equipment ordinarily used with the vehicle) carried by a vehicle except living persons, but does not include luggage or personal effects carried in a motor car or in a trailer attached to a ..... court has held that since deceased persons were travelling with their goods in the capacity of owner of the goods at the time of accident, therefore, insurer cannot escape from the liability and his liability is statutorily covered under section 147 of the motor vehicles act and is jointly and severally liable to make payment of compensation.10. mr. ..... is placed on a decision of division bench of bombay high court in the case of maharashtra road transport v. ..... vehicle was seized by the police authorities and the best evidence could have been the seizure memo to prove that the goods which the claimants were possessing at the relevant time were seized by the police. .....

M/s. Technofab Engineering Limited and Others Vs. Bharat Heavy Electri ...

Court : Madhya Pradesh

..... in that background, the appellant claims that since the cause to present the appeal before this court arose after coming into force of amendment act of 2008, which is more beneficial legislation to the appellant, providing for upper limit of court fees to be paid on the memorandum of appeal, the appellant cannot be charged court fees on the ..... act no.6 of 2008 was to substitute article 1-a, as is explicitly mentioned in section 3 of the said act; and not to amend the ..... in the appeal of the state of maharashtra arising out of the bombay court fees act, 1959, the high court has struck down the impugned provisions on the ground that the levy of court fee on proceedings for grant of probate and letters of administration advalorem without the upper limit prescribed for all other litigants the court fee in the present case amounts ..... (air 1977 sc 879),the amended provision results in repeal and replacement of a legislative provision by a fresh enactment ..... held that when the statute is amended, the process of substation of statutory provisions consists of two parts:(i) the old rule is made to cease to exist;(ii) the new rule is brought into existence in its place.in other words, the substitution of a provision results in repeal of the earlier provision and its replacement by the new provision ..... substitution of a provision results in repeal of the earlier provision and its replacement by the new provision (principles of statutory ..... from supersession or a mere repeal of an existing provision. .....