Court : Allahabad
Reported in : (1885)ILR7All79
..... ' by sections 30 and 31 of the same act, provisions were made similar to those to be found now in sections 54 and 57 of the present code, and all orders passed under the sections of the old code above referred to were appealable as orders, while, under the former, orders returning plaints for amendment, or to be presented to the proper court, are appealable as such, orders of rejection being appealable as decrees. ..... except for a ruling of the late chief justice of bombay, to which we will presently advert, and the opinion now expressed by our honorable colleague, oldfield, j. ..... if the legislature, in reproducing a provision of a repealed act into a new law, accompanies it by certain limitations and restrictions, it is, we should think, to be presumed that it did not go out of its way to introduce terms which were intended to have neither meaning nor effect. ..... surely when a time is expressed at or before which a, discretion may be exercised, it is only following another well-known rule of construction to hold that this excludes the notion that, save in specially excepted instances, it may be exercised afterwards. .....
Tag this Judgment!Court : Allahabad
Reported in : 1980CriLJ240
..... adulteration act, as amended by act 34 of 1976, the food inspector after taking the sample of food for analysis and dividing it into three parts and sealing the same in separate containers, according to the manner prescribed, has under section 11(1)(c)(i) to send one of the parts for analysis to the public analyst under intimation to the local (health) authority, and under section 11(1)(c)(ii) to send the remaining two parts to the local (health) authority for the purposes of sub-section (2) of this section and sub-sections (2-a) and (2-b) of section 13. ..... under section 11(3) of the amended act when a sample of an article of food is taken, a duty is cast upon the food inspector to send the sample to the public analyst by the immediately succeeding working day and he is further required to send the remaining two parts to the local (health) authority, for the purpose of being utilised under sub-section (2) of section 11 or under sub-section (2-a) or (2-e) of section 13, also not later than the succeeding working day under rule 17(b) added ..... under the amended act, section 2(viii-a) 'local (health) authority' in relation to a local area, means the officer appointed by the central government or the state government, by notification in the official gazette, to be in charge of health administration in such area with such ..... 197 'state of maharashtra v. ..... khamkar, a single judge of the bombay high court had acquitted the accused on the ground that the mandatory provisions of rule 18 of .....
Tag this Judgment!Court : Allahabad
Reported in : 1982(10)ELT857(All)
..... but in view of the fact that the maharashtra and karnataka high courts had taken a view in favour of the assessee, by holding that the cost of packing material cannot be included in the manufacturing cost, and the fact that the act had been amended, and the question was not of continuing importance, followed the decision of the maharashtra and karnataka high courts, and held in favour of the assessee. ..... was raised on behalf of the department that while considering the assessable value of an excisable article, the question as to whether the article can be sold in a loose condition without its being packed has to be taken into account, and in case the article is not normally sold in the wholesale market in a loose condition, but only in a packed condition, the process of manufacture of the article is not complete until it is put in a condition in which it is generally sold in the wholesale ..... what is worth noticing is that the bench was tentatively of the view that with the amendment of section 4 of the excise act by virtue of which packing cost could also be included in the assessable value, such costs would go towards determining the assessable value.7. ..... a similar view was adopted in another decision of the bombay high court in the case of maharashtra vegetable products p. ..... reliance was placed by the counsel for the petitioner on the decision of bombay high court in the case of indian tobacco co. ..... the bombay high court in the case of duphar interfrom ltd. v. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1986All56
..... advocates to practice - (1) an advocate shall be entitled as of right to practise - (a) subject to the provisions of sub-section (4) of section 9, in the high court of which he is an advocate, and (b) save as otherwise provided by sub-section (2) or by or under any other law for the time being in force in any other court and before any other tribunal or person legally authorised to take evidence, and (c) before any other authority or person before whom such advocate is by or under the law for the time being in force ..... notice that article 220 was amended by the constitution (7th amendment) act, 1956, whereby the absolute bar created by article 220 as it stood earlier was modified and a permanent judge of a high court after retirement was permitted to practice as an advocate before the supreme court and other high courts. ..... (3) nothing in this section shall be deemed to limit or in any way affect the power of the high court of judicature at fort william in bengal or of the high court of judicature at bombay to make rules determining the persons who shall be entitled respectively to plead and to act in the high court in the exercise ..... paritosh bhupesh kurmarsheth : [1985]1scr29 while dealing with the question of validity of regulation 104 of the maharashtra secondary and higher secondary education boards regulations 1977, it was held : --'in our opinion, this approach made by the high court was not correct or proper because the question whether a particular piece of delegated .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1991All145
..... sri rajiv gandhi ordered the uttar pradesh government and uttar pradesh police and government of mahara-shtra and police of maharashtra to post the police in the house of petitioner and watch the activities of the petitioner and thereby prevented the petitioner from doing the election cmpaign or thereby restricted the election campaign of the petitioner and thus increased further prospects of winning the election ..... have been, expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purposes of this sub-section: provided that nothing contained in this explanation shall affect- (a) any judgment, order or decision of thesupreme court whereby the election of acandidate to the house of the people or to thelegislative assembly of a state has beendeclared void or set aside before the commencement of the representation of thepeople (amendment) ordinance, 1974(ord. ..... of the government as may be prescribed: provided that where any person, in the service of the government and belonging to any of the classes aforesaid, in the discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for, to, or in relation to, any candidate or his agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the ..... of this effect was published in the marathi paper 'lok-satta' bombay and nagar news, sindhi daily of ulhas nagar. .....
Tag this Judgment!Court : Allahabad
Reported in : 1991CriLJ2239
..... this aspect of the matter a single judge of the bombay high court had observed that the session judge has jurisdiction to entertain the application for cancellation of bail and provision of section 439(2) of the code of criminal procedure were applicable.12. ..... it was observed by him:'if we read section 37(1)(b)(ii) of the said act, it virtually means that no person accused of an offence punishable for a term of imprisonment of five years or more under this act shall be released on bail or on his own bond unless the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit such offence while on ..... anything contained in the code of criminal procedure, 1973 (2 of 1974)--(a) every offence punishable under this act shall be cognizable;(b) no person accused of an offence punishable for a term of imprisonment of five years or more under this act shall be released on bail or on his own bond unless--(i) the public prosecutor has been given an opportunity to oppose the application for such release, and(ii) where the public prosecutor opposes the application, the court is satisfied that there are ..... state of maharashtra, 1990 cri lj ..... 2 to 4 are telegrams sent by the proprietor of the medical firm on 22-7-90, 29-7-90 and 11-10-90 alleging an apprehension from the hands of the sub-inspector vikram singh, station house officer, police station rakabganj, district agra. ..... this section as amended up to this date reads as .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ1358
..... maharashtra, air 1968 bombay 273 : (1968 cri lj 903) laying down that the position under section 96, bombay police act, 1951 is different that the general law under section ..... act being a central law and a special act, the provisions of section 36a will have overriding effect and section 96, bombay police act, 1951 would stand abrogated, meaning thereby, police remand could be granted under the provisions of section ..... the criminal procedure code to the contrary, the provisions of section 96(i)(ii) of the said act would govern grant of remand in greater bombay and police remand from time to time may be granted but not ..... , as to whether the order dated 3-12-1990 of the special judge, moradabad, moradabad remanding the petitioner to custody till further orders, and in connection with the cases, both at moradabad and bombay, the non-sanction of remand on the adjourned dates between 3-12-1990 and 11-7-1991 by the special judge, moradabad, render the petitioner's detention illegal, whether the orders of the special judge, moradabad refusing to ..... laying down that where a person is arrested and produced before the nearest magistrate as required under section 167(1) or forwarded under section 167(2) of the code can be remanded to police custody only during the first period of 15 days and not after expiry of the said period, but if there are any special amendments enlarging the periods of detention, different considerations may arise on the basis of the language employed in those amendments.38. .....
Tag this Judgment!Court : Allahabad
Reported in : 1993CriLJ2266
..... without his consent under circumstances not amounting to a physical invasion of his body in violation of due process.such rule applies with respect to the taking of a blood sample from accused, and the testing of accused's blood, breath, or urine for alcoholic content and consequent intoxication; and this is the rule even though accused was not warned at the time of giving a specimen that it might be used against him in a prosecution.in wigmore's classic commentary on evidence ( ..... section 53 of the code provides that when a person is arrested on charge of committing an offence of such a nature and alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person shall afford evidence as to the commission of an office, it shall be lawful for a registered medical practitioner acting at the request of a police officer not below the rank of sub-inspector, to make such an examination of the person arrested as is reasonably necessary in order to ..... state of maharashtra, 1981 cri lj 125, a division bench of bombay high court while considering the same question with reference to section 53 of the code observed as follows in para 17 of the report : ..... the fifth amendment of america constitution provides that no person shall be compelled in any criminal case to be a witness against himself ..... the primary duty of the court is to ascertain the truth and its powers are not curtailed or unlimited save as provided by the code. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1993All291
..... as aforesaid for such protection; or(ii) in respect of a point 22 bore rifle or an air rifle to be used for target, practice by a member of a rifle club or rifle association licenced or recognised by the central government;(b) a licence under section 3 in any other case or licence under section 4, section 5, section 6, section 10, or section 12, if the licencing authority is satisfied that the person by whom the licence is required has a good reason for obtaining the same.14. ..... that (1) in the prevailing conditions in india law and order is fast deteriorating, and the authorities are not giving adequate protection to the citizens (2) the arms act, 1959 was specifically made to liberalize the 'policy of grant of arms licences in view of the fact that india was a free country and no longer subject to british rule.we may now examine the relevant provisions of the arms act, 1959, section 2(c) of the act defines a firearm as follows :--' 'firearms' means ..... because when shots are fired the chances are that the spent cartridge (or cartridges) will fall on the ground and this can be recovered by the police, and by noting the markings on the spent cartridge the particular weapon from which the bullet was fired can be; ..... the 'due process' clause in the american constitution (vide 5th and 14th amendments) had created a lot of difficulties in america as it was a vague and fluid expression. ..... maharashtra : ..... were promulgated on 1-10-1962, and they repealed the earlier rules.11. ..... bombay municipal .....
Tag this Judgment!Court : Allahabad
Reported in : 1994CriLJ1919
..... question as to whether the validity of the law itself has to be gone into or not as it would be immaterial for the purpose of the proceedings of the present nature and it will be sufficient to say that it may be, that, where the act of legislature directing the detention is hit by any provision or fetters in the constitution the detention may be illegal but the mere thought that an arrest will lower the person ..... state section 438 is not on the statute book and the validity of the amendment deleting it, is not challenged before us, and has ..... to indicate is that till that stage the arrest is an incident of investigation and though it is limited, an addition to the good faith of the police officer the judicial review of the judicial authority, it cannot be said to be a judicial act of the police so as to be subject to the law relating to writ of certiorari, ..... 4):'we consider it absolutely unnecessary to make reference to the decision of this court and they are legion which have laid down that save in exceptional case where non-interference would result in miscarriage of justice, the court and the judicial process should not interfere at the stage of investigation.' 22. ..... state of maharashtra : [1966]3scr744 ).d) where the authority, being under an obligation to act judicially passes an ..... 1980 cri lj 258 bombay) (para 21):'this is admittedly a stage where the prosecuting agency is still investigating the offences and collecting evidence against the ..... bombay corporation : air1986sc180 and .....
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