Judgment Search Results Home > Cases Phrase: bombay prevention of begging act 1959 maharashtra section 5 summary inquiry in respect of persons found begging and their detention Court: guwahati

Hanuman Box Agarwalla Vs. Girish Chandra Gogoi and ors.

Court : Guwahati

..... section 5-a of the prevention of corruption act, 1947 prohibiting investigation of a case by a police officer below the rank specified in the section was mandatory in character, yet the trial which followed in violation of this section was not held to be null and ..... section 167(5) if charge sheet is not filed within a period of 6 months from the date of the arrest of the accused and where permission for extension of time has not been taken from the magistrate, the accused persons, if in jail, shall be released forthwith from detention ..... bombay high court also took this view in state of maharashtra ..... the court, therefore, directed the state of bihar to enquire into these cases and where it was found that the investigation was going on for a period of more than 6 months without satisfying the magistrate that for special reasons and for the interest of justice the continuation of investigation beyond the period of 6 months was necessary, the state ..... section 167(5) has put a fetter on continuation of investigation beyond the period of 6 months but it has not dealt with the question of taking of cognizance which aspect of the matter has been dealt with by section 190 which finds place in chapter xiv of the code dealing with conditions requisite for initiation of proceedings, whereas section 167(5) is a part of chapter xii whose subject matter is information to the police and their ..... with respect we do not agree with the bombay view expressed in tatyaji, 1986 cri lj 332 that non-passing of any .....

Centre of Medical and Sales Representatives' Union (North East Region) ...

Court : Guwahati

Reported in : (2009)IIILLJ513Gau

..... maharashtra act, we are of the view that taking into consideration the fact that a long time has lapsed since the filing of the complaint, it-is necessary that we exercise our powers under article 142 of the constitution, which we do hereby and direct the state government to treat the employee's said complaint as an industrial dispute under the id act and refer the same under section 10(1)(d) of the said act to the industrial tribunal, bombay ..... in writing:(a) refer the dispute to a board for promoting a settlement thereof; or(b) refer any matter appearing to be connected with or relevant to the dispute to a court for inquiry; or(c) refer the dispute or any matter appearing to be connected with, or relevant to, the dispute, if it relates to any matter specified in the second schedule, to a ..... claim of the workman with reference to the provisions of maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, directed the state government to refer the dispute under the act of 1947 as would be evident from para 40 ..... their own and not only that no purported agreement between the parties can oust the jurisdiction of the tribunal of the labour court constituted under the act of 1947 and it is well settled position of law that the parties cannot confer jurisdiction on a court which does not have the jurisdiction and at the same time cannot oust the jurisdiction of a court which has the same and if more than two courts; have territorial jurisdiction in respect .....

Kailash Chand Gaggar Vs. State of Assam

Court : Guwahati

..... lodged complaint under sections 7 and 16 of the prevention of food adulteration act, 1954 against the ..... on receipt of the part or parts of the sample from the local health authority, sub-section (2b) requires the court to ascertain that the mark and seal or fastening as reprovided in section 11(1)(b) are intact and the signature or thumb impression, as the case may be, is not tampered with, and despatch the part or, as the case may be, one of the parts of the sample under its own seal to the director ..... 193 (also reported in 1986 ker lt 1267), a learned single judge of the kerala high court held that the presumption under section 114 can be drawn only when there is some record of proceedings to show that the court at least substantially complied with the procedure under section 13(2b) of the act and since there was no such record the accused should be acquitted. ..... , as she then was, speaking for the full bench held :the official function of the court under this sub-section is to despatch under its own seal to the director of the central food laboratory the sample produced by the local authority on ..... maharashtra ..... bombay high court held that there was violation of section 13(2b) of the evidence act and ..... section 114 of the evidence act states that the court may presume existence of any fact which it thinks likely to have happened regard being had to the common course of natural events, human conduct and public and private business, in their relation to ..... the decision of bombay high court in .....

Thokchom Khoyon Singh Vs. Moirangmoyun Bira Singh and anr.

Court : Guwahati

..... , he attached the disputed land under section 146(1) of the code, after the parties had put in their written statements, the case was heard by the magistrate from time to time, while the case was pending before him, an act called the 'maharashtra vacant land (prohibition of unauthorised occupation and summary eviction) act, 1975, was enacted. ..... any likelihood of the breach of the peace with regard to the subject of dispute, the party not found in possession by the magistrate will have to seek the redress of his grievance, if any, elsewhere, if, however, the magistrate decides that none of the parties was in possession of the disputed property on the date of the order made under sub-section (1) of section 145 or if he is unable to satisfy himself as to which of them was then in possession of the ..... there can be no doubt that in substance and in effect a proceeding under section 145 of the code, as pointed out, by the supreme court in that case, is primarily concerned with the prevention of the breach of the peace by declaring the party found in possession to be entitled to remain in possession until evicted therefrom ..... preliminary order under section 145(1) of the code, asked the parties to put in their respective written statements and attached the disputed ..... act was passed to prohibit unauthorised occupation of vacant land in the urban areas in the state of maharashtra and to provide for summary eviction of persons ..... the bombay high court agreed with the view taken by the magistrate and .....