Judgment Search Results Home > Cases Phrase: bombay prohibition act 1949 maharashtra section 95 punishment for vexatious search seizure or arrest Court: orissa Page 1 of about 1 results (0.075 seconds)

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 1993CriLJ442; 1992(II)OLR395

..... of the learned counsel appearing for the accused persons is that the procedures relating to search, seizure and arrest are embodied in various provisions of chapter v (sections 41 to 58) of the act sections 41, 42, 43,45, 50 and ..... it was said ;'whenever a person is arrested by the police without warrant, he must be immediately informed of the grounds of his arrest and in case of every arrest it must immediately be made known to the arrested person that he is entitled to apply for bail the maharashtra state board of legal aid and advice ..... and the exception forms part of the substantive provision, the exception forms a prohibition to the substantive provision to be operative under the circumstances covered under the exception and it also operated as a prohibition for the exception to operate in respect of the circumstances covered under the non-excepted ..... punishable with death, imprisonment for ufa or imprisonment for more than seven years to be triable by court of session but offences punishable with imprisonment for three to seven years to be triable by the magistrate of the first class and offences punishable ..... act, 1988 can be tried by a court of session until a special court is constituted under section 36, but the court of session can exercise the said power only when the case-is committed to it by a magistrate when we considered the aforesaid view and disagreeing with the same had referred the matter to be placed before a larger bench, a single judge decision of the bombay ..... 1949 .....

Laxmi Narayan Agarwalla and ors. Etc. Vs. State of Orissa and ors. Etc ...

Court : Orissa

Reported in : AIR1983Ori210

..... malkapur municipal council, malkapur, air 1970 bom 154, the maharashtra legislature enacted the maharashtra education (cess) act of 1962 which created a fund for the promotion of education in the state of maharashtra and, for connected matters by levy of tax on lands and buildings at the rate of 2 per cent of the annual letting value of the lands ..... as comprehensive and exhaustive as possible, the specific entries in the three lists in between them must be held to exhaust all conceivable topics or subjects oi legislation and, therefore whenever any matter is dealt with by any particular act, aa attempt will have to be made to allocate such matter to one or the other of the entries in these lists and secondly, it is only when such attempt fails that the court can fall back upon the ..... council, air 1970 bombay 154, it was urged that no machinery had been provided for the manner of levying and calculating the maharashtra education cess act, 1962. ..... the lists were framed so as to be fairly full and comprehensive, it was not long before it was found that the topics enumerated in the two sections overlapped, and the privy council had time and again to pass on the constitutionality of laws made by the dominion and provincial legislatures. ..... what article 301, however, prohibits is an impost which would restrict or impede directly and immediately free flow of trade ..... province of east punjab (air 1949 fc 81) (supra) provincial treasurer of alberta ..... of east punjab, air 1949 fc 81, fazal ali, .....

Nabapravat Trust, Vs. State of Orissa

Court : Orissa

Reported in : 94(2002)CLT41

..... then again the time consumed by the courts in concluding the trials is another factor which should be borne in mind in interpreting the provisions of section 102 of the criminal procedure code and the underlying object engrafted therein, inasmuch as if there can be no order of seizure of the bank account of the accused then the entire money deposited in a bank which is ultimately held in the trial to be the outcome of the illegal gratification, could be withdrawn ..... in the aforesaid premises, we have no hesitation to come to the conclusion that the high court of bombay committed error in holding that the police officer could not have seized the bank account or could not have issued any direction to the bank officer, prohibiting the account of the accused from being operated upon, though we have laid down the law, but so far as the present case is concerned, the ..... according to sri parija under section 18 of the prevention of corruption act before issuing any direction or order for seizure of the bank accounts, the vigilance department should have verified the bank accounts and found out as to whether any of the deposit in the said banks appears to be doubtful or is not ..... the said order of the bombay high court the maharashtra government went in appeal to ..... bank accounts and lockers in the indian bank at calcutta jointly held by the accused and his mother and brother were searched and sealed and another locker held by mother and sister of the accused was also searched and sealed. .....

M. Ramachandra Sahu Vs. State of Orissa

Court : Orissa

Reported in : 86(1998)CLT68; 1998CriLJ3413

..... section 7(1) as it stood prior to amendment by act 36 of 1967 envisaged that if any person contravenes any order made under section 3, then he shall be punishable for different charges, mentioned in that sectiom a question arose whether contravention referred to above covers cases where contraventions are ..... rajasthan 1952 scr 110 : air 1951 sc 467 : 1952 cri lj 54 where their lordships observed :x x x it would be against the principles of natural justice to permit the subject of a state to be punished or penalised by laws of which they had no knowledge and of which they could not even with the exercise of reasonable diligence have acquired any knowledge. ..... assuming that such a 'notification' was made available to the public, from that no inference can be drawn that the accused had the knowledge that there was a prohibition to possess more than ten litres of kerosene at a time. ..... it may be stated that the accused although admitted the factum of seizure of large quantity of kerosene on the date of the incident, but his plea however, was that the same did not belong to him but to one bhagaban das chaturbhuj, a licensed ..... notification in the official gazette, without making it available for circulation to the concerned public, or placing it for sale to the said public, would certainly not satisfy the idea of notification in the legal sense.the same view was also taken by the bombay high court in gtc industries ltd. v. ..... also referred to another decision in the case of state of maharashtra v. .....

Bichitrananda SwaIn Vs. State of Orissa

Court : Orissa

Reported in : 63(1987)CLT266; 1988CriLJ292

..... prohibition in section 22 or in any other section of the act prohibiting a police officer to enter into any premises for search and seizure ..... station, cutiack, were found to have stored for sale the drugs which were not of standard quality and were stocked in an unlicenced premises in contravention of section 18(a) (i) and (c) of the drugs and cosmetics act, and thereby committed an offence punishable under section 27(a) (i) and (ii) of the drugs and cosmetics act and within my cognizance.both the learned courts below concurrently found that the drugs as per seizure-list (ext. ..... maharashtra, in which the expressions used in section 18(c) and 27(a) (i) and (ii) of the act were interpreted and it was held that the prosecution must prove affirmatively that the accused was manufacturing drugs for sale or was selling the same or had stocked them or exhibited the articles for ..... as a complaint was filed by an inspector under the drugs act, the prosecution was competently entertained by the presidency magistrate and the fact that the complaint was accompanied by a charge-sheet under the signature of the inspector of police did not render the prosecution instituted as otherwise than by an inspector.the decision of the bombay high court was followed by a division bench of the delhi high court in a case reported in ..... arrested and a charge-sheet was filed against him and some other members of his family for offences under sections 18(a) and (i) and (iii) and 18(c) read with section 27 of the act .....

State of Orissa Vs. Dolagobinda Nanda

Court : Orissa

Reported in : 62(1986)CLT307; 1986(II)OLR333

..... :1) for contravention of section 18(c) punishable under section 27(a)(ii) of the act.2) for contravention of section 18(a) punishable under section 27(b) of the act.3) for contravention of section 18(a)(vi) punishable under section 28 of the act.the respondent pleaded riot guilty to the charges and denied that he had stocked the drugs.4 the learned judicial magistrate in the impugned judgment dealt with only the first two charges and found that there was contravention of the provisions of section 100 of the code of criminal procedure ('code' for short), because at the time of the alleged seizure of drugs by seizure list ..... ultimate analysis, on reappraisal of the prosecution evidence, the first charge for contravention of section 18(c) punishable under section 27(a)(ii) of the act has been established against the respondent beyond reasonable doubt. ..... if this principle is applied to this case, then there is no escape from the conclusion that even if it is assumed for the sake of argument that the search was irregular yet, the seizure of the drugs from the clinic of the respondent in his presence supported by oral and documentary evidence cannot be held to be illegal so as to be ..... state of maharashtra, it was held that unless an incriminating circumstance is put to the accused during his examination under section 313 of the code, the same cannot be used ..... prohibition of manufacture and sale of certain drugs ..... syrup manufactured by charak pharmaceutical, bombay, item no. ..... , bombay, item .....

Sadhana Patra Vs. Subrat Pradhan

Court : Orissa

Reported in : AIR2006Ori105; II(2006)DMC316; 2006(I)OLR524

..... permission of the court then increases the permissible limit provided under statute, namely, proviso to section 13 of the act of 1984.from the discussions made in the judgment it appears that a legal practitioner appearing as an amicus curiae is a friend of the court and the amicus curiae is not appointed as a private counsel by the parties to action or to represent them in a partisan manner and for their personal use and benefit and that they does not have a function of taking ..... the only fundamental right recognized by the constitution is that under article 22(1) by which an accused who is arrested and detained in custody is entitled to consult and be defended by a legal practitioner of his choice. ..... agarwal, learned counsel appearing for the union of india urged that section 13 does not prohibit the party from availing services of the lawyer such permission can be granted on an application if made by a party and if the court comes to the conclusion that it is necessary to do so ..... mahadeo sitaram joshi reported in air 1991 bombay 105 interpreting section 13 of the family courts act and rules of that state held as follows :we are fortified in this view by another aspect which is peculiar to matrimonial proceedings, namely, the fact that as far as issues such as custody of children, visiting rights, maintenance, alimony, apportionment of ..... it was a case under the maharashtra restoration of lands to scheduled tribes act, 1971. ..... state of maharashtra : [1985]2scr224 , reiterated the same .....

Banka Das, Vs. State of Orissa

Court : Orissa

Reported in : 75(1993)CLT225; 1992(I)OLR421

..... of narcotic drugs and psychotropic substances act and to provide deterrent punishment for violation thereof, (ii) to provide that no sentence awarded under the act shall be suspended remitted or commuted, (iii) to provide for pre-trial disposal of seized drugs, (iv) to provide death penalty and second conviction in respect of specified offences involving specified quantities of certain drugs, (v) to provide for forfeiture of property and a detailed procedure ..... seizure of the incriminating materials was made in violation of the procedure mandatorily required under the act to be followed at the time of saizure as contained in section 50 of the act which resulted in making a seizure illegal and which is fatal to the prosecution and would be itself a ground for acquittal ..... conviction of an accused is not necessarily vitiated if there is any invalidity in the investigation or search and seizure yet having held the detention to be illegal, he has not only released the accused on bail but also quashed the arrest and detention which he was certainty not entitled to while considering an application for bail. ..... the bombay high court in the aforesaid case to hold that until notification constituting special court is issued by the government under section 36 of the act, the court of session will have the powers of special court under the provisions of the special statute and in such a case not only the court of session can try but also can exercise the powers under section ..... maharashtra ..... prohibits .....

Union of India Vs. Steel Authority of India Ltd. and ors.

Court : Orissa

..... provided overriding effect thereof any provisions of any other law, which are inconsistent with the railway claims tribunals act, 1987 and it is urged that on a bare reading of section 23 of the said act, except the prohibition of filing of an appeal against an order passed by the claims tribunal, with the consent of the parties, all other procedures provided for filing of appeal under the code of civil procedure or in any other law (which obviously include appeals under ..... , the interpretation made in sharda devi case (supra) is applicable to its own facts and circumstances and canno.have any application to the present context to give an effective and reasonable interpretation to the appeal provision under section 23 of the railway claims tribunal act, which totally prohibits an appeal under the cpc or any other law, including appeals under the letters patent ..... the necessary corollary of this provision therefore is that the appellate power vested takes within its ambit all the provisions of the appeal provided under the code of civil procedure along with the procedure for filing of further appeal which are vested under the code of civil procedure along with the procedure of filing of further appeal, which are saved under code of civil procedure notwithstanding anything to the contrary in ..... this was done to give effect to the calcutta, madras and bombay views that section 104 did no.bar a letters patent. ..... state of maharashtra and others (2007) 7 scc 555, and p.s.sathappan (supra).6 .....

Zenith Industrial Services and Two ors. Vs. Union of India (Uoi) and T ...

Court : Orissa

Reported in : 68(1989)CLT175; (1990)ILLJ38Ori

..... 16025/5 8/77-lw dated 15th december 1979 issued from the ministry of labour, new delhi, government of india under section 10(1) of the contract labour (regulation and abolition) act, 1970 (hereinafter referred to as 'the act') prohibiting the employment of contract labour in the works for overburden, removal and drilling and blasting in limestone, dolomite and manganese mines in the country with effect from the date on which the period of six months from the date ..... maharashtra ..... on article 14 is without any substance, their lordships of the bombay high court observed thus:--'... ..... the learned counsel for the petitioners impugned the notification issued by the ministry of labour, government of india, under section 10(1) of the act (annexure-4) prohibiting employment of contract labour in the works of overburden removal and drilling and blasting in the limestone mines of the country, mainly on the ground that as the requirements laid down under sections 10(1) and 10(2), sub-clauses (a) to (d) were not fulfilled before the issuing of notification under section 10(1), on that score alone, ..... abolishing the contract labour in the overburden removal and drilling and blasting works in the limestone, dolomite and manganese mines in the country, no doubt the decision regarding the prohibition of employment of contract labour is always with the appropriate government but then such a decision is subject to judicial review as held by the supreme court in catering cleaners of southern railway v. .....