Court : Chhattisgarh
..... made thereunder has been committed, shall be liable to confiscation upon conviction of the offender for such contravention, inter alia, for confiscation of such property under the provisions of the adhiniyam, 1969 and the act, 1927 not belonging to the government, conviction of the offender is sine quo non. 11. in the present case, the respondents authorities have failed to show that aforesaid offender has been convicted for contravention ..... - all specified forest produce which in either case is not the property of the government and in respect of which a contravention of any provision of the act or the rules made thereunder has been committed and all tools, boats, vehicles, ropes, chains or any other articles, in each case used in committing such contravention shall, subject to the provisions of sections 15, 15-a, 15-b and 15-c ..... as per section 15-d of the adhiniyam, 1969 and section 55 (1) of the act, 1927, applicable to the state of chhattisgarh, if forest produce is not belonging to the government and in respect of which a forest-offence has been committed, then all tools, boats, vehicles, ropes, chains and ..... such proof, confiscation of the vehicle under section 15 of the adhiniyam, 1969 read with section 52 of the act, 1927 is not sustainable under the law. 12 ..... viniyaman) adhiniyam, 1969 (for short `the adhiniyam, 1969') read with section 52 of the indian forest act, 1927 (for short `the act, 1927'), applicable to the state of chhattisgarh amended vide act 25 of 1983 w.e.f. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : AIR2006Chh92
..... further arguments raised by counsel in that case, the apex court held vide last part of para 26 of the judgment as under:'...in the light of the scheme contained in all the provisions under part v of the sr act, 1956, we do not find it possible to accept the argument advanced for the petitioner that the letters patent of the madras high court can be made applicable to the cases arising from calicut as part of the ..... otherwise, it is held that the law of letters patent is deemed to have been adapted by the state of chhattisgarh, after coming into operation of the act 1981 and after holding it to be intra vires, it can be assumed that the said law of letters patent will cease to be operative in this state ..... ) shri manindra shrivastava, and shri prashant mishra, senior advocates, argued that the pronouncement of supreme court in relation to the act of 1981 is final and binding, it shall relate back and after this judgment on 11-1-2005, holding the act of 1981 as intra-vires and valid, the letters patent appeals would not be maintainable even otherwise also.in our opinion, it is a settled principle that the decision of the high court remains effective ..... argued that this high court has assumed jurisdiction by adapting the 'law of letters patent' as the same was law in force, therefore, this high court has nothing to do with the provisions of act of 1981 which took away the jurisdiction of letters patent appeals and was ultimately held to be valid by the announcement of the apex court. .....
Tag this Judgment!Court : Chhattisgarh
..... the empowered officer to inform the suspect of his right to be searched in the presence of a gazetted officer or a magistrate and formulated the following question as under:- section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short the ndps act ) casts a duty on the empowered officer to inform the suspect of his right to be searched in the presence of a gazetted officer or a magistrate, if he so desires or whether a mere enquiry by ..... aforesaid offence finding that the prosecution has proved the offence under section 20(b) (ii) (b) of the ndps act beyond reasonable doubt and sentenced him to undergo rigorous imprisonment for four years and six months and ..... balbir singh (1994 cri lj 3702), and it answered them as under: on prior information the empowered officer or authorized officer while acting under section 41 (2) or 42 should comply with the provisions of section 50 before the search of the person is made and such person should be informed that if he so requires, he shall ..... (1994 cri lj 3702) has succinctly explained the scope or sections 41, 42, 50 and 52 of the ndps act as to what extent these provisions are mandatory and set out the conclusion in para 25 or said report, which ..... held by their lordships of the supreme court that the obligation of the authorized officer under sub-section (1) of section 50 of the ndps act is mandatory to inform the suspect of his right to be searched in the presence of a gazetted officer or a magistrate and pleased to hold .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2009(1)MPHT43(CG)
..... sirhind cooperative marketing-cum-processing service society limited and anr.3, the supreme court has held as under:10...the provisions of article 137 of the schedule to the limitation act, 1963 are not applicable to the proceedings under the act and that the relief under it cannot be denied to the workman merely on the ground of delay. ..... but in case of limitation prescribed for making an application for initiating proceeding under section 62 (i) (a), (b), (c) of the act, 1960, one/two years period of limitation has been prescribed and there is no power vested in the labour court for condonation of delay.5. ..... for the purpose of condonation of delay in absence of applicability of provisions of section 5 of the limitation act, 1963, the court cannot invoke its inherent powers under provisions of rule 106(3), order xxi of the civil procedure code, 1908.8. ..... the petitioner preferred a preliminary objection under provisions of section 62 of the act, 1960, the limitation period is one year from the date of termination of services. ..... it was provided in second proviso to section 62 of the act, 1960 that the labour court may, for sufficient reasons admit any application for declaration that the change is illegal under act, after expiry of three months after the date of which the change was made. ..... it is clear from the reading of provisions of section 62 and 65 of the act, 1960 that wherever legislature intended to confer power on the court to condone the delay, it is specifically provided. .....
Tag this Judgment!Court : Chhattisgarh
..... george fernandez air 1969 sc 1201, it has been held that first, section 83 of the act is mandatory and requires first a concise statement of material facts and then requires the fullest possible ..... court on its end cannot expand the scope of section 83 of the representation of the people act 1951 by drawing a presumption when the material particulars have not been pleaded. 17. ..... he would submit that the petitioner taking the advantage of the some criminal act of certain persons of village is trying to shift the burden to the respondent coupled with the allegations of corrupt ..... section 123(8) explanation, which reads as follows: explanation-(1) in this section the expression agent includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. 10. ..... order will govern the disposal of application filed under order 7 rule 11 of the code of civil procedure, 1908 read with section 86 of the representation of people act, 1951 as also the election petition filed by the petitioner. 2. ..... section 83 of the representation of people act stipulates the contents of petition which read as under: ..... documents have also been placed vide ex.d-6 which is copy of the charge sheet which purports that one madhuri sahu was arrested and a case u/s 34(1)(a) of the excise act was registered. ..... , it is contended that it would devoid of section 83(1) of the respondent of people act 1951 (for short the rp act). 5. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2004(3)MPHT43(CG)
..... -- (1) notwithstanding anything contained in sub-section (2) of section 1, all cases pending before the courts or under investigation at the commencement of this act shall be disposed of in accordance with the provisions of the principal act as amended by this act and accordingly, any person found guilty of any offence punishable under the principal act, as it stood immediately before such commencement, shall be liable for a punishment which is lesser than the punishment for which he is otherwise liable at the ..... special judge after holding the accused/appellant guilty for commission of the offence under section 8 read with section 21 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the act, 1985'), sentenced him to undergo rigorous imprisonment for 10 years and to pay a fine of rs. ..... maintaining the conviction of the accused/appellant under section 8 read with section 21(a) of the act, 1985 his sentence is reduced to six months rigorous imprisonment and to pay a fine ..... the notice of the learned special judge and he convicted and sentenced the accused as per the old provision of section 21 of the act, 1985 and sentenced him to undergo 10 years rigorous imprisonment and to pay a fine of rs. ..... apart from these provisions the amending act, 2001 introduced further amendment by substituting new section for old section 27 of the act, 1985 and section 32b was inserted by the amending act 9 of 2001 which prescribes the factors to be taken into account for imposing higher .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... is true that the word 'resale' used in the exclusionary clause of section 2(1)(d) (i) was used in connection with the purchase of goods defined in the sale of goods act for commercial purpose the ultimate object of the supply of the goods, namely, g.p. ..... when the legislature having defined the term 'consumer' in broader terms, sought to exclude certain transactions from the purview of the act what could be the meaning that would be assigned to the exclusionary clause, viz. ..... is given effect to, while foreign sellers are not liable under the act within the definition of section 2(1)(d) as they get excluded from the purview of the act, the canalising agency would be fastened with the liability. ..... on 15-3-2003 by way of the amendment by the same amendment act, as it is nobodys case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning the respondents livelihood by means of self- ..... the respondent is a statutory authority to act as canalised agency on behalf of the industries to procure required goods on their behalf from the foreign seller and acts in that behalf in terms of the letter of credit and conditions enumerated ..... for commercial purposes and avails of services attached to the goods in the nature of warranty, he cannot be considered to be consumer even for the purpose of services during the warranty period in view of the amendment to section 2(1)(d)(i) of the act which came into force w.e.f. .....
Tag this Judgment!Court : Chhattisgarh State Consumer Disputes Redressal Commission SCDRC Raipur
..... is true that the word 'resale' used in the exclusionary clause of section 2(1)(d) (i) was used in connection with the purchase of goods defined in the sale of goods act for commercial purpose the ultimate object of the supply of the goods, namely, g.p. ..... when the legislature having defined the term 'consumer' in broader terms, sought to exclude certain transactions from the purview of the act what could be the meaning that would be assigned to the exclusionary clause, viz. ..... is given effect to, while foreign sellers are not liable under the act within the definition of section 2(1)(d) as they get excluded from the purview of the act, the canalising agency would be fastened with the liability. ..... on 15-3-2003 by way of the amendment by the same amendment act, as it is nobodys case that the goods bought and used by the respondent herein and the services availed by the respondent were exclusively for the purpose of earning the respondents livelihood by means of self- ..... the respondent is a statutory authority to act as canalised agency on behalf of the industries to procure required goods on their behalf from the foreign seller and acts in that behalf in terms of the letter of credit and conditions enumerated ..... for commercial purposes and avails of services attached to the goods in the nature of warranty, he cannot be considered to be consumer even for the purpose of services during the warranty period in view of the amendment to section 2(1)(d)(i) of the act which came into force w.e.f. .....
Tag this Judgment!Court : Chhattisgarh
..... as per section 251 of the code, tanks situate on unoccupied land on or before the date of coming into force of the act, providing for the abolition of the rights of intermediaries in the area concerned and over which members of the village community were, immediately before such date, exercising rights of irrigation or nistar, shall if ..... reported in 1969 rn 246 in which the supreme court has held that tank settled under section 5 (g) of the act with ex-proprietor by nistar officer cannot be vested in the state under section 251 of the code. 7. ..... supreme court in the matter of parma gond (supra), tank settled in the name of ex-proprietor in terms of section 5(f) of the act was not available for vesting in the state under section 251 of the code. 11. ..... the date of coming into force of the code, aforesaid tank was not available for vesting in the state and it has already been settled in the name of ex-proprietor tikaram in terms of section 5(f) of the act with rights of the villages of fetching water for drinking and for bath. 10. ..... the sub divisional officer, bilaspur in revenue case no.104-a/71/63-64 in the light of order of the compensation officer dated 14.11.52 under section 5 (f) of the act, the tank was not vested with the state government. ..... that section 251 of the code is unambiguous and clear and is sufficient to establish the fact that all tanks situated on unoccupied land or before the date of coming into force of the act, shall be vested absolutely in the state government w.e.f. .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(3)MPHT72(CG)
..... is a chance recovery of narcotics and psychotropic substance then the police officer who is not empowered should inform the empowered officer who shall thereafter proceed in accordance with the provisions of the ndps act but if the officer taking the search happens to be an empowered officer, then from that stage onwards he should carry-out the investigation in accordance with the other provisions of the ndps ..... after reviewing and re-considering the entire law on the said subjects their lordships have observed that section 50 of the act would come into play only in the case of search of a person as distinguished from the search of any ..... para 25 (1) their lordships have directed as under:--'if a police officer without any prior information as contemplated under the provisions of the ndps act makes a search or arrests a person in the normal course of investigation into an offence or suspected offences as provided under the provisions of ..... , the search was taken by the head constable and as the seizure was effected by him without any authority of law or without any authorisation under sections 41, 42 and 43 of the ndps act, the articles seized by him can not be looked into nor can same be used as evidence against the accused.4. ..... that the accused was carrying some narcotics with him and as he himself was not empowered under sections 41, 42 and 43, necessity of compliance of section 50 of the ndps act does not arise and as the search was taken by him, he was entitled to seize the articles. .....
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