Court : Delhi
Decided on : Feb-13-1984
Reported in : [1986]60CompCas603(Delhi); 1987(11)ECC124; 1987(30)ELT390(Del)
..... persons to give evidence and produce documents'. it is, however difficult to ignore that section 33 to section 40 of the foreign exchange regulation act provide for preliminary enquiry and investigation intended to collect material in aid of any possible departmental adjudication or institution of a complaint for trial of a ..... which may involve the deprivation of personal liberty which is 'just, fair and reasonable'. the divergent procedure of investigation provided by the foreign exchange regulation act, which has the effect of divesting a suspect of certain rights, privileges and safeguards, which are available in a corresponding investigation under the code of ..... other safeguards available to an accused in an investigation, governed by the criminal p.c. as also because the provisions of the foreign exchange regulation act represented a deliberate departure from the ordinary procedural law because of the peculiar nature of the offences involved, their wide ramifications and impact on the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-13-1984
Reported in : 1985CriLJ1325
..... summon persons to give evidence and produce documents'.it is, however difficult to ignore that section 33 to section 40 of the foreign exchange regulation act provide for preliminary enquiry and investigation intended to collect material in aid of any possible departmental adjudication or institution of a complaint for trial of a ..... which may involve the deprivation of personal liberty which is 'just, fair and reasonable'. the divergent procedure of investigation provided by the foreign exchange regulation act, which has the effect of divesting a suspect of certain rights, privileges and safeguards, which are available in a corresponding investigation under the code of ..... safeguards available to an accused in an investigation, governed by the criminal p. c. as also because the provisions of the foreign exchange regulation act represented a deliberate departure from the ordinary procedural law because of the peculiar nature of the offences involved, their wide ramifications and impact on the .....
Tag this Judgment!Court : Delhi
Decided on : May-25-1984
Reported in : (1985)ILLJ185Del
..... the government instead of itself carrying on the business of banking, has chosen to a carry on the business through the instrumentality of the nationalised banks called 'corresponding new banks' created by the said act and wholly owned by the government .... it is now well-settled that if the corporate body is but an instrumentality or agency of government ..... by virtue of s. 19(3) as if it were a regulation made under s. 19(1) and (2) of the aforesaid act. if a unilateral order made by an existing bank prior to its nationalisation could be transformed into a statutory rule/order by virtue of the said sub-section, there is no valid reason why an industrial award ..... terms and conditions of service of the bank employees incorporated in the sastry award as modified acquired statutory force on the nationalisation of the petitioner-bank and the effect of sub-s. (2) of s. 12 of the act would be that until the service of an employee is terminated or until the terms and conditions are altered by .....
Tag this Judgment!Court : Delhi
Decided on : Aug-01-1984
Reported in : (1985)49CTR(Del)249; ILR1985Delhi299
..... prosecution, particularly where the prosecution was immune from any constraints of limitation, by virtue of the provisions of the economic offences (inapplicabilty of limitation) act, 1974. thirdly there were three subsisting orders of the tribunal in the proceedings between the department and three individual shareholders of the company, in ..... improper because they are based on the assumption that the adverse findings arrived at in the course of proceedings under section 221 of the act constituted judicial determination of liability so as to justify prosecution even though admittedly the prosecutions were filed after the tribunal had set aside the ..... is a creature of a special statute dealing primarily with fiscal matters, designed to collect revenues for the exchequer without determination of liability under the act, is neither just nor fair, particularly where the prosecution would involve intricate questions of interpretation of taxation concepts. a prosecution even under the ordinary .....
Tag this Judgment!Court : Delhi
Decided on : Sep-12-1984
Reported in : 1984(2)Crimes734; 26(1984)DLT486
..... that the deputy commissioner of police, special branch, who had instituted the complaint in the instant case, cannot be said to be a public servant acting or purporting to act in the discharge of his official duties. mr. harjinder singh, counsel for jasbir singh-petitioner, has canvassed vigorously that the expression 'deputy commissioner of ..... original sanction accorded by the central government on 25th january 1984 to prosecute the petitioners etc. as contemplated in sub-section (3) of section 13 of the act was also filed along with the complaint. the said sanction authorises shri ramakrishnan, deputy commissioner of police, special branch, to lodge a complaint in respect of ..... 'generally specialibus non derogant'. (8) the question would, thereforee, arise whether the provisions contained in sub-sections (1) & (2) of section 13 of the act are in any way inconsistent with or repugnant to the general provisions contained in the code so as to over-ride the same. as already observed by me, sub .....
Tag this Judgment!Court : Delhi
Decided on : Sep-17-1984
Reported in : ILR1985Delhi424; 1985RLR440
..... of the authorities that be;the desirability of legislation dealing with unauthorized occupation of private premises on the lines of the public premises (eviction of unauthorised occupants') act. to be ad-ministered by the rent controllers andor the rent controltribunals, should be considered. alternatively, the procedure and practice in suits, and the law ..... are willing or poised to take up cudgel for the contending parties. thirdly, what is conveniently ignored is that even a juristic person, like a corporation, acts through the natural persons, whether its principal officers, employees or agents. to hold it otherwise would mean that in case of disputes of this nature between ..... broken head whether it be broken in good faith or bad and the magistrate can have no preference'.the contention that if the magistrate had jurisdiction to act, he was bound in law to find possession according to the civil courts decree as against actual possession, was negatived. suhrawardy-jin a concurring judgment .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1984
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... articles by human agency. the supreme court though accepting that coal is technically understood as a mineral while charcoal is manufactured by human agency byproducts like wood and other things but it cautioned that in interpreting item in a statue like sales tax act resort should be had not to the scientific or technical meaning ..... of such terms but to their popular meaning or the meaning attached to it by those dealing in them. it then went on to observe :'viewed from that angle both a merchant dealing in coal and a consumer wanting ..... . this court has, thereforee,territorial jurisdiction to hear the writ petition.(156) alternate remedy :writ jurisdiction in certiorari is a constitutional jurisdiction.amendments to customs act by finance act no. 2 of 1980would not oust the jurisdiction. i have already held that the collector's order was without jurisdiction, was perverse and contraryto the principles .....
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