Court : Delhi
Decided on : Feb-13-1984
Reported in : [1986]60CompCas603(Delhi); 1987(11)ECC124; 1987(30)ELT390(Del)
..... 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 ..... legislative departure, to a person whose conduct or dealings are subject-matter of investigation under the provisions of the foreign exchange regulations act, 1973, as indeed, under the customs act, 1962, before a formal accusation has been made against him, either by a first information report, or a complaint to ..... of witnesses but deals with all statements 'made by any person to a police officer in the course of an investigation under this chapter'. the expression 'under this chapter' is also wide enough to take in section 157 of the code. prima facie, thereforee, s. 162 covers not only statements ..... a further contention was raised that the petitioner could not called upon to produce his passport to the authorities under the foreign exchange regulation act. 5. i have heard learned counsel for the parties at considerable length. while counsel for the petitioners, by and large, relied on the doctrine of ..... of the code of criminal procedure would not necessarily apply to a refusal to answer in proceedings u/s. 40 of the foreign exchange regulations act. i am also not concerned with this aspect and need not, thereforee, deal with it. 22. there can, thereforee, be no doubt that .....
Tag this Judgment!Court : Delhi
Decided on : Feb-13-1984
Reported in : 1985CriLJ1325
..... been denied, by judicial interpretation or legislative departure, to a person whose conduct or dealings are subject-matter of investigation under the provisions of the foreign exchange regulations act, 1973, as indeed, under the customs act, 1962, before a formal accusation has been made against him, either by a first information report, or a complaint to a court. such a person has thus ..... runs thus : 'power to 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 person for contravention of any of ..... note to attendance or examination of witnesses but deals with all statements 'made by any person to a police officer in the course of an investigation under this chapter'. the expression 'under this chapter' is also wide enough to take in section 157 of the code. prima facie, thereforee, section 162 covers not only statements of witnesses, recorded under section 161, ..... that being in the context of the code of criminal procedure would not necessarily apply to a refusal to answer in proceedings under section 40 of the foreign exchange regulations act. i am also not concerned with this aspect and need not, thereforee, deal with it.22. there can, thereforee, be no doubt that in the existing dispensation, such a person .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-16-1984
Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984
..... to language lowering him in status. additionally, clause (7) does not speak of any adjudicatory function. it appears, to comprehend situations where as preliminary to or an end product of an adjudicatory function in a criminal case, which may lead to imposition of a prison sentence, and a person in ..... that this suggested external aid to construction falls in the exclusionary rule and cannot be availed of. therefore, it has become necessary to examine this preliminary objection to the court resorting to this external aid to construction. section 21(12)(a) acquired its present form in 1964.37. mr. singhvi ..... be vested in the governor and shall be exercised by him either directly or through officers subordinate to him in accordance with the constitution. chapter iii in part vi provides for state legislature. every state is to have a legislature which shall consist of the governor and it can be ..... so saying the trend of discussion in various judgments in h.h. keshvnand bharathi sripadanaga galavaru v. state of kerala and anr. (1973) suppl. s.c.r. 1 shows that when the power amend the constitution is exercised by parliament, it exercises constituent power and this is independent of the ordinary legislative ..... must have come into existence by the time under the government of india act, 1919, was not a public servant falling in any of the clauses of section 21 and this lacuna was sought to be remedied by introducing chapter 9-b bearing the heading 'of offences by or relating to members .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-12-1984
Reported in : (1985)ILLJ111Raj
..... whether such powers are autocratic despotic and yet no exception can be taker, to them due to limitations of article 311? if so whether chapter v-a of the i.d. act occupies this field making clause 13 redundant is yet another important highlight of it.6. according to krishna iyer, j., in gujarat steel ..... judgment reads (para 6 at page 108):but before we proceed to consider the merits of this ground of challenge, we must dispose of a preliminary objection raised on behalf of the respondents against the maintainability of the writ petition. the respondents contended that the college is run by a society which ..... being departed and the word, 'ordinarily' waters down the mandate.125. the rules have been framed for carrying out this section 25g of the act of this chapter v-a, and rule 77 of the industrial disputes (central) rules, 1957 requires that the authority concerned while making retrenchment in order to ensure ..... by shinghal j., there has been a case decided by the constitution bench of the supreme court in sirsi municipality v. c.k.f. tellis 1973-i l.l.j. 226 which has held to the contrary. it would be apropos to extract here, how kansingh j., without making a reference to ..... should be with full back wages and with continuity of employment. the above observations of mine would not prejudice the case of the petitioners in claiming back wages under section 31-c of the i.d. act by proper application. similarly they would not prejudice the employers from commencing any proceeding either .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-20-1984
Reported in : ILR1984KAR778
..... request to adduce evidence had been made by the management to the tribunal during the course of the proceedings and before the trial has come to an end. when the preliminary issue is decided against the management and the latter leads evidence before the tribunal, the position, under such circumstances, will be, that the management is deprived of the benefit of ..... state of bombay-v.- krishnan they read - '(5) let us first examine the scheme of the relevant provisions of the act. chapter iii which consists of sections 10 and 10a deals withreference of dispute to boards, courts or tribunals. section 10(1) provides that where the appropriate government is of opinion that any industrial dispute exists or is apprehended, it may at any ..... decides the matter.xx xx xx38. another change that has been effected by section 11-a is the power conferred on a tribunal to alter the punishment imposed by an9. : (1973)illj278sc .employer. if the tribunal comes to the conclusion that the misconduct is established, either by the domestic enquiry accepted by it or by the evidence adduced before it for ..... intended to victimise the employee regard being had to the position settled by the decisions of this court in bengal bhatdee coal co., -v.- ram probesh singh, (air 1964 sc 486); titaghur paper mills co., ltd., -v.- rama naresh kumar (1961) 1 lab lj 511 (sc); hind construction & engineering co, ltd. -v.- their workmen, : (1965)illj462sc ; workmen of messers firestone tyre & rubber .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-1984
Reported in : AIR1984SC127; [1984(48)FLR448]; 1984LabIC691; (1984)ILLJ368SC; 1984(1)SCALE539; (1984)3SCC127; [1984]3SCR252; 1984(16)LC500(SC)
..... taken, it is not necessary.51. another item mentioned before us was the employees of coking coal mines (nationalisation) act, 1972. it has to be borne in mind that the object covered by the scheme of the act was entirely different from the general insurance business (nationalisation) act, 1972. the coking coal mines (nationalisation) act, 1972 was enacted to provide for the transfer of the interest of the owners of such ..... by the central government under the authority given to it by the act under general insurance business (nationalisation) act, 1972. the scope of that authority has, therefore, to be found under chapter v containing sections 16 & 17 of the act. we have set out hereinbefore the terms of sections 16 & 17. sub-section (1) of section 16 authorises the central government, if it is of the ..... in respect of the other three companies were on similar lines. these four companies are subsidiaries of the general insurance corporation of india. the companies started functioning from 1st january, 1973 and the process of merger of the various companies into one of the other four companies was completed by 1st january, 1974, when the said four schemes came into force .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-21-1984
Reported in : ILR1984KAR1054; 1984(2)KarLJ126
..... takes congnizance of offences triable exclusively by the court of session, he should follow the procedure laid down under section 202 of the code which serves the purpose of a preliminary enquiry, as that would alone be a sufficient safeguard to the accused before the court resorts to section 204.'though in kochu mohammed and ors. v. state of kerala and ..... material available was not sufficient to frame any charge.3. a magistrate, talking cognizance of an offence on complaint, shall have to proceed in accordance with the provisions contained in chapter xv of the code in order to find out as to whether there is sufficient ground for proceeding against the accused in which case he will issue process under section ..... may have to proceed so that parties are not put to hardship or harassment given the same set of facts or confronted with similar situations can they act differently, though exercising their discretionary powers? i feel, that it is in the ends of justice desirable that this court should impress upon the trial courts dealing with private complaints involving offences exclusively triable ..... code of criminal procedure, 1973 (the code).2. in both these proceedings the learned magistrates had issued process to the accused on private complaints.the offences alleged were exclusively triable by the court of session. in kusuma's complaint the allegation was that the accused was liable to be proceeded against for an offence under section 376 i.p.c. in the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-1984
Reported in : ILR1984KAR205
..... petitioner challenged the final notification issued under section 6 of the land acquisition act, 1894 (central act 1 of 1894) as amended by the mysore act 17 of 1961 on the ground of non-compliance with the provisions of section 5a (2).the preliminary notification under section 4 was issued on 6/8-7-1966 and published ..... interested therein must have an opportunity of being heard before a final decision is taken to acquire the land. both the land acquisition act as also the act in chapter vii given the right to the owner and a person interested to file objections or to show cause why the land should not ..... taken possession of the land may transfer the land to the board for the purpose for which the land has been acquired.'7. chapter iii of the act therefore provides for publication of a notification in the karnataka gazette by the state government giving notice of its intention to acquire such land ..... we are also of the opinion that this enunciation is contrary to the enunciation of the supreme court in state of mysorev. abdul razak : [1973]1scr856 wherein it is held that the objections not filed within 30 days need not be considered and the rulings of this court noticed earlier. we ..... the time specified. this is the correct interpretation, is clear from thedecision, of the supreme court in state of mysore v. abdul razak, : [1973]1scr856 wherein it is held section 5a empowers the interested person to object to theacquisition of any land but his objections should be filed within thirty days .....
Tag this Judgment!Court : Chennai
Decided on : Apr-18-1984
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
..... of the decision of the supreme court, the learned judge held that two propositions would clearly emerge : (1) a statutory corporation, such as the banks, whose peculiar features can be gathered from the nationalisation act, can be taken to be owned by the central government or at any rate it would be an agency ..... salary of the chairman under section 27(2) is determined by the central government, likewise the vice-chairman's salary under section 29(2). in chapter vi, section 35 is important. the various sub-sections clearly postulate that the acquiring of the business of other banks must be only with the sanction ..... 7th april, 1979, the additional commissioner for workmen's for workmen's compensation refused to pass and order on the preliminary objection. he directed that the appeal would be heard both on the preliminary objection and on merits. accordingly, he posted the appeal on 19th may, 1979. it was at that stage, the ..... iillj409guj , and that of learned single judge of this court in chaman lal gupta v. punjab national bank (r.s.a. no. 1797 of 1973). sri d. s. nehra, learned counsel for the bank, argued that the bank continued to be a company and relied upon section 11 of the ..... the meaning of a government company can be gathered from the ruling of the supreme court in western coal fields ltd. v. special area development authority, : [1982]2scr1 . in the light of that case, certainly a nationalised bank is not a government company. 18. in a case which arose before the karnataka high .....
Tag this Judgment!Court : Chennai
Decided on : Apr-18-1984
Reported in : (1985)2MLJ439
..... the punjab national bank (1978) 52 f.j.r. 306 : 80 p.l.r. 72 : (1978) l.i.c. 423, with regard to punjab nationalised bank. there the scope of section 11 of the nationalisation act has also been discussed in paragraph 10 at page 428. he also draws our attention to the other cases reported in ..... held to be an authority within article 12 of the constitution of india. a close analysis of the life insurance act of 1956 and the nationalisation act of 1970, leaves no room for doubt that the nationalised bank is an establishment under the government of india. it is important to note, according to the learned counsel, ..... the salary of the chairman under section 27(2) is determined by the central government; likewise the vice chairman's salary under section 29(2). in chapter vi, section 35 is important. the various sub-sections clearly postulate that the acquiring of the business of other banks must be only with the sanction of ..... by an order dated 7th april, 1979, the additional commissioner for workmen's compensation, refused to pass an order on the preliminary objection. he directed that the appeal would be heard both on the preliminary objection and on merits. accordingly, he posted the appeal on 19th may, 1979. it was at that stage, the above ..... 144, and that of a learned single judge of this court in chamanlal gupta v. punjab national bank. (r.s.a. no. 1797 of 1973).19. shri d.s. mehra, learned counsel for the bank argued that the bank continued to be a company and relied upon section 11 of the .....
Tag this Judgment!