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Farhana Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... there being no dispute that in the proceedings of the sole fir registered against the appellants for the offences under chapter xvii ipc being crime case no.173 of 2019, the appellants stand exonerated with the quashing of the said fir by the high court of judicature at allahabad by exercising the powers ..... section 2(b)(i) of the gangsters act is quoted hereinbelow:- 2(b) gang means a group of persons, who acting either singly or collectively, by violence, or threat or show of violence, or intimidation, or coercion or otherwise with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person, indulge in anti-social activities, namely (i) offences punishable under chapter xvi, or chapter xvii, or chapter xxii of the indian penal code ..... is no dispute that the case set up by the prosecution against the appellants insofar as the offences under the gangsters act are concerned, is limited to section 2(b)(i) reproduced supra and none of the other clauses of the provision have been ..... the impugned fir being crime case no.424 of 2022 for offence punishable under section 3(1) of the gangsters act, registered at police station- bhognipur, district- kanpur dehat and all the proceedings sought to be taken thereunder ..... assailing the orders dated 14th november, 2022 and 6th december, 2022 passed by the division bench of the high court of judicature at allahabad rejecting criminal miscellaneous 1 writ petition nos. .....

Competition Commission Of India Vs. State Of Mizoram

Court : Supreme Court of India

..... section 54 forms part of chapter ix of the competition act under the general heading miscellaneous and it specifically empowers the central government to exempt from the application of the act or any provision thereof and for such period as it may specify in such notification. ..... the state of mizoram actually prayed to be deleted as a party as they contended that the appeal had become infructuous in the context of the order passed by the cci on 07.06.2012 and 11.06.2013 when it was opined that no fault could be attributed to the state and they would not pass any adverse orders against it. ..... the high court also took note of the stand of the cci, which found no 1 (1999) 9 scc700 2 (2006) 5 scc603 3 (2009) 12 scc209 15 contravention of section 4 of the competition act by the state of mizoram and, thus, there was no question of any further proceedings being allowed by the cci against the state of mizoram.20. ..... a complaint received by the competition commission of india (for short appellant/cci ) from respondent no.4 seeking investigation under the competition act, 2002 (hereinafter referred to as the 1 competition act ) in respect of state lottery run by the state of mizoram (respondent no.1) has given rise to the present dispute. ..... teesta distributors 10,000 - 5,00,000 these four companies/partnerships were selected as distributors to operate the lotteries as per the regulation rules and the regulation act. ..... 4 & 5 are private companies while respondent no.6 is a partnership firm.4. .....

Manjudevi R. Somani Vs. Union of India and Others

Court : Gujarat

..... rule 10, clause (1) of chapter xxxii of the criminal manual 1977 regarding the distribution of business amongst the metropolitan magistrates, ahmedabad, thereby empowering the additional chief metropolitan magistrate, ahmedabad, to accept and decide cases under the provisions of the sarfaesi act 2002 arising within the limits of ahmedabad municipal corporation as well as the order dated 17th july 2012 passed by the additional chief metropolitan magistrate, ahmedabad, below exhibit 1 in miscellaneous application no.73 of 2012 are ..... placed before us by mr.g.m.joshi, the learned standing counsel for the high court, it is clear that at the time of creation of the post of additional chief metropolitan magistrate, ahmedabad, either by virtue of notification of 1986 or by the latest notification of 2013, the power under any other law for the time being in force apart from the code of criminal procedure 1973 has not been given. 25. ..... it was also brought to our notice that recently a fresh notification dated 6th february 2013 has been issued by the registrar general of this court in exercise of powers conferred under subsection (2) of section 17 of the code of criminal procedure 1973, by which all the metropolitan magistrates at ahmedabad have been appointed as additional chief ..... by act 1 of 2013, section 6 (a) (w.e.f. .....

Ramesh Singh and anr. Vs. Chinta Devi and ors.

Court : Patna

..... act provides in chapter ii 'licensing of drivers of motor vehicles' in chapter iv 'registration of motor vehicles', in chapter v 'control of transport vehicles, in chapter vii 'construction, equipment and maintenance of motor vehicles', in chapter viii 'control of traffic', in chapter ix 'motor vehicles temporarily leaving or visiting india', chapter x in 1988 act deals with 'liability without fault in certain cases' which contains sections 140 to 144 and which correspond to old sections 92a, 92b, 92c, 92d and 92e, which were inserted in the 1939 act by the 1982 amending act, chapter ..... , was whether in the absence of any provision giving retrospective effect to certain amendments made in the court-fees act, 1870, as applied to bombay by the court-fees (bombay amendment) act, 1954, which amendment came into force on 1-4-1954, the court-fees payable on two memoranda of appeal were ..... miscellaneous appeals involve a common question of law relating to the interpretation of some of the provisions of motor vehicles act, 1939 (hereinafter referred to as 'the 1939 act'), the motor vehicles act, 1988 (hereinafter referred to as 'the 1988 act) and section 6 of the general clauses act, 1897 (hereinafter referred to as 'the 1897 act ..... chapter v1i-a was introduced in the 1939 act whereby under section 92-a a new provision was made making the owners of the vehicle and the insurance companies ..... chapter ix related to offences, penalties and procedure, chapter x dealt with miscellaneous ..... miscellaneous .....

Regional Provident Fund Commissioner Vs. Rabindra Chandra Chamaria and ...

Court : Kolkata

Reported in : (1990)1CALLT373(HC)

..... been an offence when the companies act enforced and it is, therefore, difficult to see how the companies act could become applicable in that case and when particularly the other act defining the offence itself provides punishment for offences/defaults committed by the companies'.it was further observed :-'if the words 'any proceeding' are of wide amplitude, then perhaps chapter xxi of the income-tax act dealing with penalties imposable for various defaults committed, under that act would also be ..... .'upon consideration of section 14(ac) of the provident funds act and section 86 of the employees state insurance act, it was held as follows :-'the prosecution proposed to be launched under the provident funds and miscellaneous provisions act and employees' state insurance act, are not at the behest of the registrar of companies or the share holders of the company or by a person authorised by central government in that behalf ..... and solely with ix view to frustrating the penal provisions of employees' provident funds and miscellaneous provisions act, 1952, the respondents for the fourth time moved this honourable court on the self same prayers for injunction restraining the applicant from taking any steps against the said company for wilful violation of the provisions of the said act and also praying for instalments for payment of huge sum of provident fund dues and .....

Chief Commissioner Of Central Goods And Service Tax Vs. M/s Safari Ret ...

Court : Supreme Court of India

..... page 46 of 91 intended to be used for activities relating to his obligations under corporate social responsibility referred to in section 135 of the companies act, 2013 (18 of 2013); (g) goods or services or both used for personal consumption; (h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and (i) any tax paid in accordance with the provisions of section 74 ..... law for the time being in force and in case of non- requirement of such certificate from such authority, from any of the following, namely: (i) an architect registered with the council of architecture constituted under the architects act, 1972; or (ii) a chartered engineer registered with the institution of engineers (india); or (iii) a licensed surveyor of the respective local body of the city or town or village or development or planning authority; (2) the ..... shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless, (a) he is in possession of a tax invoice or debit note issued by a supplier registered under this act, or such other tax paying documents as may be prescribed; (aa) the details of the invoice or debit note referred to in clause (a) has been furnished by the supplier in the statement of outward supplies and such details have been communicated ..... that the expression plant and machinery occurs ten times in chapter v and chapter vi and the expression plant or machinery occurs only once ..... miscellaneous ..... miscellaneous .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... he is by habit a robber, house breaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery; (2) any person convicted of an offence punishable under chapter xvi of the indian penal code, whose previous conviction or convictions taken in conjunction with the facts of the present case show that he habitually commits offences against the person; (3) any person committed to or detained ..... 219. definition of habitual criminal the following persons shall be liable to be classified as habitual criminals, namely: (i) any person convicted of an offence punishable under chapters xii, xvii, xviii of the indian penal code (central act xiiv of whose previous conviction or convictions taken in conjunction with the facts of the present case shows that he is by habit a robber, dacoit 101 part xiii thief or receiver of stolen property ..... v. union of india,226 while dealing with the prohibition of employment as manual scavengers and their rehabilitation act, 2013, the court directed the union government to take appropriate measures and issue directions, to all statutory bodies, including corporations, railways, cantonments, as well as agencies under its control, to ..... respectively. the miscellaneous chapter contains provisions regarding extramural custody, control and employment of prisoners, confinement in irons for safe ..... gillin, taming the criminal: adventures in penology, macmillan company (1931), .....

M/s Patanjali Foods Limited Vs. Commissioner Of Central Excise And Ser ...

Court : Karnataka

..... during the pendency of the appeal, an order dated 8.12.2017/15.12.2017 under section 7 of the insolvency and bankruptcy code, 20164 was passed by the national company law tribunal, mumbai bench5 in cp no.1371-1372/i&bp/nclt/mah/2017, whereunder the nclt ordered commencement of corporate insolvency resolution process6 against ruchi soya industries ltd ..... -16- where in any proceedings the appellant or applicant or respondent dies or is adjudicated as an insolvent or in the case of a company, is being wound up, the appeal or application shall abate, unless an application is made for continuance of such proceedings by or against the successor-in-interest, the executor, administrator, receiver, liquidator or other legal representative of the appellant or applicant or respondent, ..... it was further contended vide the said miscellaneous applications, inter alia, that the demand for the period july 2007 to august 2011 in relation to the assessee has stood extinguished since no claim was filed by the revenue before the ..... ) the present appeal is filed by the assessee under section 35g of the central excise act, 19441 challenging the final order no.21234/2023 dated 9.11.2003 passed in excise appeal no.25387/2013 by the customs, excise and service tax appellate tribunal, bangalore2. ..... chapter iii in part contemplates liquidation process and section 33 to section 54 deals with the ..... chapter ii in part ii contemplates corporate insolvency resolution process and section 6 to section 32a deals with the .....

Just Rights For Children Alliance Vs. S. Harish

Court : Supreme Court of India

..... establish not just the storage or possession of any child pornographic material, but also any other material to indicate any actual transmission, propagation, display or distribution of any such material or any form of an overt act such as preparation or setup done for the facilitation of the transmission, propagation, display or distribution of such material, whereafter, the statutory presumption would stand attracted, and it shall be presumed by the courts that the ..... sub section 2 of section 21 provides that any person who being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section 1 of section 19 in respect of a subordinate under his control, shall be punishable with imprisonment with a term which may ..... of nct of delhi reported in (2017) 2 scc18held that chapter xi of the it act, more particularly section(s) 67 through 67b are a complete code in itself when it comes to offences relating to electronic forms ..... criminal miscellaneous petition ..... state of maharashtra, reported in (2013) 5 scc546 this court expressing its anguish over the large number of cases of abuse and exploitation of children, held that such issues must be collectively dealt by all stakeholders in a child-centric ..... in 2014 over 2013 and no decline in the ..... 2013 ..... 2013 ..... , child pornography and likelihood of contact abuse: a comparison between contact child sexual offenders and noncontact offenders, 25(4) sex abuse, 370 (2013). ..... in 2013 over .....

Bhagwan Singh Vs. State Of U.p.

Court : Supreme Court of India

..... noted that the said bhagwan singh who was also present in the court on 09.08.2024 stated that his daughter rinki had eloped and married with sukhpal singh in 2013 and since then he had not met either 6 sukhpal singh or his daughter rinki, and therefore he could not have signed the vakalatnama or the papers ..... from the record of the said application being no.41533/2019, it further appears that a criminal miscellaneous recall application no.3/2020 was sought to be filed in the name of the applicant- rinki by advocates arun kumar mishra and hemant kumar srivastava, seeking recall of the order dated 16.12.2019 ..... -petitioner bhagwan singh all throughout the proceedings maintained his stand and stated in his affidavit that he had never met his daughter rinki or his son-in-law sukhpal since 2013, nor he had any contact with his daughter telephonically or by any other means as sated in his affidavit he had not travelled to allahabad since 2014 for any ..... dated 31.08.2024 in compliance with the order dated 28.08.2024 stating inter alia the provisions of section 8 of the notaries act, 1952 and rule 11 of the notaries rules, 1956 and further stated as under: - 7. ..... the opportune time to remind the advocates about the standard of professional misconduct and etiquettes as contained in chapter ii part vi of the bar council of india rules. ..... uphold the interests of his client, his conduct must conform to the rules of conduct and etiquettes laid down in the said chapter, both in letter and in spirit.34. .....