Court : Delhi
Decided on : Mar-18-1984
Reported in : ILR1995Delhi49
..... so heated is, either alone or in combination with the contents of the drain, dangerous, or the cause of a nuisance, or prejudicial to health, or(c) any dangerous petroleum (2) in this section, the expression 'dangerous petroleum'' has the same meaning as in the petroleum act, 1934 (30 of 1934).section 242 application by owners and occupiers to drain ..... markets or slaughter houses and may provide and maintain in any such markets, buildings and places machines, weights, scales and measures for the weighment or measurement of goods sold therein.(2) municipal markets and slaughter houses shall be under the control of the commissioner who may, at any ..... act, 1960 the delhi police has been negligent in taking action against the offenders. chapter 9 of the delhi police act, 1978 gives special powers to the police to take action against persons responsible for the cruelty to animals.13. the petitioner has also made reference to report submitted in january, 1983 ..... regulations of various provisions of the acts by the municipal corporation of delhi so far as the instant matter is concerned. the learned counsel has invited our attention to section 59 of the delhi municipal committee act, 1957. the entire executive power for the purpose of carrying out the provisions of this act vest in the commissioner except pertaining to the delhi electricity supply undertaking. the commissioner has failed to perform its obligation and duties of administration under the provisions of section 59 of the said act .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-09-1984
Reported in : [1985]57CompCas241(Bom)
Madhava Reddy, C.J.1. The questions that arise for consideration in this writ petition filed by Escorts Ltd. and its shareholder and managing director are quite unique and important. The decision thereon may affect not only the petitioner-company but the entire corporate sector and the public financial institutions. Naturally, this writ petition has attracted considerable public attention both lay and legal. Quite a few facts are required to notice to appreciate the issue canvassed in this case. Though inferences sought to be down and the conclusions sought to be pressed by the parties form the facts leading to the filing of this writ petition differ, the facts themselves in the ultimate analysis are not very much in dispute.2. Till 1980, among the non-residents, only individuals of Indian nationality origin were given the facility to invest in Indian Industries; not the companies. The Government of India was eager to attract larger foreign remittances into India. In a report of the Wo...
Tag this Judgment!Court : Mumbai
Decided on : Apr-18-1984
Reported in : 1985(1)BomCR70
R.A. Jahagirdar, J.1. An order dated 28th of March, 1983 passed by the Collector of Nasik under section 10 of the Maharashtra Municipalities Act, 1965 is the subject matter of challenge in this petition under Article 226 of the Constitution of India. By the aforesaid order, the Collector, in exercise of the powers vested in him, divided the Municipal area of Yeola Municipality into different wards for the purpose of the elections, under Chapter II of the Maharashtra Municipalities Act, hereinafter referred to as the ''Municipalities Act''. It is the petitioners' case that while exercising this power and while also using certain discretion vested in him the Collector has committed flagrant violation of the duty cast upon him and has also committed grave errors in the exercise of the jurisdiction vested in him. The petitioner's case is that under section 10 of the Municipalities Act, each Municipal area has to be divided in to different wards of equal population and any order which resul...
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1984
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
Sachar, J. (1) This judgment will dispose of both the writpetitions. Apart from some details on facts on their own most of the main points are common. I shall take the facts from Cw 4037 of 1982 as counsel for the petitioner argued from this petition.(2) This petition challenges the impugned order dated20-12-1982 passed by the Collector, Customs and Central Excise, Ahmedabad under Section 111(d) of the Customs Act.By the said order he directed the confiscation of 3002.557 MT of Refined Industrial Coconut oil imported by the petitioner,He gave, however, an option to the petitioner petititonerto redeem the goods on payment of a fine of Rs.two crores in terms of Section 125 of the Customs Act.(3) Section 11 of the Customs Act, 1962 empowers theCentral Government that it may by notification, in the official gazette prohibit either absolutely or subject to such conditions as may be specified the import or export of goods of any specified description. Section 111(d) of the Customs Act says t...
Tag this Judgment!Court : Rajasthan
Decided on : Jun-11-1984
Reported in : AIR1985Raj104; 1984()WLN291
ORDERGuman Mal Lodha, J. 1. These writ, petitions as per Schedules A & B raise common questions of law, though there may be some, addotopma; features in some of the petitions, a joint request was made by the learned counsel for the petitioners M/s. M. Mridul, and I.J. Lodha, on behalf of the petitioner and A.K. Mathur. Additional Advocate General on behalf of the Slate of Rajasthan, that it would be in the interest of justice if they all are heard and decided together. Since I was of the view that the request was fair and reasonable, all these writ petitions are being decided by this common judgment.2. All the writ petitioners are claiming agricultural land in various parts of Sri Ganganagar district of Rajasthan State and their long drawn battle relates to the effort of the respondents to either take possession of some land by declaring surplus or refuseallotment under the various laws which would be referred a little later, and the rival efforts of the petitioners to hold on the land...
Tag this Judgment!Court : Himachal Pradesh
Decided on : Aug-03-1984
Reported in : AIR1985HP53
P.D. Desai, C.J.1. The petitioners are residents of Shimla and they are registered as voters in the electoral rolls of the Shimla Assembly Constitutency. The first petitioner was also an elected member of the Shimla Municipal Committee (hereinafter to be referred to as 'the Municipal Committee') from 1960 to 1966.2. The Local-Self Government in the town of Shimla has passed through several vicissitudes. The last general election to the Municipal Committee was held sometime in 1960 under the provisions of the Punjab Municipal Act, 1911 (hereinafter to be referred to as the 'Punjab Act') which was thin applicable to the local area declared to be the Municipality of Shimla. By a notification dt. May 16, 1966, which was published in the Punjab Government Gazette (Extraordinary) dt. May 17, 1966, the Governor of Punjab superseded the Municipal Committee with immediate effect in exercise of the powers conferred by Section 238 of the Punjab Act and directed that all powers and duties of the M...
Tag this Judgment!Court : Gujarat
Decided on : May-03-1984
Reported in : 1984CriLJ1790
ORDERA.P. Ravani, J.1. Some questions of vital public importance have arisen in this petition. On this point at least, the learned Counsel appearing for rival parties appear to be ad idem. The questions are : Does it behave to the lawyers as a class to resort to strike and if anyone publicly comments and publishes the same in a rather unhappy or unpleasant language, would it amount to defamation of an individual member of the class of lawyers? Further, if the insinuating remarks are directed against the entire class of lawyers, would it amount to an offence of defamation so as to attract the provisions of Sections 499 and 500 of the Indian Penal Code2. According to the complainant, since September 23, 1983, the lawyers in Gujarat were protesting against the interference of the Government in judiciary. On account of the agitation, they ceased to participate in court proceedings and resorted to 'satyagraha'. As stated in the Resolution passed on February 2, 1984 by the Executive Committe...
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
D.A. Desai, J.1. Respondent Abdul Rehman Antulay (hereinafter referred to as the accused) was the Chief Minister of the State of Maharashtra from 1980 till he submitted his resignation on January 12, 1982, which became effective from January 20, 1982. He thus ceased to hold the office of the Chief Minister from January 20, 1982 but continues to be a sitting member of the Maharashtra Legislative Assembly till today.2. As the contentions canvassed before this Court are mainly questions of law, facts at this stage having a peripheral relevance in the course of discussion, it is unnecessary to set out the prosecution case as disclosed in the complaint filed by complainant Ramdas Shrinivas, Nayak (complainant for short) in detail save and except few a pertinent and relevant allegations. In the process the brief/history of the litigation may also be traced.3. The complainant moved the Governor of Maharashtra by his application dated September 1, 1981 requesting him to grant sanction to prose...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-02-1984
FCC v. League of Women Voters - 468 U.S. 364 (1984) U.S. Supreme Court FCC v. League of Women Voters, 468 U.S. 364 (1984) Federal Communications Commission v. League of Women Voters of California No. 82-912 Argued January 16, 1984 Decided July 2, 1984 468 U.S. 364 APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA Syllabus The Public Broadcasting Act of 1967 (Act) established the Corporation for Public Broadcasting (CPB), a nonprofit corporation, to disburse federal funds to noncommercial television and radio stations in support of station operations and educational programming. Section 399 of the Act forbids any noncommercial educational station that receives a grant from the CPB to "engage in editorializing." Appellees (Pacifica Foundation, a nonprofit corporation that owns and operates several noncommercial educational broadcasting stations that receive grants from the CPB, the League of Women Voters of California, and an individual list...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-05-1984
United States v. Leon - 468 U.S. 897 (1984) U.S. Supreme Court United States v. Leon, 468 U.S. 897 (1984) United States v. Leon No. 82-1771 Argued January 17, 1984 Decided July 5, 1984 468 U.S. 897 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT Syllabus Acting on the basis of information from a confidential informant, officers of the Burbank, Cal., Police Department initiated a drug-trafficking investigation involving surveillance of respondents' activities. Based on an affidavit summarizing the police officers' observations, Officer Rombach prepared an application for a warrant to search three residences and respondents' automobiles for an extensive list of items. The application w as reviewed by several Deputy District Attorneys, and a facially valid search warrant was issued by a state court judge. Ensuing searches produced large quantities of drugs and other evidence. Respondents were indicted for federal drug offenses, and filed motions to suppr...
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