Court : Chennai
..... of fera, 1973, where any document-- (i) is produced or furnished by any person or has been seized from the custody or control of any person, in either case, under this act or under any other law, or (ii)has been received from any place outside india (duly authenticated by such authority or person and ..... relevant to extract the letter, dated 20.05.1996, written by the respondent to the secretary, ministry of finance, department of revenue, central intelligence economic bureau, new delhi, which reads as follows:- from, t.t.v.dhinakaran cofeposa detenu central prison, madras to, the secretary, ministry of finance, dept. of revenue, central intelligence economic ..... bureau lok nayak bhawan khan market, new delhi. through the superintendent, central prison, madras. sir, ref: detention order passed by the joint secretary in f.no.673/6-96-cus.viii dated 5.2.1996 .....
Tag this Judgment!Court : Chennai
..... to examine the legal regime prevailing as of now pursuant to the introduction of foreign trade (development and regulation) act, 1992, repealing the imports and exports (control) act, 1947. the foreign trade (development and regulation) act, 1992, authorized under section 3 thereof the central government to make provision for the development and regulation of foreign ..... absolute. thus the authorities of the customs have every right to exercise full power and control over the imported goods under section 45 of the act, till such time they are properly cleared. 19. section 110 of the act has provided for seizure of goods, documents and other things. it has set out that ..... once again sealed. thus, the writ petitioner/appellant has been successfully and effectively prevented from gaining access, control and or possession of the goods imported in spite of payment of necessary duty thereon. therefore, the 'act of detention of goods' by the customs amounts to seizure of the goods. when once the goods .....
Tag this Judgment!Court : Chennai
..... card and introduced himself with the accused. when he examined the accused, the accused gave his name and address. he informed to the accused that under the ndps act, the accused had a right to demand search in the presence of judicial magistrate or gazetted officer, for which, the accused told that not necessary, the sub ..... central railway station, chennai. the seizure and recovery proceedings had not been done in the presence of the independent witness and violated the provision of section 50 of ndps act, which is mandatory. further, he would submit that there are certain contradictions between the witnesses and the evidence of the witnesses about the number of rexine bags ..... of police asked the accused, whether he had to be searched in the presence of judicial magistrate or gazetted officer, as the accused had a right under ndps act. the accused told that not necessary and the sub inspector, himself can conduct the search. the same was reduced into writing and the signatures of the accused .....
Tag this Judgment!Court : Chennai
..... wherein he has stated that a copy of the representation and the petition without para wise comments was forwarded to the secretary, ministry of home affairs, new delhi by the government of tamil nadu in letter no.3252/l and o.g./2015-2 dated 07.08.2015 and the same was received by the department ..... s. nagamuthu, j. 1. in all these habeas corpus petitions, the preventive detention orders passed under sub-section (3) of section 3 of the national security act, 1980 [central act 65 of 1980], by the 3rd respondent are under challenge. 2.0 the circumstances under which these detention orders came to be issued by the 3rd respondent are, ..... above occurrence, a case was registered in crime no.1 of 2015 under sections 120-b r/w 124-a of ipc and section 20 of the unlawful activities (prevention) act, 1967. during the course of investigation, these accused made voluntary confessions individually admitting their involvement in the crime. the investigation revealed that the detenue shyna @ shyni @ shoba .....
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..... the efforts of sir evelyn ruggles-brise (1857-1937). (see vallabhapuram ravi's case). 20. only in those circumstances, the madras legislature passed the borstal schools act (act 51 of 1926) to make provisions for the establishment and regulation of borstal schools for the detention and training of adolescent offenders. the statement of objects and reasons of ..... in 1955, section 53 of the indian penal code was amended, section 53-a was introduced and section 59 was deleted by the code of criminal procedure amendment act, 1955 (central act 26 of 1955). section 53, as it stands now, reads as under: 53 punishments: the punishments to which offenders are liable under the provisions of this ..... state government may, if satisfied that any offender who has been sentenced to transportation either before or after the passing of the madras borstal schools (amendment) act, 1939 (madras act xiii of 1939), and who at the time of conviction was not less than 16 in the case of a boy and not less than 18 in .....
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..... defendants are identical to the plaintiffs containers/cartons. the plaintiffs also claimed to have tested the samples of the defendants products in a laboratory for quality control. the analysis carried out by the plaintiffs chemists confirmed that the products sold by the defendants were spurious and substandard as the said greases, lubricants and ..... scheme, getup and layout as that of the plaintiffs belonged to the plaintiffs only. this would cause confusion and deception amongst the trade and consumers. such act of the defendants in adopting clandestine method to pass off their products for the plaintiffs' superior products. the defendants are adopting the method of recycling the ..... had assigned all copyright in the said castrol logo to the first plaintiff, which is marked as ex.p.7. under section 40 of the copyright act, the first plaintiff's artistic work, castrol logo and castrol packaging with distinctive colour scheme, get up and layout enjoy automatic protection in india. the trade .....
Tag this Judgment!Court : Chennai
..... respondent for issuance of pio card. the learned counsel appearing for the petitioner, in support of his submissions, placed reliance upon the judgment in abc vs. state [nct of delhi] [(2015) 10 scc 1 : 2015 7 scale 480]. 5. per contra, mr.v.venkatesan, learned senior central government standing counsel, who appears on behalf of the ..... the interest of the child being the paramount consideration. 8. the hon'ble supreme court of india concluded that section 6(a) of the hindu minority and guardianship act, 1956 itself recognises that both the mother and the father ought to be treated as natural guardians and the expression after therefore shall have to be read and ..... the name of the father or get a guardianship / adoption certificate from the court. accordingly, she filed an application under section 7 of the guardians and wards act, 1890 before the competent court to declare her as the sole guardianship. the appellant had also published a notice of the petition in a daily newspaper and had .....
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..... justification to deny cenvat credit, the revenue has no case and the department is not at liberty to demand either interest or penalty. 12. when the central excise act, 1944 and the rules framed thereunder, permit the adjustment of cenvat credit, and when the cenvat credit is granted, there is no outstanding duty payable and therefore, ..... can be issued only in serious cases where there is allegation of fraud, suppression, willful misstatement or for other reasons mentioned in proviso to section 11a(1) of the act and that unfortunately, provisions of section 11 a(1) had been used unwarrantedly. 8.3. these issues raised by the assessees have been partly answered by the tribunal ..... short-paid or erroneously refunded by reasons of fraud, collusion or any willful mis-statement or suppression of facts, or contravention of any of the provisions of this act or of the rules made thereunder with intent to evade payment of duty, the person who is liable to pay duty as determined under sub-section (2) .....
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..... and settlements, and regulates the rights of the parties and the enforcement of the awards and settlements. thus, by empowering the adjudicator authorities under the act to give reliefs such as reinstatement of wrongfully dismissed or discharged workmen, which may not be permissible in common law or justified under the terms of ..... have to sanction prosecution against the erring officials falling under section 32 of the i.d. act, 1947, taking note of the principles laid down by the apex court in the case of raj kumar gupta v. lt. governor, delhi and another (1997 (1) llj 994), authorizing a person identified by the union to ..... initiate a complaint before the appropriate criminal court to bring the issue to a logical conclusion. 30. before parting with the judgment, i would like to register my views on the issue of sanction for an employee to prosecute an industrial dispute. the industrial disputes act .....
Tag this Judgment!Court : Chennai
..... the question of the petitioner's involvement in the alleged irregularities arise; 3) the petitioners contention that only the 2nd accused is totally responsible for exercising overall control and that all other directors or officers do not have any role is a point in dispute, which has to be sorted out in a trial court, ..... have raised irrevocable letter of credit in favour of the companies situated in singapore and paid for goods received by them. the special director of enforcement, new delhi issued show cause memorandum on 25.9.1997 to the a1 company proposing penalties on the companies under section 50 of fera. after giving notice, sufficient opportunity ..... 23.04.2002. it is submitted that a non-bailable warrant was issued by this honourable court for offence under section 56 of foreign exchange and regulation act. the same is pending execution.4. the complainant further contended that on the basis of initial scrutiny of documents, statements were recorded from the important functionaries .....
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