Court : Karnataka
..... . the learned magistrate, as is done day-in and day-out, without even looking into the contents of the complaint, refers the matter for investigation, as even section 500 of the ipc has been roped in, at the time of registration of the crime, which deals with defamation and the police have admittedly no jurisdiction to enquire into ..... was however strenuously urged by mr tulsi, that even if it was assumed that mr gill had outraged the modesty of mrs bajaj still no offence under section 354 ipc could be said to have been committed by him for the other ingredient of the offence, namely, that he intended to do so was ..... . the employer is empowered to constitute the internal complaints committee under section 4 of the act and proceed with the enquiry and based on the report, initiate all further actions under the provisions of the act as well as under the service rules in force, more specifically, under the conduct ..... we had presumed he had no such intention he must be attributed with such knowledge, as the alleged act was committed by him in the presence of a gathering comprising the elite of the society as the names and designations of the people given in the fir indicate ..... emp no:1745 (hereinafter referred to as 'you') joined swiss re global business solutions india private limited (hereafter referred to as the 'company') on 18th may 2017 and as on this date designated as head transition accounting services bangalore. ..... . the 6th accused is a designated vice president and is the legal counsel .....
Tag this Judgment!Court : Karnataka
..... . the learned magistrate, as is done day-in and day-out, without even looking into the contents of the complaint, refers the matter for investigation, as even section 500 of the ipc has been roped in, at the time of registration of the crime, which deals with defamation and the police have admittedly no jurisdiction to enquire into ..... was however strenuously urged by mr tulsi, that even if it was assumed that mr gill had outraged the modesty of mrs bajaj still no offence under section 354 ipc could be said to have been committed by him for the other ingredient of the offence, namely, that he intended to do so was ..... . the employer is empowered to constitute the internal complaints committee under section 4 of the act and proceed with the enquiry and based on the report, initiate all further actions under the provisions of the act as well as under the service rules in force, more specifically, under the conduct ..... we had presumed he had no such intention he must be attributed with such knowledge, as the alleged act was committed by him in the presence of a gathering comprising the elite of the society as the names and designations of the people given in the fir indicate ..... emp no:1745 (hereinafter referred to as 'you') joined swiss re global business solutions india private limited (hereafter referred to as the 'company') on 18th may 2017 and as on this date designated as head transition accounting services bangalore. ..... . the 6th accused is a designated vice president and is the legal counsel .....
Tag this Judgment!Court : Karnataka
..... . the learned magistrate, as is done day-in and day-out, without even looking into the contents of the complaint, refers the matter for investigation, as even section 500 of the ipc has been roped in, at the time of registration of the crime, which deals with defamation and the police have admittedly no jurisdiction to enquire into ..... was however strenuously urged by mr tulsi, that even if it was assumed that mr gill had outraged the modesty of mrs bajaj still no offence under section 354 ipc could be said to have been committed by him for the other ingredient of the offence, namely, that he intended to do so was ..... . the employer is empowered to constitute the internal complaints committee under section 4 of the act and proceed with the enquiry and based on the report, initiate all further actions under the provisions of the act as well as under the service rules in force, more specifically, under the conduct ..... we had presumed he had no such intention he must be attributed with such knowledge, as the alleged act was committed by him in the presence of a gathering comprising the elite of the society as the names and designations of the people given in the fir indicate ..... emp no:1745 (hereinafter referred to as 'you') joined swiss re global business solutions india private limited (hereafter referred to as the 'company') on 18th may 2017 and as on this date designated as head transition accounting services bangalore. ..... . the 6th accused is a designated vice president and is the legal counsel .....
Tag this Judgment!Court : Supreme Court of India
..... section shall apply unless (a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier; (b) the payee or the ..... it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may be extended to two years , or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in this ..... moved this court in challenge to the said impugned judgment on the grounds that as the signature on the concerned cheque was admitted by the respondent, the appellant was able to successfully raise a presumption under section 139 of the ni act 1881 and as per the submissions of the respondent, he had failed to rebut the said presumption. ..... showcases, it raises a rebuttable presumption as against the drawer to the extent that the concerned negotiable instrument was drawn and subsequently accepted, indorsed, negotiated, or transferred for an existing consideration, and the date so designated on such an instrument is the date when the concerned negotiable instrument was drawn. .....
Tag this Judgment!Court : Supreme Court of India
..... provided that in the case of difference of opinion between the lieutenant governor and his ministers on any matter, the lieutenant governor shall refer it to the president for decision and act according to the decision given thereon by the president and pending such decision it shall be competent for the lieutenant governor in any case where the matter, in his opinion, is so ..... , in particular, sub-article (4), read in conjunction with section 41 of the government of national capital territory act of 1991,6 he submitted that these provisions mirror article 163 of the constitution, requiring the governor to act only on the aid and advice of the popularly elected government ..... direct election on the basis of adult suffrage from various wards into which delhi shall be divided in accordance with the provisions of section 5: provided that twelve out of the eighty seats of councillors shall be reserved for the members of the scheduled castes. ..... in this sub-clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislative assembly. ..... the date of commencement of the constitution (sixty- ninth amendment) act, 1991, the union territory of delhi shall be called the national capital territory of delhi (hereafter in this part referred to as the national capital territory) and the administrator thereof appointed under article 239 shall be designated as the lieutenant governor. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... above, we answer the reference as under: i)the magistrate or the special court is conferred with the power/jurisdiction to consider the application for interim custody of the conveyance/vehicle under the provisions of sections 451 and 457 of the code of criminal procedure in cases arising out of the provisions of ndps act; and ii) the drug disposal committee constituted under the notification dated 16.1.2015 issued by the central government under the provisions ..... section 63: in the trial of offences under this act, whether the accused is convicted or acquitted or discharged, the court shall decide whether any article or thing seized under this act is liable to confiscation under section 60 or section 61 or section 62 and, if it decides that the article is so liable, it may order ..... in view of the fresh notification issued by the central government dated 23.12.2022, though, the earlier notification dated 16.01.2015 has been repealed, there is no clarification for release of the vehicle for interim custody. ..... both the counsel and perused the records, the following points would arise for consideration: i) whether the sessions judge being the special court under the ndps act, is empowered to release the vehicle in view of the judgment of the division bench of this court in crl.rp.no.623/2020?. ..... judge has rejected the application on the ground that the central government has issued a new or fresh notification dated 23.12.2022, vide which, the notification dated 16.01.2015 is repealed.10. .....
Tag this Judgment!Court : Supreme Court of India
..... integrity in the decision-making process; ii) identification of slum dwellers: this involves a complicated process of proof of such a status, the attendant problem of groupism, giving rise to competing claims inevitably leading to litigation; iii) selection of a developer: the act leaves this decision to the cooperative society of slum dwellers and the majority decision is manipulated by competing and rival developers; iv) apportionment of the slum land between redevelopment area and sale area: this is yet another ..... lastly, he submits that in any case, the sra has the power to suo moto proceed against the appellant under section 13(2) of the act and therefore the withdrawal of complaints is not fatal to proceeding against the appellant and does not preclude the agrc from deciding the appeal. mr. ..... of the buildings in accordance with a clearance order, the competent authority, if it is satisfied that the land has been, or is being, redeveloped by the owner thereof in contravention of plans duly approved, or any restrictions or conditions imposed under sub-section (10) of section 12, or has not been redeveloped within the time, if any, specified under such conditions, may, by order, determine to redevelop the land at its own cost. ..... since the sra is the authority which issued the letter of intent, it will definitely have the power to cancel the letter of intent... 52. .....
Tag this Judgment!Court : Supreme Court of India
..... union. referring to various provisions of the mmdr act, 1957 such as section 3(a) which defines minerals to include all minerals except mineral oils; mining lease in section 3(c) and mining operations in section 3(d) and the definition of minor minerals in section 3(e) of the said act, it was observed that section 2 of the said act declared that it was expedient in public interest that the union should take under its control the regulation of civil appeal nos.4056-4064 of 1999 ..... working conditions code also defines minerals to mean all substances which can be obtained from the earth by mining, digging, drilling, dredging, hydraulicing, quarrying or by any other operation and to include mineral oils.192 these definitions are indicative of the fact that: (i) the expression mines includes both the process by which minerals are extracted from the earth as well as the place where such extraction takes place; and (ii) minerals are ..... . therefore, the state legislature is competent while designing the levy under entry 49 of list ii to tax lands which comprise of mines and quarries ..... act. if, for instance, section 9 of the mmdr act, 1957 is repealed and the parliament leaves it to the wisdom of state legislatures to impose royalty, then, there cannot be a duplication of taxes on mineral bearing land: one under entry 49 - list ii and another under entry 50 - list ..... coextensive. the validation act would remain in force till parliament chooses to repeal .....
Tag this Judgment!Court : Supreme Court of India
..... have not been specified but is not unsafe: provided that such food does not contain any of the foods and ingredients prohibited under this act and regulations made thereunder.23.4 since i am dealing with ge or modified food, it would be useful to note the definition thereof under sub-section (2) of section 22, which defines it as food and food ingredients composed of or containing gm or engineered organisms obtained through modern biotechnology, or food and food ..... into account all environmental factors before granting future approvals and make an endeavour to have specifically designated farms for field testing, in collaboration with the union of india. 50.4. ..... (xviii) specific sites for conducting confined field trials need to be designated, certified, and sufficient mechanisms put in place for monitoring the trials and ensuring restricted access, disposal of material, associated ..... it was concluded that the state had failed to design or apply effective measures to protect the local population from ..... tor d specific sites for conducting field trials need to be designated, certified and sufficient mechanisms put in place for monitoring the trials and ensuring restricted access, associated ..... specific sites for conducting confined field trials need to be designated, certified, and sufficient mechanisms put in place for monitoring the trials and ensuring restricted access, disposal of material, associated testing and other facilities, these sites should be used only for field trials .....
Tag this Judgment!Court : Supreme Court of India
..... holding that this is impermissible, the court held that: 9 it may be seen from the bare reading of the aforesaid section that under section 125(1) of the act, option is given to the importer whose goods are confiscated, to pay the fine in lieu of confiscation and redeem the ..... whenever an order confiscating the imported goods is passed, an option, as provided under sub-section (1) of section 125 of the customs act, is to be given to the person to pay fine in lieu of the confiscation and on such an order being passed according to sub-section (2) of section 125, the person shall in addition be liable to any duty and charges payable in respect of ..... whenever an order confiscating the imported goods is passed, an option, as provided under sub-section (1) of section 125 of the customs act, is to be given to the person to pay fine in lieu of the confiscation and on such an order being passed according to sub-section (2) of section 125, the person shall in addition be liable to any duty and charges payable in respect of such goods [ ..... we can thus conclude the second principle that, when confiscation proceedings are initiated under section 124 of the act, the obligation to pay duty and other charges under section 125(2) will arise only when the owner of goods exercises the option to pay fine for redemption of goods and the department accepting ..... the goods were confiscated, they were released to the importer, who exercised the option to redeem them under section 183 of the repealed act. .....
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