Court : Kolkata
Reported in : 1971CriLJ1370
..... goods which, are imported or attempted to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force'. it is therefore clear that the goods which are brought to india and which have been ..... 3. it is apparent therefore that in the show cause notice two charges were levelled against the petitioner, - one was contravention of the foreign exchange regulation act, 1947 and secondly, that prohibited goods had been exported without a valid order permitting the export and as such there was contravention of section 113 read with section 114 of the customs ..... are chargeable to duty and on which duty has not been paid. section. 2(33) deals with prohibited goods and states that prohibited goods mean any goods the import or export of which is subject to any prohibition under the said act or any other law for the time being in force but do not include any such goods in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1973Mad55
..... to any person or authority including in appropriate cases any government, within those territories directions, orders, or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by part iii and for any other purpose.'the right, the ..... to allow any person to put up any permanent construction, however small it may be, in the middle of a public street. the fact that no express prohibition is contained against granting such permission does not mean that the power to grant such permission could be inferred. a statutory body like the municipal council cannot ..... . express prohibition is contained in section 180 against constructing anything which would be an obstruction in or over a street except as provided in the act. the exceptions are (1) projections such as balconies, sunshades etc., (2) constructions such as steps and drainage, (3) temporary erection of pandals and (4) lease .....
Tag this Judgment!Court : Chennai
Reported in : (1972)2MLJ485
..... any person or authority, including in appropriate cases any government, within those territories directions, orders, or writs including, writs in the nature of habeas corpus mandamus, prohibition, quo warranto and certiorari or any of them for the enforcement of any of the rights conferred by part 111 and for any other purpose.the right the infringement ..... allow any person to put up any permanent construction, however small it may be, in the middle of a public street. the fact that no express prohibition is contained against granting such permission does not mean that the power to grant such permission could be inferred. a statutory body like the municipal council cannot ..... . express prohibition is contained in section 180 against constructing anything which would be an obstruction in or over a street except as provided in the act. the exceptions are (1) projections such as balconies, sunshades etc. (2) constructions such as steps and drainage (3) temporary erection of pandals and (4) lease .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2256; 1971CriLJ1547; (1971)1SCC503
..... in the meanwhile the complainant would be contravening the rules. the simple answer to it is that the complainant could easily have said that he will not permit shetty to act as manager till then. it was in the power of the complainant to make the necessary adjustments with shetty rather than plead poverty or agree to pay the bribe. ..... serve customers meals and tea for which a hotel licence was obtained by him under the public entertainment rules made under the bombay police act. the licence was current for the year january 1, 1965 to december 31, 1965. according to p.w. 1 he entered into an agreement with his friend one ..... thana and convicted him of an offence under section 161 i.p.c. as also under section 5(1)(d) read with section 5(2) of the prevention of corruption act for demanding and accepting illegal gratification of rupees 25/-.2. the complainant bommayya bondayya dhanpilley, p.w. 1 was running a hotel at bhiwandi, where he would prepare and .....
Tag this Judgment!Court : Allahabad
Reported in : 1971CriLJ1582
..... safeguard against improper practices. the use by a witness while he is giving evidence of a statement made by him to the police raises different considerations. the categorical prohibition of such use- would be merely disregarded if reliance were to be placed on the evidence of a witness who had made material use of the statement when ..... upon a police officer under the code of criminal procedure.in my opinion, therefore, while conducting an inquiry under section 8 of the railway property (unlawful possession) act, 1966 an officer of the force has to be guided by the provisions of the code of criminal procedure in respect of that inquiry, which amounts to an ..... protection force investigated the case and on the basis of his investigation, applicant was tried for an offence under section 3(a) of the railway property (unlawful possession) act, 1966.4. at the trial, applicant, pleaded not guilty and had denied the recoveries. according to him, he had a row with a rakshak and was beaten and .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1971Cal444
..... are chargeable to duty and on which duty has not been paid.'section 2(33) provides the definition of prohibited goods. 'prohibited goods' meant any goods the import or export of which was subject to any prohibition under the act or any other law for the time being in force but did not include any such goods in respect ..... . if any mis-declaration or false declaration was made to defeat or delay the payment of duty or which was calculated to evade any prohibition as provided by the act, then such a declaration might amount to a misdeclaration of certain material facts as contemplated by the section. but in this case, the admitted position ..... goods attempted to be improperly exported, etc.,--the following export goods shall be liable to confiscation:--(i) any dutiable or prohibited goods which do not correspond in any material particular with the entry made under this act or in the case of baggage with the declaration made under section 77,..........'section 114(ii) provides penalty for attempt .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All366
..... argued by the learned counsel for the plaintiff respondent, does not apply to transfers which are not inter vivos even then if there is no prohibition in the u. p. z. a. and l. r. act for transferring agricultural land for religious and charitable purporses, why cannot it be transferred in terms of the law applicable to a particular citizen. if under ..... . and l. r. act there does not appear to be any bar to a bhumidhar creating a waqf of his bhumidhari right in the land. 11. it ..... whether it is to a living person or to a juristic person.there is no prohibition in the entire u. p. z. a. and l. r. act from making a gift of one's bhumidhari right in favour of god almighty. in absence of any prohibition in the act in view of the clear provisions of s, 152 of the u. p. z.a .....
Tag this Judgment!Court : Mumbai
Reported in : [1975]98ITR50(Bom)
..... of the carrying on of the business and to be incidental to it. if that is established, then the deduction must be allowed, provided of course there is no prohibition, express or implied, against it; (2) if employment of agents is incidental to the carrying on of the business, it must logically follow that losses which are ..... such a proposition and, therefore, it would not be correct to attach any particular importance to the observation made by the appellate assistant commissioner that sir alwyn ezra acted more like a director than as an agent in withdrawing the amounts from the bank we would also like to add that the tribunal has apparently not taken ..... , the tribunal has submitted a statement of the case on the following question : 'whether, with regard to the assessment year 1959-60, the tribunal erred in law or acted without evidence in holding that the expenditure of rs. 8,000 (rupees eight thousand) was not incurred wholly and exclusively for the purposes of the business ?' 12. we .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1971Kant347; AIR1971Mys347; (1971)1MysLJ397
..... of justice or the avoidance of expense and delay be imported into the determination of the question.there is nothing in the code which can be construed as a prohibition against the court in a proper case passing more than one preliminary decree. on the other hand, there are indications that the code contemplates more than one preliminary ..... along with the memorandum of appeal, the appeal was incompetent and relies in this connection on the decision of this court in jagat dhish bhargava v. jawaharlal bharvaga, : [1961]2scr918 . in that case it was observed, that every memorandum of appeal has to be accompanied by a copy of the decree appealed from, that this requirement of ..... is to prefer an appeal before the appropriate court and if such an appeal preferred and the condonation of delay is asked for under section 14 of the limitation act, i have no doubt that the appropriate court will consider the question and dispose of the same in accordance with law.9. for these reasons, this revision .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1262; (1971)1SCC795; [1971]SuppSCR146
..... on personal character or conduct etc. of rivals. the purity of an election is sought to be maintained without affecting the freedom of expression. the sub-section prohibits any statement of fact in relation to personal character or conduct of any candidate, which is not only false but also the candidate making it either believes ..... basis the learned counsel argued that the appellant while publishing the statements contained in the said paragraphs is guilty of corrupt practice under section 132(4) of the act. the averment that respondent was guilty of throwing stones against the ministers or government officers, who had come on tour to the constituency is certainly a very ..... the burden of proving the falsity of those allegations. it is in consequence of these findings that the high court held the section 132(4) of the act does not apply to the allegations made in these paragraphs.46. mr. bhalgotra, learned counsel for the respondent, very strenuously attacked the finding recorded by the .....
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