Court : Mumbai
Reported in : (1907)9BOMLR967
..... code, by which the courts of presidency magistrates and of magistrates of the first class are put upon the same footing in respect of sentences which magistrates may pass-the omission of the term ' presidency magistrate ' in section 111 of the emigration act, being accounted for by these considerations should not be treated as a casusomissus, as to which the law is that it ought not to be created by interpretation save in some case of strong necessity or where the words of the statute are so plain ..... but the question is whether the term 'magistrate of the first class' in section 111 of the emigration act was intended by the legislature to include or to exclude a presidency magistrate section 6, clause 4 of the act defines the term 'magistrate 'to mean, 'in the presidency towns, a presidency magistrate and elsewhere a district magistrate, or a sub-divisional magistrate '. ..... we are of opinion, therefore, that the term 'magistrate of the first class' in section 111 of the emigration ' act means a magistrate appointed to exercise, within his jurisdiction, the highest magisterial powers ordinarily prescribed by the criminal procedure code and includes a presidency magistrate.5. ..... and, though in the criminal procedure code, there is no definition of the term ' magistrate of the first class ', it is used in the code to mean a magistrate exercising within his jurisdiction the highest magisterial powers, which are ordinarily conferred under it upon such magistrates. .....
Tag this Judgment!Court : Delhi
..... the learned additional sessions judge also held that since offence of cheating any emigrant is specifically covered by section 24 (g) of the emigration act, 1983, section 420 ipc was not applicable to the facts of the present case. ..... 2087/2010 page 2 of 14 though no sanction was required in view of proviso to section 27 of the emigration act, 1983 as the complainant was an intending emigrant as defined under section 2 (d) of the emigration act however, the offence under section 24 (g) of the emigration act being punishable with imprisonment for a period of two years, the limitation prescribed under section 468 cr.p.c. ..... a charge sheet was filed belatedly in august, 2002 for offences punishable under sections 420/120b ipc and sections of the emigration act, 1983 against ajay katyal, anil grover, deepak kochar, raj kumar, santosh tandon and ramesh chand manni.2. ..... thus, the finding of the two courts that the offence alleged being covered under section 24(g) of the emigration act thus section 420 ipc would not apply is liable to be set aside as the facts/allegations constituting the two offences are different.12. ..... no doubt, an intending emigrant also falls in the definition of an emigrant however, clause (g) of section 24 (1) relates to cheating of an emigrant in relation to the provisions of the act which requires licenses to be applied for and furnishing false information or suppressing material information while obtaining certificate etc. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(2)ALD(Cri)371; 2002(2)ALT(Cri)500; 2003CriLJ776
..... provisions before filing the charge-sheet, the grave mistake would not have occurred, i hope and trust that the investigating agency will give necessary instructions to all the investigating officers to follow scrupulously section 27 of emigration act, 1983 and obtain sanction before registering a complaint suo motu or on the instructions of superiors in the absence of complaint from emigrant or intending emigrant or his relatives etc.5. ..... adverting to the said contentions, section 24 of the emigration act, 1983 reads as follows :24. ..... 458 of 2000 for the offence under section 24(1)(2) and clause (g) of emigration act of 1983.3. ..... the provisions of this act emigrates; orb) contravenes the provisions of section 10; or section 16; orc) by intentionally furnishing any false information or suppressing any material information obtains a certificate or a permit or an emigration clearance under this act;d) without lawful authority makes or causes to be made any alternation in any certificate or permit or in any document or endorsement by way of emigration clearance issued or made under this act; ore) disobeys or neglects to comply with any order of the protector of emigrants under this act; orf) collects from an emigrant any charges in excess .....
Tag this Judgment!Court : Delhi
..... it is the petitioner s case that it had furnished the bank guarantee in terms of section 11(3) of the emigration act, 1983 (hereafter the act ) and the same could be forfeited for meeting the expenses for repatriation of emigrants recruited by the petitioner for meeting any claim raised by them. ..... now, it is clear beyond any doubt that the applicant has, been involved in activity that is dubious and has charged more than the prescribed service charges that goes against spirits of the emigration act,1983 and therefore he has violated section 24 of the emigration act,1983. ..... since the rule 23 of the emigration act, 1983 prescribes proper utilization of the seized bank guarantee, the same may be utilized for providing, necessary relief to the indian workers who go to malaysia and faced difficulties on account of fraudulent practice by recruiting agents and necessary ..... , for securing the due performance of the terms and conditions of the certificate proposed to be issued by it under sub-section (2) to an applicant and for securing compliance with the provisions of this act and the rules made thereunder and for meeting expenses which may have to be incurred in the event of the repatriation to india of any of the emigrants who may be recruited by the applicant, determine, in accordance with the rules made in this behalf, the amount of security .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!Court : Kerala
..... w.p(c).no.8722 of 2013 ============================ dated this the 23rd day of january, 2015 judgment petitioner was holding a registration certificate under the emigration act 1983 as recruiting agent. ..... vide order dated 01.03.2012 as the petitioner has not furnished his application for renewal of registration before the first respondent three months prior to the date of expiry of the registration certificate under sec.13 of the emigration act 1983.2. ..... as per sec.13 of emigration act, petitioner has to submit his application on 14.10.2011 or before 15.01.2012 with an application to condone delay ..... it reads as follows: "renewal of registration a certificate may be renewed from time to time and the provisions of this act and the rules made thereunder (including provisions as to fees) shall apply to the renewal of a certificate as they apply to the issue thereof: provided that no certificate shall be renewed unless, the application for its renewal is made ..... it is apposite to refer to sec.13 of emigration for renewal of application. ..... it is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... protector general of emigrants ministry of overseas indian affairs, akbar bhavan chanakyapuri, new delhi-110021.2 ..... it is equally settled law that date of commencement of the day is excluded for the purpose of limitation (see sections 9 and 10 of w.p(c).no.8722 of 2013 6 the general clause act 1897). .....
Tag this Judgment!