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M.D.K. Immigration Consultant, Chandigarh Vs. Union of India and Other ...

Court : Punjab and Haryana

Reported in : 2000CriLJ252; (2000)125PLR518

..... 5) registered at police station, north chandigarh, on the basis of complaint made by the protector of emigrants, chandigarh in which it has been alleged that by issuing advertisement (annexure p-1), the petitioner has violated sections 10 and 16 of the emigration act, 1983 (hereinafter referred to as 'the act'). 2. ..... should not readily exercise its jurisdiction under article 226 of the constitution for frustrating the investigation of criminal cases, else the social stability will be jeopardised; (ii) the power vested in the high court under section 482 of the code of criminal procedure or articles 226 and 227 of the constitution of india should be exercised sparingly and cautiously and that too only when the court is of the opinion that non-interference by it may ..... 66 of 1996 decided on 18-1-1996, the apex court observed as under : 'it has been held by this court in several cases that the inherent power of the court under section 482 of the code of criminal procedure should be very sparingly and cautiously used only when the court comes to the conclusion that there would be manifest injustice or there would be abuse of the process of the court, if ..... section 10 of the act prohibits any person from acting as a recruiting agent without a valid certificate and in view of the admitted fact that the petitioner does not possess such certificate, it will be deemed to have issued the advertisement in contravention of section 10 of the act. .....

Vikas Vector @ Vikas Bector Vs. Harbhajan Singh and Others

Court : Punjab and Haryana

..... made in the complaint petitions so as to make the appellant vicariously liable for the offence committed by the company read as under:- that the accused no.1 is a public limited company incorporated and registered under the companies act, 1956, and the accused 2 to 8 are/were its directors at the relevant time and the said company is managed by the board of directors and they are responsible for the incharge of the conduct and ..... not m-7747 of 2012 ..4.averred in the complaint that the petitioner-accused was responsible for the day to day affairs of the europe emigration association, jalandhar-chandigarh, and as such, the learned trial court had rightly passed the summoning order for the prosecution of the petitioner and his ..... having considered the matter in its totality and also having regard to the fact that a manager had been nominated under section 17 (2) of 1954 act to be a person in charge of and responsible to the company for the conduct of its business, the appeals are ..... even if the contention of learned counsel for respondent no.1-complainant is accepted that the petitioner was a partner of the europe emigration association, jalandhar- chandigarh, then also there is nothing alleged in the complaint with regard to the role of the petitioner relating to the issuance ..... for the petitioner-accused-vikas bector submits that the respondent-complainant has miserably failed to bring on record that the petitioner was partner of europe emigration association, jalandhar-chandigarh. .....

Crl.Misc.No. M-30709 of 2012 Vs. Gurpreet Singh and anr. Petitioners

Court : Punjab and Haryana

..... accordingly, this petition is allowed and fir no.236 dated 28.12.2011, under sections 406/420/120-b ipc, registered at police station phase i, mohali and under section 24 of the emigration act and the consequent proceedings, on the basis of compromise dated 30.04.2012 are hereby quashed qua the petitioners. ..... this petition under section 482 cr.p.c has been filed for quashing of fir no.236 dated 28.12.2011, under sections 406/420/120-b ipc, registered at police station phase i, mohali and under section 24 of the emigration act on the basis of compromise dated 30.04.2012 (annexure p- 2) reached between the parties. ..... similarly, any compromise between the victim and offender in relation to the offences under special statutes like prevention of corruption act or the offences committed by public servants while working in that capacity etc.cannot provide for any basis for quashing criminal proceedings involving such offences. ..... be summarised thus: the power of the high court in quashing a criminal proceeding or fir or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under section 320 of the code. .....

Maxwell Vs. Dow

Court : US Supreme Court

..... produce any authority to show that, according to the "settled usages and modes of proceeding existing in the common and statute law of england before the emigration of our ancestors," the trial of one accused of felony otherwise than by a jury of twelve, or wholly without a jury, was consistent with ..... a citizen of the united states, under article 5 of the amendments to the constitution of the united states, and also violated section 1 of article 14 of those amendments; (2) that a trial by jury of only eight persons abridged his privileges and immunities as a citizen of the united states, under article 6, and also violated section 1 of article 14 of such amendments; (3) that a trial by such a jury and his subsequent imprisonment by reason of ..... the verdict of that jury deprived him of his liberty without due process of law, in violation of section 1 of article 14, which provides that no state shall deprive any person of life, liberty or property without ..... settled usages and modes of proceeding existing in the common and statute law of england before the emigration of our ancestors, and which are shown not to have been unsuited to their civil and political condition by having been acted on by them after the settlement of this country. ..... the definition .....

M/S Habsons Jobsup Ltd. Vs. Union of India and anr

Court : Delhi

..... the certificate was issued under the emigration act, 1983 and permitted the petitioner to recruit workers for overseas employment. ..... asg has stated that the decision in pursuance to the show cause notice shall be taken in accordance with the provisions of the act within two weeks and hearing as sought by the petitioner shall be given on 27th july, 2011 at 1500 hours. 5. ..... the petitioner in the petition itself admits that the said order is appealable under section 23 of the act. ..... attention is invited to section 14(2) of the act whereunder the respondents are entitled to suspend operation of the certificate without hearing but for a period not exceeding 30 days. .....

Nanak Chand Benarsi Das and ors. Vs. Chander Kishore and ors.

Court : Delhi

Reported in : AIR1969Delhi235; 1969CriLJ965

..... . reference has also been made by the learned judge to the definition of the word 'child' in the factories act 1948, the women and children's institution licensing act, 1956, tea districts emigrants labour act, 1951, child marriage restraint act 1929 and orphanages and other charitable homes (supervision and control) act 1960 in each of which the definition of the word 'child' is that of a person who is either 14 or 15 or 16 but in no case over 18 years of age.45 ..... of the punjab high court at delhi but considering the importance of the questions of law involved in it and a marked divergence of judicial opinion on the question whether the word 'child' in section 488 (1) criminal procedure code means a person of tender years or a person who has nto attained the age of majority or is only intended to express the relationship of a person as the immediate off-spring or progeny of the person from ..... precluded a magistrate from awarding maintenance to a person who was nto a minor, the learned magistrate held that although there was no qualification of age in the section it was presumed that every child above the age of 18 years should be capable of earning his or her livelihood and, thereforee, felt disinclined to make for food etc. ..... . the meaning of the word in section 488 which contains no definition of it, must be taken to be 'minor' whether under the indian majority act, or the court of wards act, or the guardians and wards act.'34 .....

Kattabomman Transport Corporation Limited Vs. State Bank of Travancore ...

Court : Kerala

Reported in : AIR1992Ker351

..... to the first exception 'required by law', the position is that the information could be called for under orders of government or under sections 131 and 133 of the income-tax act, 1961, section 135 or 137 of the companies act, 1956, bankers books evidence act, 1891, section 45(b) of the reserve bank of india act, 1934, section 26 of the banking regulation act, 1949, section 36of the gift-tax act, 1958, section 91(3) of the criminal procedure code, 1973 and section 43 of the foreign exchange regulation act, 1983.12. ..... the instances where instructions could be given as stated in paget's 'law of banking' are:(a) the duty to obey an order under the bankers' books evidence act, (b) cases where a higher duty than the private duty is involved, as where danger to the state or public duty may supersede the duty of the agent to his principal, (c) of a bank issuing a writ claiming payment of an overdraft, ..... the funds of the public sector undertaking (which are public funds) are to be paid to its employees, without legal justification, ii can, in our view, definitely be said that a matter of public interest arises. ..... the learned single judge referred to the provisions of section 52 of the state bank of india (subsidiary banks) act, 1959 and held that the bank was under a duty to ..... the enquiry, it appears that it was revealed that the third respondent was employed as a personal driver in almalki and company under the director of emigration, international airport at doha, qatar from 1978 to 1984. .....

Mohd. Maqbool Ahmed @ Mateen and anr. Vs. the Deputy Commissioner of P ...

Court : Andhra Pradesh

Reported in : 1996(3)ALT215

..... sections 465, 471 and 420 of the indian penal code, sections 3 and 4 of the passports act and section 25 of the emigration act. ..... corporeal tangible property is seized by taking physical possession and producing it in court, the seizure is intended to have the effect of preventing the person from whom it is seized from exercising any acts of ownership or possession over that property......the only way, in which such an effect can be brought about, regarding bank balance is to issue a prohibitory order, restraining the customer from operating ..... according to the learned judge:'......a police officer has certainly power to seize any property coming within the purview of section 102(1) of the code and nothing prevents a police officer to effect seizure of any property even in a bank relating to an accused, if it is required, ..... sri narasimha reddy, learned counsel for the petitioners, has urged that the police has no power under section 102 cr.p.c, the only provision which enables the police to seize property during the investigation of a crime, to freeze the bank accounts of ..... upon the definition of the expression 'movable property' occurring in section 22 of the indian penal code and while expressing the opinion that the word 'property' is used in the indian penal code 'in a much wider sense than the expression 'movable property', held that the word 'property' 'in a particular section covers only that type of property with respect to which offences contemplated in that section can be .....

T.R. Punnavanam Pillai Vs. V. Muthuswami Achari

Court : Chennai

Reported in : (1962)2MLJ259

..... reference to section 107 of the emigration act xxi of ..... is no definition in any of the statutes passed by the madras legislature though in the madras hereditary village offices act, 1895 certain village artisans are mentioned in section 3(4) as offices to which the act would apply ..... a goldsmith was not an artisan within the meaning of article 7 of the indian limitation act the definition in webster's dictionary that an artisan was a mechanic was adopted by the. ..... this is the substance of the definition because the actual definition reads thus:artisan, one trained to manual dexterity in some mechanical art or trade, a handicraftsman, a mechanic.this definition was accepted by a bench of the bombay high court ..... the learned judge, with all respect, accords with the context in which the phrase 'tools of artisans ' occurs in section 60(1)(b), civil procedure code, because this section deals with tools of artisans in conjunction with implements of husbandry of agriculturists. ..... with these decisions and hold that there is no justification for restricting the connotation of the term ' tools ' occurring in section 60(1) (b) to simple implements used by artisans for purposes of their trade.10. ..... would apply to the interpretation of the term ' artisan ' occurring in article 7 of the, limitation act may not apply to the determination of the, question whether a goldsmith is an artisan under section 60, civil procedure code. . 15. ..... there is no definition of this term in the civil procedure code or in any .....

Uttam Chand Vs. Emperor

Court : Kolkata

Reported in : (1912)ILR39Cal344,15Ind.Cas.1007

..... the particular case cited, which was under the indian emigration act (xxi of 1888), the master was deemed to be ..... that case was one of mischief, but the principle is of extensive applicability under section 56 the prosecution must show that lakhichaud was not only in the employ of the petitioner, but also acted, on his behalf in removing the ganja from, his shop, lakhichand was, presumably, ..... his koilwar servant, lakhichand, was convicted, under section 46 of the bengal excise act (v of 1909), for being in possession of 2 1/2 seers of ganja which lie was attempting to transport ..... at the koilwar shop, and there to conduct sales for the petitioner; but when he travelled beyond the scope of that business, it is not possible to implicate the petitioner in his acts which were not done for the benefit of the petitioner, but rather for lakhichand's private purposes. ..... section 46 enumerates various offences, and we think that, if a master is to be held liable for all the acts of his servants, his liability must extend to all parts of section ..... acting on behalf of the petitioner when, he committed the offence under section 46(a) of the excise act ..... section is as follows: 'when any offence punishable under section 46 is committed, by any person in the employ and acting ..... the conviction of the petitioner, the master of lakhichand, can be supported on the language of section 56 of the act. ..... the language of section 56 is very clear, and does not in any way conflict with the general principle alluded to .....