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Judgment Search Results Home > Cases Phrase: emigration act 1983 section 8 emigration officers to be public servants Page 1 of about 42 results (0.134 seconds)

Aug 07 2015 (HC)

Puthenveedu Joseph Mathew Vs. State of Kerala

Court : Kerala

..... all of them have thus committed the offences under sections 120b, 420 of the indian penal code, sections 13(2)read with section 13(1)(d) of the pc act, 1988 and section 24 of the emigration act, 1983.3. ..... :- the first accused allowed the other accused to commit the illegalities and abused his office as a public servant. ..... as protector of emigrants, the first accused had a duty to protect the interests of nurses and to ensure that recruiting agents complied with the provisions in the emigration act and the rules framed thereunder ..... both of them are recruiting agents under the emigration act. ..... the first accused protector of emigrants, kochi is a central government officer. ..... damodaran submits that the second accused has nothing to disclose to the investigating officer and his detention is not necessary as he is not ready to make any disclosure ..... he informed the protector of emigrants, mumbai about the details of the exercise he would undertake for the ..... there is evidence to prove that the money also was collected from the candidates in the office of the second accused. ..... the protector of emigrants, kochi, the first accused had no role in the ..... the defence version is that the second accused did not recruit anyone in kerala, he only allowed the third accused to use his premises in kerala as the third accused did not have an office in the state. ..... the head office of both these accused are in mumbai ..... state of kerala, represented by the public prosecutor, high court of kerala, ernakulam, kochi - 682 031.2 .....

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Aug 07 1907 (PC)

Emperor Vs. A.M. Jeevanji

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 ..... section 1 of section 111 of the emigration act has for its object the protection and safe guarding of the interests of a certain class of the public ..... in the case that the petitioner sent his clerk with shaik ismail to the office of the protector of emigrants for taking the steps required by sections 107 and 111 of the act; that there the clerk obtained the necessary forms to be filled up under the act. ..... therefore, we have regard to the language of the section or the subject matter of it or its object, the manifest intention is to hold the master liable for his servant's act, provided the act was done by the servant so as to bind the master according to the ..... the coupling of the word 'conditions' with the word 'terms' in section 107 makes out the intention of the legislature to be that the officer authorised to grant the permission should have power to impose any reasonable terms and conditions he thinks proper as conditions precedent to the grant, whether they relate to the terms of the agreement itself, or, being .....

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Jan 06 2017 (HC)

State vs.anil Grover & Ors

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. ..... while convicting him under section 409, ipc, the special judge held that the accused could not be cried under section 5(2) of the prevention of corruption act, 1947, as there was a breach of the requirement of law that the investigation be by a police officer not below a particular rank. ..... state of madras 1952 scr425 (air1952sc149 this court examined the contention that the publication of an article attributing corruption judicial officer was not cognizable jurisdiction by virtue of section 2(3) of the contempt s of courts act, 1971, which provided that (at p. ..... on 16th february, 1992 all four of them went to the office of raj international with `5,000/- each and handed it over to anil grover and deepak kochar. ..... after reaching delhi they again went to the office of raj international where they were shown air tickets of delhi to qatar via bombay and that they were not confirmed. ..... after reading the advertisement, he went to their office on 15th february, 1992 where he met anil grover and deepak kochar. ..... they again went to the office where they met raj grover who informed them that they had licenses of manpower supply and that the complainants need not crl.m.c. .....

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Dec 19 2012 (HC)

P.S.Murali Vs. State of Kerala

Court : Kerala

..... found guilty and convicted for the offences punishable under sec.10 r/w 24 of emigration act and also under sec.511 of 420 r/w 34 of ipc. ..... sentence passed against the petitioner for offence under sec.10 r/w 24 of the emigration act is confirmed. ..... the emigration act reads:10 ..... emigration act ..... modified the sentence to r.i for two years for the offence under sec.511 of 420 and to r.i for one year for the offence under sec.10 r/w 24 of emigration act. ..... by the registering authority; provided that a person carrying on the business of recruiting agent immediately before the commencement of this act may continue to carry on such business without such a certificate for a period of one month from such commencement, and if he has made an application for such certificate under this act within the said period of one month and such application is in the prescribed form and contains the prescribed particulars, till ..... the penalty provided for the aforesaid offence is provided under sec.24 of the act which provides that the person who is found to have committed the offence under sec.10 is liable to be punished for a term which may extent to two years and with fine which ..... vijaya bhanu sri.p.m.rafiq complainant(s)/respondent/complainat: ------------------------------------- state of kerala, represented by public prosecutor, high court of kerala, ernakulam. ..... but the learned public prosecutor would submit that the evidence would show that two persons had approached pw8 and for effecting advertisement as ..... public .....

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Jul 16 2002 (HC)

B.T. Deva Varma Vs. State of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2002(2)ALD(Cri)371; 2002(2)ALT(Cri)500; 2003CriLJ776

..... had the investigating officer was careful enough to look into the 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 learned public prosecutor contends that it is not a fit case to exercise inherent powers of this court under section 482, cr. p.c. ..... a brief resume of background of facts is necessary.it is alleged that a paper publication is said to have been made by the petitioner herein in eenadu daily telugu newspaper (nellore edition) at page no. ..... ' the said publication was made on behalf of a1-pasha international, hyderabad. .....

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Mar 18 2019 (HC)

M/S s.j. Overseas vs.union of India & Anr

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 ..... (c) no.9626/2017 page 2 of 13 neighbor, who had occupied an office on the first floor of the same building and carried on the business in the name and style of m/s fast link international. ..... although, the petitioner had claimed that the advertisement was fraudulently issued by sh sudheer, the respondents have found that the petitioner had not taken effective steps by disclaiming the same by issuing a public notice.31. .....

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Sep 03 2013 (HC)

M/S Emree International Pvt Ltd Vs. Union of India and anr

Court : Delhi

..... the petitioner before this court is an overseas consultant which was issued registration certificate under section 10 of the emigration act, 1983 to commence the business of recruitment, for deployment of indian workers with foreign employers ..... in view the provisions of section 11 & 13 of the emigration act, 1983, your application for renewal of registration certificate is rejected by the protector general of emigrants/ registering authority.2. ..... the decision of the registering authority, the petitioner preferred an appeal under section 23 of the emigration act, 1983. ..... the om dated 4.7.2008 issued by government of india, with respect to renewal of the registration certificate issued under section 10 of the emigration act, to the extent it is relevant, reads as under: (i) deployment of one-third of the capacity means that the recruiting agent should have deployed one third of the capacity of workers in the registration certificate is 300 workers ..... further, you have also violated emigration act/ rules by sending ecnr candidates after the expiry of rc and furnishing false statement/ documents before ..... as regards remaining 82 candidates shown as ecnr candidates which the petitioner claims to have deployed, the said office on carrying out verification found that they included 27 candidates who were deployed to maldives after expiry of the validity of the registration ..... out by the protector of emigrants, chennai would show that out of these 104 persons, 22 were cleared through that office. .....

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Jan 23 2015 (HC)

M/S. Salam Namasthe Tours and Travels Vs. Protector General of Emigran ...

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. ..... 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 ..... is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... , a hard copy of the application complete in all respects, including documents that at present cannot be transferred/submitted on line, should have reached the poe office the w.p(c).no.8722 of 2013 5 next day, the 16th january, 2012. ..... 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 ..... 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). .....

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Jan 23 2015 (HC)

M/S. Salam Namasthe Tours and Travels Vs. Protector General of Emigran ...

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. ..... 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 ..... is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... , a hard copy of the application complete in all respects, including documents that at present cannot be transferred/submitted on line, should have reached the poe office the w.p(c).no.8722 of 2013 5 next day, the 16th january, 2012. ..... 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 ..... 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). .....

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Jan 23 2015 (HC)

M/S. Salam Namasthe Tours and Travels Vs. Protector General of Emigran ...

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. ..... 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 ..... is stated that petitioner has furnished his application in the office of the protector of emigrants, thiruvananthapuram only on 23.01.2012. ..... , a hard copy of the application complete in all respects, including documents that at present cannot be transferred/submitted on line, should have reached the poe office the w.p(c).no.8722 of 2013 5 next day, the 16th january, 2012. ..... 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 ..... 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). .....

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