Court : Delhi
Decided on : Jan-02-1989
Reported in : 1989(2)Crimes683; 37(1989)DLT274
..... , the conviction under section 27 of the arms act is set aside. (12) however, the possession of the country made revolver ex. pi is sufficiently proved by oral evidence as also by the fact that ..... been erroneously held to have been established. the judgment to that extent is liable to be set aside. ii. for the same reason, the charge under section 27 of the arms act cannot be said to have been proved beyond reasonable doubt, as the firing from the revolver, in the manner stated above, has not been satisfactorily proved. accordingly ..... 961 of 1985 on the basis of statement ex. pw1/a containing endorsement of si hukam chand rana, ex. pw6/a, and a separate case under section 27/25 of the arms act was registered vide fir no. 962 of 1985 because of the alleged possession and use of the country made revolver. (6) the learned addl. sessions judge .....
Tag this Judgment!Court : Delhi
Decided on : Apr-12-1989
Reported in : AIR1990Delhi87
..... which had been requisitioned. the jurisdiction to decide the amount of compensation payable, and the authorities in whom that jurisdiction is vested, is provided by the 1952 act. section 19 expressly bars the jurisdiction of the civil court, including the high court, to adjudicate in respect of any matter which a competent authority or an arbitrator is ..... apply accordingly. the result of this is that the rights and obligations with regard to the property which was requisitioned will be regulated under the 1952 act. 92. section 8 of the act lays down the principles and the method for determining compensation payable in respect of property which is requisitioned. s. 9 provides for payment of compensation ..... s. kacker showed that the original of this command dt.1-2-40 was with the union of india. this.document was not produced. under section 65 of the evidence act if it is shown that the original of a document is in the possession or power of a person against whom the document is sought to .....
Tag this Judgment!Court : Delhi
Decided on : Oct-17-1989
Reported in : 1990CriLJ71
..... march 27, 1989, passed by a joint secretary to the government of india, under s. 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short 'cofeposa act') with a view to preventing the petitioner from engaging in transporting and concealing smuggled goods and dealing in smuggled goods otherwise than by engaging in keeping smuggled goods ..... and the declaration dated april 10, 1989, issued under s. 9(1) of the cofeposa act. 2. the facts of the case, in brief, are that on a secret information the officers of the directorate of the revenue intelligence, new delhi, intercepted a truck no. pat .....
Tag this Judgment!Court : Delhi
Decided on : May-19-1989
Reported in : 38(1989)DLT357; 1989RLR296
..... will result into more abuse and oppression at the lower level. these submissions are mis-conceived and are based on incorrect reading of the delhi police act. section 28 which empowers delegation of power to the commissioner for framing the regulations makes the object of the regulations very clear. the object is the ..... guest houses, hotels, lodging houses and motels (building standards) regulations 1977 came into force on 15.1.1977. immediately preceding the passing of the delhi police act. section 2(6) defines guest house to mean a building for housing the staff of government, semi government,the staff of public undertakings and private companies for short ..... years without any license and in breach of the regulations requiring the licenses. (14) by virtue of the powers conferred by sub-section (1) of section 481 of delhi municipal corporation act 1957 (66 of 57), delhi municipal corporation has framed building byelaws in 1959 and were superseded' in 1983 by the building byelaws .....
Tag this Judgment!Court : Delhi
Decided on : Apr-02-1989
Reported in : 38(1989)DLT173
..... sentence is set aside and he is acquitted of all the charges. the appeal no 42/86 of ashok and prem singh is dismissed and their conviction and sentence under sec. 302/34 indian penal code is confirmed. they are. however, acquitted of the charge u/s. 323/34 indian penal code and their conviction and sentence on ..... to undergo further rigorous imprisonment for six months. they have also been sentenced to undergo rigorous imprisonment for six months under section 323/34 ipc. sat pal appellant was also convicted u/s 27 of the indian arms act and sentenced to undergo rigorous imprisonment for one year. all the sentences have been made concurrent. the appellants have made a ..... in criminal appeal no. 27 of 1986 ashok and prem singh appellants in criminal appeal no. 42/1986 have been convicted under section 302/34, section 323/34, indian penal code, and sentenced to imprisonment for life under section 302/34 indian penal code and to the payment of fine of rs. 500.00 each, in default of which they .....
Tag this Judgment!Court : Delhi
Decided on : Mar-17-1989
Reported in : ILR1989Delhi626
..... the period from 15-2-1976 to 9-6-1978 committed remissness in the discharge of ins duty in his capacity as a member of the force under section 11(1) of crpf act, 1949 in that he failed to ensure proper care i preservation and maintenance of stores. he having been fully aware of the fact that the number of latches ..... while functioning in the aforesaid office, the said si s.r. farista was guilty of neglect of duty in his capacity as a member of the force under section 11(1) of crpf act, 1949 in that having came to know of the fact through 690060741 ct. bhagwan singh. store man on 18-4-1978 at about 1945 hrs that one of ..... matter could not be maintained and that where a person was charged with a particular instance of misconduct on certain acts alleged to have constituted it he was held guilty of that charge on a finding as to those acts and also other acts wholly unconnected with the charge with which he had never been charged and which he had no opportunity to .....
Tag this Judgment!Court : Delhi
Decided on : Mar-01-1989
Reported in : ILR1989Delhi200
..... and ii which clearly show that the complaint alleges existence of material, independent of the income tax returns or assessment made pursuant to notice under section 148 of the act. and as such this latter event is absolutely inconsequential, in so far as the criminal complaints pending before the addl. chief metro- politan magistrate ..... (2), wherein it was categorically held that there was no provision in law which provides that a .prosecution of the offence under section 276-c or section 277 of the income-tax act could not be launched until reassessment proceedings initiated against the assessed are completed. (14) in this case the supreme court while observing ..... been held liable to continue facing criminal proceedings based on the allegation that the income-tax returns filed by them pursuant to notice under section 148 of the act contained understatement of income, based on false accounts/fabricated documents and that they had been filed under a false verification, and used in .....
Tag this Judgment!Court : Delhi
Decided on : Mar-09-1989
Reported in : 1989(16)DRJ381
..... shabbily dressed and had misbehaved disrespectfully with the assistant sub-inspector was not sufficient to justify an order of dismissal. he construed the provisions of section 7 of the punjab police act. 1861 and ppr 16.2. the learned single judge felt that the finding of unfitness being purely a subjective matter could not be reversed or ..... the first contention of the counsel is repelled.(7) the second submission of the counsel is based on a construction of the provisions contained under section 7 of the delhi police act and rule 16.2. section 7 reads as under :- '7.appointment, dismissal, etc. of inferior officers. subject to provisions of art. 311 of the constitution and ..... to be unfit for duty and this is purely subjective decision not open to judicial review. (8) as we read section 7 and rule 162, a dismissal can be awarded only for the gravest acts of misconduct. we will assume that the charge as laid in summary of allegations is clearly established. the appellant was shabbily .....
Tag this Judgment!Court : Delhi
Decided on : Feb-28-1989
Reported in : 1989(22)ECC326; 1989RLR143b
..... had directed for framing of charges against the petitioner and his co-accused for offences punishable u/s 22 & 29 of the narcotic drugs and psychotropic substances act ('ndps act') read with section 120-b ipc. (2) the facts, in brief, are that asi partap singh accompanied by other constables was stated to be patrolling the area on july ..... schedule does not refer to 'morphine'. so, the prosecution has rightly challaned the petitioner and the co-accused for an offence punishable u/s 21 of the ndps act. i, hence, partly allow the criminal revision petition and quash the charges already framed and direct that the charge against the petitioner and co-accused be framed ..... treated as ''opiume'' thus, it is clear that morphine is the derivative of opium and is covered by the definition of ' 'manufactured drug'. s. 22 of the ndps act pertains to possession of 'psychotropic substance' which has been defined in s. 2(xxiii) to mean 'any substance natural or synthetic etc. specified in the schedule'. the .....
Tag this Judgment!Court : Delhi
Decided on : Nov-23-1989
Reported in : 41(1990)DLT625; 1990(18)DRJ126
..... procedure seeking a writ of mandamus or any other appropriate writ for quotient of the detention order dated april 21, 1989 passed by respondents under section 3(1) read with section 2(f) of the cofeposa act.(2) the detention order has yet not been executed. in the counter-affidavit filed by shri a.s.dagar, deputy secretary home), delhi ..... passed on april 21, 1989 and in the copy which has been filed along with the writ petition, only a typographical error has been made with regard to section 2(f) and in the name of the petitioner. while in the first part of the order, correct name of the petitioner has been mentioned whereas in the ..... detention order of the co-detune was quashed is that some material documents containing the pleas of the detenu showing that no offence under the foreign exchange regulation act has been committed were not placed before the detaining authority. certain traveller cheques found from the person of the petitioner which according to the grounds of detention served .....
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