Court : Supreme Court of India
Decided on : Sep-25-1989
Reported in : 1989(3)Crimes578(SC); JT1989(3)SC737; 1989(2)SCALE660; (1989)4SCC509; [1989]Supp1SCR241
..... prayed for the quashing of the detention order of her son dated may 6, 1989 passed under sub-section (2) read with sub-section (3) of section 3 of the national security act, 1980, as confirmed by the order dated may 11, 1989 of the state of u.p. on ..... came in his rescue. on the basis of information given by mohd. bhura a crime case no. 121 was registered against you under section 307 ipc in p.s. delhi gate, meerut, which is pending. by your above misdeed fear and terror was spread in the ..... become necessary to detain you.3. it is apparent from the grounds of detention that a crime case was registered against him under section 307 ipc and he was arrested and detained in jail.4. along with the grounds of detention, a copy of the report of ..... 29, purwa hamid hussain got lodged one report in the police station delhi gate and a crime case no. 121 of 89 under section 307 ipc is pending consideration. sh. praveen kumar is in jail for commission of this offence.praveen kumar has given application for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-22-1989
Reported in : AIR1989SC2191; JT1989(3)SC715; 1989(2)SCALE599; 1989Supp(2)SCC434; 1989(2)LC508(SC)
..... against his will, however, reasonable it might appear to be. he says that the rule of equity requires that no person should be allowed to take advantage of his wrongful acts committed during the pendency of the suit. in any view of the matter, the sum of rs. 5,000/- which the high court directed the defendant to pay to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-1989
Reported in : AIR1989SC2227
..... medicines and not medicinal preparations 'not otherwise specified.'20. the explanation 1 says that patent or proprietary medicines has the same meaning as in clause (h) of section 3 of the drugs act, 1940. the high court has found that renumbered definition 3 (h) was earlier 3(d) and read as follows:'3(d) 'patent or proprietary medicine' ..... and ten nayepaiseper litre of the strength of lon- don proof spirit.explanation i: 'patent or proprietary medicines' has the same meaning as in clause (h) of section 3 of the drugs act, 1940 (23 of 1940).the statement of objects and reasons of the amendment bill, as published in gazette of india, 8-3-1961, pt. ii, s. ..... in human beings or animals, as may be specified from time to time by the central government by notification in the official gazette.'(emphasis supplied)15. section 3(i) of the act provides that 'there shall be levied duties of excise, at the rates specified in the schedule, on all dutiable goods manufactured in india.'the original schedule .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-1989
Reported in : AIR1989SC2187; JT1989(3)SC694; 1989(2)SCALE602; (1989)4SCC732; [1989]Supp1SCR153
..... judgment that in providing this ground for eviction, the legislature of the state of rajasthan decided to give effect to the provisions of clause (g) of section 111 of the transfer of property act, the judgment now where lays down that the denial of title must be anterior to the eviction petition nor does it say that the provisions relating ..... in the case before us, we find that the denial of landlord's title by the tenant has been expressly made a ground for eviction under section 10(2)(vi) of the a.p. rent act which we have already set out earlier. in view of this, the entire basis for the argument that the denial of title must be anterior ..... in the state of andhra pradesh. section 10 of the a.p. rent act deals with eviction of tenants. sub-section (1) of that section prohibits eviction of tenants except in accordance with the provisions of that section or sections 12 and 13 of that act. the relevant part of sub-section (2) of section 10 of the a. p. rent act runs as follows:(2) a landlord .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-1989
Reported in : AIR1989SC2274; 1989CriLJ2312; 1989(3)Crimes711(SC); JT1989(3)SC689; 1989(2)SCALE545; (1989)4SCC751; [1989]Supp1SCR177; 1990(1)LC151(SC)
..... shaikhhussain shaikh be detained.3. the grounds communicated to the petitioner under section 9(1) of the act alleged that the petitioner was conducting anti-social activities of illegally storing indigenous and foreign liquor in his possession and was selling it by himself ..... it was further stated : -i had also considered to prevent your anti-social activities of selling wine by taking action under section 93 of the prohibition act. but according to the provision of section 93, only, surety for good conduct can be taken. i am fully satisfied that even if you give the surety for ..... order directing that the said shri ahmedhussain @ shaikhhussain shaikh be detained.now, thereafter, in exercise of the powers conferred by sub-section (1) of section 3 of the gujarat prevention of anti-social activities act, 1985, i, s. n. sinha, commissioner of police, ahmedabad city, hereby direct that the said shri ahmedhussain @ kalio .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-1989
Reported in : 1989(24)ECC402; 1989(43)ELT816(SC); 1991LabIC1318; 1991(1)SCALE47; 1989Supp(2)SCC490; [1989]Supp1SCR123; [1991]81STC454(SC); 1990(1)LC95(SC)
..... . according to the revenue, this process of manufacture renders the carton having printing and paper pasting on the surface to make these manufacture in terms of section 2(f) of the act and classifiable under tariff item 17(3) as aforesaid. according to the revenue, the exemption contained in the notification no. 66/82 was not applicable ..... said rules') as to why penalty should not be imposed on them under rule 173q of the said rules for the various alleged contraventions under the provisions of the act and the rules. written submissions were made. by an order dated 24th november, 1986, additional collector of central excise, chandigarh held that cartons bulb and light were ..... sabyasachi mukharji, j.1. this is an appeal under section 35l(b) of the central excises & salt act, 1944 (hereinafter referred to as 'the act') against the order dated 15th march, 1989 of the customs, excise & gold (control) appellate tribunal, new delhi (hereinafter referred to as 'the tribunal'). 2. the question .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-1989
Reported in : AIR1990SC449; JT1989(3)SC623; 1989(2)SCALE570; 1989Supp(2)SCC454; 1989(2)LC513(SC)
..... 1. the petitioners, by a writ petition registered as c.w. 1850/84, challenged before the delhi high court a notification under section 4 of the land acquisition act and a declaration under section 6 of the act on several grounds. since some of the questions arising in the case were same as pressed in another writ application to which the ..... for the petitioners has referred to paragraph 11 of the writ petition filed in the high court which reads as follows:11. that though the notification under section 4 of the act was published in delhi gazette part iv by the authority but it was not circulated in the area for giving the knowledge thereof to the people concerned ..... know about the notification in the month of may, 1984 by some clerks of the d.d.a, the respondents did not follow the mandatory provision of section 4(1) of the act. the notification and the declaration were not given and placed at the convenient point in the revenue estate of village rithala, delhi. thus, the petitioners .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-1989
Reported in : AIR1989SC2240; JT1989(3)SC647; 1989(2)SCALE572; 1989Supp(2)SCC627; [1989]2SCR1; [1989]Supp2SCR1
..... 78 was not taken note of, the issue would arise whether the plaintiff was an agriculturist and in view of the provisions of section 70(a) read with section 85 and section 85a of the act, the issue would have to be referred to the mamlatdar for decision as the civil court would have no jurisdiction to decide the issue ..... inferred, but that such exclusion must either be explicitly expressed or clearly implied.in our opinion, there is nothing in the language or context of section 70 or section 85 of the act to suggest that the jurisdiction of the civil court is expressly or by necessary implication barred with regard to the question whether the defendants had ..... the suit lands and mesne profits averring that the lease was fraudulently obtained by the respondents. the respondents contended that they became statutory owners under section 32 or section 88 of the act and the civil court had no jurisdiction to decide the suit. the trial court decreed the suit and on appeal the high court held that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-1989
Reported in : AIR1989SC2214; (1990)1GLR250; JT1989(3)SC606; 1989(2)SCALE595; 1989Supp(2)SCC134; [1989]Supp1SCR78
..... the case; of one in whose estate agricultural land exceeds eighty acres but , does not exceed one hundred and twenty acres. chapter iv of the said act which includes sections 22 to 24 referred to earlier provides that if the land in the girasdar or for personal cultivation of the girasdar is less than the land he is ..... corresponding entry in column 2 thereof.6. column 2 specifies the area of land comprised in economic holdings for the various districts to which the said act was applicable. sub-section (14) of section 2 lays down that 'gharkhed' means any land reserved by or allotted to a girasdar before the 20th may, 1950 for being cultivated personally and ..... girasdari system and at the same time sought to achieve equitable distribution of land for personal cultivation between the girasdars and their tenants.5. sub-section (12) of section 2 of the said act runs as follows:'economic holding' in relation to any region specified in column i of the first schedule, means a holding of land or an .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-08-1989
Reported in : (1989)80CTR(SC)213; [1989]180ITR1(SC); [1989]Supp1SCR97
..... of non-payment to the respondent, it was unnecessary to persue that writ petition when the i.t.o. had made the order withdrawing the notice under section 226(3) of the act. admittedly, it was in consequence of the withdrawal of the i.t.o.'s notice by order dated 1.4.77 that payment was actually made by ..... the conclusion that this is the reasonable rate. this argument also is, therefore, rejected.24. the only point remaining for consideration now is the construction of section 226(3) of the income tax act, 1961 the relevant portion of which, reads as under:other modes of recovery : 226. (1) notwithstanding the issue of a certificate to the tax recovery ..... .o.'s liability for payment of interest made in the writ petition. this argument is, therefore, rejected.18. the second argument relating to construction of section 226(3) of the income tax act, 1961 is in fact the main argument of shri rao and, therefore, we shall consider the same after disposing of the remaining arguments which are shorter .....
Tag this Judgment!