Judgment Search Results Home > Cases Phrase: goa appropriation act 2005 Court: supreme court of india Page 10 of about 7,358 results (0.205 seconds)

Asit Bhattacharjee Vs. Hanuman Prasad Ojha and ors.

Court : Supreme Court of India

Reported in : 104(2007)CLT488(SC); 2007CriLJ3181; (2008)1GLR1(SC); RLW2007(4)SC3074; 2007(7)SCALE241; (2007)5SCC786

..... local areas an offence was committed; or(b) where an offence is committed partly in one local area and partly in another; or(c) when an offence is a continuing one and continues to be committed in more local areas than one; or(d) where it consists of several acts done in different local areas, that it may be inquired into or tried by a court having jurisdiction over any of such local areas.20. ..... the chief metropolitan magistrate, allahabad shall be entitled to pass appropriate orders from time to time in this behalf. ..... shakespeare sarani, kolkata be transmitted to the appropriate police station of uttar pradesh through the secretary home, state of west bengal and the secretary, home, state of uttar pradesh within a period of fortnight from the date of communication of this ..... for the purpose of providing the aforementioned ingredients of the offence under section 138 of the act, the complainant appellant was required to prove the facts constituting the cause of action therefore none of which arose within the jurisdiction of the kerala high ..... it is now well known that the object of the provision of section 138 of the act is that for proper and smooth functioning of business transaction in particular, use of cheques as negotiable instruments would primarily depend upon the integrity and honesty of the ..... herein filed a criminal writ petition before the high court of judicature at allahabad on or about 1.3.2005 praying inter alia for the following reliefs:i. ..... [see goa plast (p) ltd. .....

Damodar S. Prabhu Vs. Sayed Babalal H.

Court : Supreme Court of India

..... this is clearly a situation that is causing some concern, since section 147 of the act does not prescribe as to what stage is appropriate for compounding the offence and whether the same can be done at the instance of the complainant or with the leave ..... furthermore, the written submissions filed on behalf of the learned attorney general have stressed on the fact that unlike section 320 of the crpc, section 147 of the negotiable instruments act provides no explicit guidance as to what stage compounding can or cannot be done and whether compounding can be done at the instance of the complainant or with the leave ..... observed:.taking into consideration the nature of the offence in question and the fact that the complainant and the accused have already entered into a compromise, we think it appropriate to grant permission in the peculiar facts and circumstances of the present case, to compound.7. ..... at this point, it would be apt to clarify that in view of the non-obstante clause, the compounding of offences under the negotiable instruments act, 1881 is controlled by section 147 and the scheme contemplated by section 320 of the code of criminal procedure [hereinafter `crpc'] will not be applicable in the strict sense since the latter is meant ..... with regard to the impugned judgments delivered by the high court of bombay at goa, the appellant has prayed for the setting aside of his conviction in these matters by relying on the consent terms that have been arrived at ..... baban (2005) 4 scc 162, .....

Union of India and ors Vs. Shiv Raj and ors.

Court : Supreme Court of India

..... of the delhi high court examined the contentions raised on behalf of the tenure holders/persons interested which vide judgment and order dated 3.3.2005 held that the notification under section 6 of the act 1894 was within the period stipulated for the purpose after excluding the period during which the interim stay order passed by the high court ..... the high court has quashed the land acquisition proceedings in view of the fact that the objections filed by the respondents-tenure holders under section 5a of land acquisition act, 1894 (hereinafter referred to as `the act 1894 ), had not been considered by the statutory authorities in strict compliance of principles of natural justice and thus, the subsequent proceedings stood vitiated, relying on the main ..... clarified that in none of the cases the period of five years would have elapsed pursuant to an award made under section 11 from the date of commencement of the act and that the benefit of section 24(2) will be available to those cases which are pending and where during pendency, the situation has remained unchanged with physical possession not being ..... acquisition proceedings initiated under the land acquisition act, 1894 where an award under the said section 11 has been made five years or more prior to the commencement of this act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, ..... goa .....

Surinderjit Singh Mand and Anr. Vs. State of Punjab and Anr.

Court : Supreme Court of India

..... the legislative mandate engrafted in sub section (1) of section 197 debarring a court from taking cognizance of an offence except with the previous sanction of the government concerned in a case where the acts complained of are alleged to have been committed by a public servant in discharge of his official duty or purporting to be in the discharge of his official duty and such public servant is not removable from office ..... hereinabove, leaves no room for any doubt, that under section 197 of the code and/or sanction mandated under a special statute (as postulated under section 19 of the prevention of corruption act) would be a necessary pre-requisite, before a court of competent jurisdiction, takes cognizance of an offence (whether under the indian penal code, or under the concerned special statutory enactment). ..... from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction (save as otherwise provided in the lokpal and lokayuktas act, 2013)- (a) in the case of a person who is employed or, as the case may be, was at the time of commission ..... every case where an application is made to an appropriate authority for grant of prosecution in connection with an ..... parvinder singh alias iqbal singh, (2005) 12 scc709 the following observations in the above cited judgment are of ..... goa .....

Dilawar Singh Vs. Parvinder Singh @ Iqbal Singh and anr.

Court : Supreme Court of India

Reported in : AIR2006SC389; 2006(1)ALD(Cri)57; 2005CriLJ145; JT2005(9)SC476; 2005(4)KLT1029(SC); RLW2006(1)SC186; 2005(9)SCALE200; (2005)12SCC709

..... if no sanction has been granted by the appropriate authority for prosecution of such a person as the existence of a sanction is sine qua non for taking cognizance of the offence qua that ..... the appellant had submitted that no sanction had been granted under section 19 of prevention of corruption act, 1988, for prosecution of the appellant under section 13(2) of the said act and in absence of sanction, the appellant could not be summoned to face the trial. ..... that no cognizance could be taken for prosecution of the accused under section 5(1)(a) of the prevention of corruption act, 1947, as no sanction had been granted with regard to the said offence, but the accused could be tried under section 5(1)(d) of the said act as there was a valid sanction for prosecution under the aforesaid provision. 7. ..... reading of the above section it is evidently clear that a court cannot take cognizance of the offences mentioned therein without sanction of the appropriate authority. ..... a special judge while trying an offence under the prevention of corruption act, 1988, cannot summon another person and proceed against him in the purported exercise of power under ..... babu thomas) decided by this bench on 29.9.2005, it was held that in absence of a valid sanction on the date when the special judge took cognizance of the offence, the taking of the cognizance was without jurisdiction ..... after quoting the provisions of section 6(1) prevention of corruption act, 1947, it was held as under in para 5 of ..... (state of goa v. .....

State of Bihar and ors. Vs. Rajmangal Ram

Court : Supreme Court of India

..... by the additional secretary of the department of law and legislative affairs of the government of madhya pradesh instead of the authority in the parent department, this court held that in view of section 19 (3) of the pc act, interdicting a criminal proceeding mid-course on ground of invalidity of the sanction order will not be appropriate unless the court can also reach the conclusion that failure of justice had been occasioned by any such error, omission or irregularity in the sanction. ..... at times, get blurred thereby enabling certain unjustified claims to be raised also on behalf of the public servant so as to derive undue advantage of the requirement of sanction, specific provisions have been incorporated in section 19(3) of the prevention of corruption act as well as in section 465 of the code of criminal procedure which, inter alia, make it clear that any error, omission or irregularity in the grant of sanction will not affect any finding, sentence or order passed by a competent court ..... 03.03.2011) passed by the high court of patna, the effect of which is that the criminal proceedings instituted against the respondents under different provisions of the indian penal code as well as the prevention of corruption act, 1988 have been interdicted on the ground that sanction for prosecution of the respondents in both the cases has been granted by the law department of the state and not by the parent department to which the ..... (2005) 8 ..... a contrary view of this court in state of goa vs. .....

Raj Steel and ors. Vs. State of A.P. and anr.

Court : Supreme Court of India

Reported in : AIR1989SC1696; 1989(1)SCALE1573; (1989)3SCC262; [1989]3SCR305; [1989]74STC379(SC); 1989(2)LC309(SC)

..... the assistant commissioner of sales tax, panaji : (1983) 53 stc 172 the panaji bench of the high court of bombay noted that item 22 of the first schedule to the goa, daman and diu sales tax act, 1964, which spoke of the item 'foreign liquor and india-made foreign liquor' indicated that the tax was levied only on the liquor and not against the bottle and liquor or ..... and crates in which the liquor was conveyed and there was also an agreement in regard to the price of those containers, and therefore the turnover in regard to those items had to be determined and the appropriate rate of sales tax had to be charged as provided in the karnataka sales tax act. ..... are directed against the judgment of the high court of andhra pradesh dismissing several writ petitions filed by the appellants challenging assessments made under the andhra pradesh general sales tax act 1957 on the value of packing material at the rate applicable to goods packed therein.2. ..... section 5 of the andhra pradesh general sales tax act (hereinafter referred to as 'the act') provides for the levy of sales tax on the turnover of goods at the rates specified in ..... reference was made to the requirement in the karnataka excise act, 1966 that the liquor had to be sold in sealed containers but that, the high court said, did not automatically lead to the conclusion that the same rate of sales tax was applicable to ..... in the case of goods mentioned in the first schedule to the act tux is leviable at the rates, and at the point of sale, .....

Election Commission of India Through Secretary Vs. Ashok Kumar and ors ...

Court : Supreme Court of India

Reported in : AIR2000SC2979; JT2000(9)SC529; 2000(3)KLT402(SC); 2000(6)SCALE182; (2000)8SCC216; [2000]Supp3SCR34; 2001(1)LC1(SC)

..... to judicial review on the well-settled parameters which enable judicial review of decisions of statutory bodies such as on a case of mala fide or arbitrary exercise of power being made out or the statutory body being shown to have acted in breach of law.4) without interrupting, obstructing or delaying the progress of the election proceedings, judicial intervention is available if assistance of the court has been sought for merely to correct or smoothen the progress of the election proceedings, ..... if the same would be lost or destroyed or rendered irretrievable by the time the results are declared and stage is set for invoking the jurisdiction of the court.5) the court must be very circumspect and act with caution while entertaining any election dispute though not hit by the bar of article 329(b) but brought to it during the pendency of election proceedings. ..... be undertaken de novo; that claims, objections and appeals in regard to the electoral roll be heard and disposed of in accordance with the rules; and that, no notification be issued under section 15(2) of the representation of the people act, 1951 calling for election to the west bengal legislative assembly, until the rolls were duly revised. ..... house of parliament or to the house or either house of the legislature of a state shall be called in question except by an election' petition presented by such authority and in such manner as may be provided for by or under any law made by the appropriate legislature.14. ..... , goa : [ .....

Dwarkadas Shrinivas of Bombay Vs. the Sholapur Spinning and Weaving Co ...

Court : Supreme Court of India

Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674

..... the purpose of enforcement of the fundamental right and that article does not permit an application merely for the purpose of agitating the competence of the appropriate legislature in passing any particular enactment unless the enactment also infringes any of the fundamental rights. ..... to emphasize the same point of view reference was also made to the provisions of the lunacy act, the provisions of sections 52-a and 52-b introduced in the insurance act by act 47 of 1950, the provisions of the railway companies emergency powers act (51 of 1951), and also to the provisions of act 65 of 1951 (development of industries act), and it was contended that the impugned ordinance was a piece of social control legislation as were ..... principal allegations in the suit were that the ordinance was illegal, ultra vires and invalid as it contravened the provisions of section 299(2) of the government of india act, 1935, and all the provisions contained in part iii of the constitution, and that the resolution of the directors dated 7th february, 1950, making a call ..... held that having regard to the principles applicable to british jurisprudence which had been enacted in section 299(1) and (2) of the government of india act, requisition of land could not be considered as being included either in item 9 or item 21 of list ii of the 7th schedule of the act, that the word 'acquisition' implied ownership in the property or rights in or over such property, while 'requisition' implied deprivation of the owner .....

Faridabad Gas Power Project, Ntpc Ltd., Etc. Vs. Om Prakash and ors., ...

Court : Supreme Court of India

Reported in : 2009(2)AWC1936(SC); JT2009(4)SC461; 2009(2)SCALE219; (2009)4SCC719

..... the brief facts, which led to the filing of these appeals, are as follows:3.1 the state of haryana issued notification dated 16.08.1995 under section 4(1) of the land acquisition act, 1894 [for short `the act'] for acquisition of a track of 319.31 acres of lands in five villages, namely, mujheri (154.23 acres), neemka (67 acres), sihi (73 acres), jhajru (24.12 acres) and pyala (0.96 acres) situated in tehsil ballabhgarh, ..... the reference court allowed the reference applications made by the claimants and accordingly, enhanced the amounts of compensation.3.5 a batch of appeals under section 54 of the act came to be filed before the high court of punjab and haryana, both by ntpc praying for reduction of the amount of compensation awarded by the reference court, and a section of claimants seeking ..... further, when the owner himself has purchased the land under acquisition few years earlier to the notification under section 4 of the act, the consideration mentioned in the sale deed would form the basis to determine the market value and it is unnecessary to travel beyond that evidence and consider the market value ..... the second issue, the reference court observed that the reference applications preferred by the claimants under section 18 of the act, could be construed as protest against the award and there was no need for them to lodge separate protest in writing ..... hence, it would be just and appropriate to give an annual increase of 10% in the market value in respect of the lands ..... goa .....