Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... investigating officer and the panchas that the accused had taken them to pw11 and pointed him out and as corroborated by pw11 himself would be admissible under section 8 of the evidence act as conduct of the accused'.in an earlier paragraph, the court stressed the need to exercise necessary caution and care so as to be assured of the credibility of the information furnished ..... gravity of the offence, appropriate punishment could be given.we are also not impressed by the finding of the high court that 'by reason of the words 'or thing' occurring in section 3(1) (as a part of the clause 'does any act or thing' by using bombs, dynamite or other explosive substances or firearms etc'), the definition of a terrorist act need not be restricted to a physical act of using explosives etc. ..... appointed under article 239 of the constitution is the state government for the union territory of goa and is the appropriate government within the meaning of section 2(a) of the industrial disputes act. ..... appropriate provisions of pota and ipc under which the accused afzal becomes liable for punishment is the next important task before the court.in dealing with this aspect, the first question that arises for consideration is whether the appellant afzal can be convicted under section 120b of ipc read with section 3(1) of pota and be punished under section 3(2) for the offence of criminal conspiracy to commit a 'terrorist act ..... appropriate government' occurring in section 10 of the industrial disputes act .....
Tag this Judgment!Court : Supreme Court of India
..... was completed and appropriate sanction was granted for prosecuting the appellant for the offences punishable under sections 7 and 13(1)(d) and13(2) of the act. ..... the necessary approval having been received at 1.56 pm, appropriate steps for registering the crime and to lay a ..... the firm was awarded two contracts in march 2003 by oil and natural gas commission, betul, goa and it was mandatory requirement to have a licence from the office of the assistant labour commissioner, ( ..... the appellant was also convicted under section 13(1)(d) read with section 13(2) of the act and sentenced to suffer imprisonment for one year and to pay fine of rs.10,000/-, in default whereof to undergo simple imprisonment ..... the trial court convicted the appellant under section 7 of the act and sentenced him to suffer imprisonment for one year and to pay fine of rs.10,000/-, in default whereof to suffer simple imprisonment ..... by special leave challenges the judgment and order dated 06-12-2010 passed by the high court of bombay at goa in criminal appeal no.12 of 2010 by which the high court affirmed the conviction and sentence of the appellant under sections 7 and 13(1)(d) and 13(2) of the prevention of corruption act 1988 (hereinafter referred to as the act ).2. ..... were framed and the matter was tried in the court of special judge, goa at madgaon vide special case no.6 of 2009. ..... singh thakur and one karapurkar, both officials from the zonal office of bank of india were sent to act as panch witnesses at about 4.30 pm. .....
Tag this Judgment!Court : Supreme Court of India
..... was completed and appropriate sanction was granted for prosecuting the appellant for the offences punishable under sections 7 and 13(1)(d) and13(2) of the act. ..... the necessary approval having been received at 1.56 pm, appropriate steps for registering the crime and to lay a ..... the firm was awarded two contracts in march 2003 by oil and natural gas commission, betul, goa and it was mandatory requirement to have a licence from the office of the assistant labour commissioner, ( ..... the appellant was also convicted under section 13(1)(d) read with section 13(2) of the act and sentenced to suffer imprisonment for one year and to pay fine of rs.10,000/-, in default whereof to undergo simple imprisonment ..... the trial court convicted the appellant under section 7 of the act and sentenced him to suffer imprisonment for one year and to pay fine of rs.10,000/-, in default whereof to suffer simple imprisonment ..... by special leave challenges the judgment and order dated 06-12-2010 passed by the high court of bombay at goa in criminal appeal no.12 of 2010 by which the high court affirmed the conviction and sentence of the appellant under sections 7 and 13(1)(d) and 13(2) of the prevention of corruption act 1988 (hereinafter referred to as the act ).2. ..... were framed and the matter was tried in the court of special judge, goa at madgaon vide special case no.6 of 2009. ..... singh thakur and one karapurkar, both officials from the zonal office of bank of india were sent to act as panch witnesses at about 4.30 pm. .....
Tag this Judgment!Court : Supreme Court of India
..... enforcement or ed recorded ecir no.hiu ii/14/2022 on 22.08.2022 under the prevention of money laundering act, 2005 (pmla) on the basis of the offences under which the cbi case was registered. ..... approaches the high court directly without first seeking relief from the trial court, it is generally appropriate for the high court to redirect them to the trial court at the threshold. ..... najeeb has expanded this principle even in a case under the provisions of the unlawful activities (prevention) act, 1967 (hereinafter uapa ) notwithstanding the statutory embargo contained in section 43-d(5) of that act, laying down that the legislative policy against the grant of bail will melt down where there is no likelihood of trial being completed within a reasonable time.5 the courts would invariably bend towards ..... accused persons of south group, the acceptance and delivery of the same to aam aadmi party through his close associate vijay nair as well as utilization of the ill gotten money so received in the assembly elections of goa during the year 2021 22 to meet the election related expenditures of aam aadmi party. ..... ultimately alleged to have been utilised by the appellant s political party towards election related expenses, during the 2021-22 goa assembly elections. ..... of the liquor manufacturers, wholesalers and retailers in lieu of illegal gratification received by the accused persons from what is called the south group to meet the election related expenses of the aam admi party at goa. 3.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(1)KLT15(SN); 2012(1)LW705; 2012(3)MLJ141; AIR2012SCW822; 2012(3)SCJ314
..... support the argument of shri ranjit kumar that even though section 5 of the limitation act cannot be invoked for condonation of delay in filing an appeal under the act because that would tantamount to amendment of the legislative mandate by which special period of limitation has been prescribed, section 14 can be invoked in an appropriate case for exclusion of the time during which the aggrieved person may have prosecuted with ..... 14, the limitation period continues to be three months and not more, but in computing the limitation period of three months for the application under section 34(1) of the ac act, the time during which the applicant was prosecuting such application before the wrong court is excluded, provided the proceeding in the wrong court was prosecuted bona fide, with due diligence ..... of any person who may be aggrieved by an order of an adjudicating officer or by an appropriate commission with a provision for further appeal to this court and prescription of special limitation for filing appeals under sections 111 and 125 is to ensure that disputes emanating from the operation and implementation of different provisions of the electricity act are expeditiously decided by an expert body and no court, except this court, may entertain challenge ..... the limitation act and the judgments of this court in state of goa v. ..... limitation act can be relied upon for excluding the time spent in prosecuting remedy before a wrong forum was considered by a two judge bench in state of goa ..... goa .....
Tag this Judgment!Court : Supreme Court of India
..... the applicant/ petitioner, upon instructions of the applicant who is present in court, points out that he will not press for the other contentions raised in the above application, but however, he should be given an opportunity to file an appropriate application before the leaned mamlatdar to get his grievances with regard to the alternative access adjudicated.7. ..... , bardez and order dated 20th september, 2013 passed by the additional collector-ii, north goad and remitted the matter to mamlatdar, bardez to decide whether he has jurisdiction/powers to re-open the proceedings in question and to pass appropriate orders.2. ..... initially, an application under section 4 of the mamlatdar's court act (hereinafter referred to as the act ) was filed by the respondent before the mamlatdar with regard to the said obstruction. ..... (a) the impugned orders dated 28/03/2013 passed by the mamlatdar of bardez and 20/09/2013 passed by the additional collector- ii, north goa, are quashed and set aside. ..... aldila braganza respondent judgment sudhansu jyoti mukhopadhaya, j.this appeal is directed against the judgement dated 18th november, 2013 passed by the high court of bombay at goa in writ petition no.622 of 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... (c) no.2924/2014 stating that the central government, ministry of environment, forests and climate change, in exercise of the powers conferred by section 3(2) and (3) of the environment (protection) act, 1986 read with rule 5(3) of the environment (protection) rules, 1986 notified an area of 1050 hectares, to an extent varying from 2.0 kilometers to 2.75 kilometers from the boundary of sukhna wildlife sanctuary in the ..... the state of goa also is permitted to give appropriate proposal in addition to what is said to ..... directed that such of the states/union territories who have not responded to the letter dated 27 5 2005 shall do the needful within four weeks of the communication of the directions of this court by ..... in the matter of enforcement of rights under article 21 of the constitution, this court, besides enforcing the provisions of the acts referred to above, has also given effect to fundamental rights under articles 14 and 21 of the constitution and has held that if those rights are violated by disturbing the ..... the state of madhya pradesh shall expeditiously issue the final notification under section 35(4) of the wild life (protection) act, 1972 in respect of the area of the pench national park falling within the state of madhya pradesh. 30. ..... moef shall file an affidavit stating whether the proposals received pursuant to the letter of 27 5 2005 have been referred to the standing committee of the national board for wildlife under the wildlife (protection) act, 1972 or not. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1386; 2001(2)ALLMR(SC)724; [2001(89)FLR161]; JT2001(3)SC238; (2001)ILLJ1120SC; 2001(2)SCALE268; (2001)3SCC321; [2001]2SCR182; 2001(2)LC981(SC)
..... the contention put forth before the esi court is that the said notification, in so far as it is applicable to a mining industry, is beyond the scope of the act for the reason that 'the appropriate government' means, in respect of the establishment under the control of the central government or a railway administration or a major port or a mine or oilfield, the central government, and in other cases, it is the state ..... 's case [supra] which is identical with the expression 'the appropriate government' as defined under the act, we think the view taken by the high court is correct and calls for no ..... scr 934, where the specific question what is the appropriate government has been considered and held the expression 'mine' used in section 2(a)(i) of the mines act, 1952 to confine only to those cases where it really concerns a mine where extraction of ores actually takes place as defined under the mines act and not other parts of the establishment. 2. ..... was held that the west bengal government was the appropriate government and the decision turned on the interpretation of section 2(a)(i) of the id act which defines 'the appropriate government'. ..... this court, having interpreted the expression 'the appropriate government' in the industrial disputes act in m/s serajuddin & co. ..... appellant before us is aggrieved by the application of the notification dated 21.6.1977 issued by the government of goa, daman & diu under the employees' state insurance act, 1948 [hereinafter referred to as 'the act']. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(6)SC339; 1995(5)SCALE142; (1995)5SCC457; [1995]Supp3SCR319; (1995)3UPLBEC1723
..... the petitioner, a practising advocate, has initiated the public interest litigation under article 32 of the constitution seeking to issue an appropriate writ, order or direction restraining permanently the bar council of maharashtra and goa [bcmg], bombay bar association [bba] and the advocates' association of western india [aawi], respondents 2 to 4 respectively, coercing ..... courts of appeal for the district of columbia circuit [see: michigan law review (vol.87) 765] in his article 'regulating judicial misconduct and divining 'good behavior' for federal judges', after the 1980 act, suggested that 'i believe that federal judges are subject to some measure of control by peers with respect to behavior or intimidation that adversely affects the work of the court and that does riot rise to the ..... the congress enacted the judicial councils reform and judicial conduct and disability act of 1980 [the 1980 act] by which judicial council was explicitly empowered to receive complaints about the judicial conduct 'prejudicial to the effective and expeditious administration of the business of the courts, or alleging that such a judge or magistrate is unable to ..... (1993) 3 scc 655, majority of the constitution bench upheld the power of the police to investigate into the disproportionate assets alleged to be possessed by a judge, an offence under section 5 of the prevention of corruption act, 1947 subject to prior sanction of the chief justice of india to maintain independence of the judiciary. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009ACJ2359; AIR2009SC2442; 2009(4)AWC3331(SC); JT2009(8)SC332; (2009)156PLR772; RLW2009(4)SC3692; 2009(8)SCALE194:2009AIRSCW4559
..... that as it may, taking into account special features of the case we feel it would be appropriate to restrict the deduction for personal expenses to one-third of the monthly income. ..... this can easily be treated to be the appropriate compensation payable to the claimants on account of economical loss suffered by them as a result of the unfortunate accident to their breadwinner.in halkibai and anr ..... what should be the appropriate multiplier as also the multiplicand in a case where a student having a brilliant career and had an offer of employment from ..... the question, in an appropriate case, may require consideration by a larger ..... whereas in determining an application for grant of compensation under section 166 of the act, the tribunal may be entitled to find out actual loss of damages suffered by the claimants, the formula having not envisaged such a contingency, we are of the opinion that ordinarily one-third should be deducted from ..... that the amount of multiplicand shall surely be relevant and in case it is a high amount, a lower multiplier can appropriately be applied. ..... and the high court have taken note of the relevant aspects to hold that 50% deduction would be appropriate. ..... parents filed an application under section 166 of the motor vehicles act, 1988 (for short, 'the act') on or about 24.12.2003 inter alia claiming a sum of ..... (uk # 1008.31) and he was offered an employment in the capacity of eu controller in goa llc, a company registered in usa at an annual remuneration of rs. ..... 2005. .....
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