Judgment Search Results Home > Cases Phrase: hackney carriage act 1879 section 9 power of magistrate to decide disputes regarding fares Page 8 of about 260 results (0.097 seconds)

Anney Kamran Vs. State and anr.

Court : Delhi

Reported in : 131(2006)DLT663; 2006(91)DRJ719

..... furthermore, by virtue of section 7 if a magistrate who is not empowered to exercise the powers of the juvenile justice board, is of the opinion that a person brought before him is a juvenile then he is required to record such an opinion without delay and forward the juvenile and the record of the proceedings to the competent authority having jurisdiction under the act. ..... submitted that the finding of the learned additional sessions judge ought to be regarded only as an opinion and should be on the same footing as an opinion of a magistrate under section 7. ..... , in my view, the conclusion arrived at by the learned additional sessions judge on 13.10.2004 was not a mere expression of an opinion with regard to the age of the accused hasan ali but was a definite finding indicating that the said accused was a juvenile. ..... , if the sessions court has returned a definite finding with regard to the age of the accused based upon an inquiry conducted by it then it would not be open to the juvenile justice board to conduct an inquiry afresh under section 49 of the said act.15. ..... , it was incumbent upon the juvenile justice board to hold a full-fledged enquiry under section 49 and record a definite finding with regard to the age of the accused. ..... it must be mentioned that the finding of the learned additional sessions judge with regard to the age of an accused is final insofar as the juvenile justice board is concerned, but this does not mean that it is not open to challenge before a superior .....

Sunil Chandra Roy and anr. Vs. the State

Court : Kolkata

Reported in : AIR1954Cal305,57CWN962

..... that the code regards a withdrawal of a case by a court for trial by itself without jurisdiction to do so as only an irregularity appears from section 529 (i), al though that section is limited to magistrates.the learned standing counsel referred to section 531 of the code as also ..... use on such occasions that the judge's powers under section 165, evidence act are intended.having considered the instances cited ..... moni dutt and sudhangshu bhattacharjee were tenants, occupying eats at 17, bondell road, who had made common cause with the appellants in the dispute with nirmal and when an appeal was made to them to come for help, both by nirmal and his wife, as they were found standing ..... 'nor is the meaning i have given to 'failure of justice' inconsistent with the decision, because all that their lordships said was that in deciding whether there had been a failure of justice in fact, the appellate court was 'entitled to' determine for itself whether there had been a failure of justice in the sense that a guilty ..... once the verdict of the jury was set aside in an appeal under section 411a (1) (a), the appellate court could only order a re-trial and was not entitled to decide the case for itself on going into the facts. ..... in all those circumstances, we have come to the conclusion that the present case is not one which ought to be decided on paper evidence such as it is.the consideration which has also weighed with us is that even more important than justice on the facts of a case is the cause .....

Speaker, Legislative Assembly Vs. Abdul Jabbar Sheikh Hassan-ud-dIn Ba ...

Court : Jammu and Kashmir

Reported in : AIR1985J& K1

..... the author * himself realized that 'split' was outside the scope of operation of section 24-g and that is why he took recourse to such a vague language in the complaint/ representation.thus, for what has been discussed above, i hold that the allegations in thecomplaint/representation, even if admitted to be true, do not attract the provisions of either clause (a) or clause (b) of section 24-g of the act, and deciding the preliminary issue accordingly, i hold that the non-applicants (12 m.l.as. ..... the mischief of clause (b) would be attracted only if the violation was in the manner of voting in the house and that on the admitted factual assumptions noticed earlier there was no whip or direction issued with regard to the manner of voting inside the house and that the whip/direction did not also relate to the proceedings inside the house. ..... rana had been nominated by the governor in exercise of his constitutional powers under section 47 of the constitution and the legislature could not have intended that clause (a) would also be applied to ..... doubts whether after reference has been made to this court by the speaker, he retains any power to withdraw the reference as for all practical purposes after making the reference he becomes functus officio ..... /complaint the speaker of the legislative assembly had initiated the action and made a reference to this court, through a written communication addressed to the deputy registrar cancelled the power of attorney he had earlier issued in favour mr. .....

Anas Abdul Rashid MachiswalA. Vs. State of Gujarat.

Court : Gujarat

..... before which a confession or other statement of an accused person recorded, or purporting to be recorded under section 164 or section 281, is tendered, or has been received, in evidence finds that any of the provisions of either of such sections have not been complied with by the magistrate recording the statement, it may, notwithstanding anything contained in section 91 of the indian evidence act, 1872 (1 of 1872), take evidence in regard to such non-compliance, and may, if satisfied that such non-compliance has not injured the ..... while describing the real principles of peace, tolerance and non-violence in islam, based on the quotations of quran, observed that islam never permits to use violence for taking revenge or to use the power to offend somebody, but the same is to be used only as a protective measure and the war is to play the role only when it is unavoidable after all measures to bring peace ..... at the stage of issuing process, it is for the magistrate to decide whether process should be issued against particular person/persons named in the charge-sheet ..... after giving due consideration to the facts and circumstances of each case, for deciding just and appropriate sentence to be awarded for an offence, the aggravating and mitigating factors and circumstances in which a crime has been committed are to be delicately balanced on the basis of really relevant circumstances in ..... gujarat in criminal appeal no.1800/05 and allied matters decided on 11.05.2010, wherein one of us (jayant .....

Hari Om @ Hero Vs. State Of U.p.

Court : Supreme Court of India

..... sonu, saurabh @ sanju are discharged u/s412ipc and section 3(2) 5 of scheduled castes and scheduled tribes (prevention of atrocities) act and accused rijwan is acquitted from the offence u/s25arms act in crime no.369/08, accused haseen is acquitted from the offence under section 25 arms act in crime no.370/08, accused bhaiye @ fareed is acquitted from the offence under section 25 arms act in crime no.381/08, accused sanjay @ sonu is acquitted from the offence under section 25 arms act in crime no.368/08 and accused 1 indian ..... setting out the guiding principles for appreciation and consideration of the evidence of a child witness, this court had found in paragraph 9, that there were no doubts at all with regard to the veracity to the testimony of the child witness, nor were there any inherent defects. ..... bhaiye are concerned, they were neither named nor the recovery from them, was proved beyond reasonable doubt, hence, the same was disbelieved and they were acquitted under section 412 ipc and their fingerprints were also, did not tally with the disputed fingerprints collected from the spot. ..... it must be stated here that the disputed finger print no.8909 lifted from a glass in the kitchen of the house matched with the thumb impression of right hand, being sample no.8923, of sanju @ saurabh while the disputed finger print impressions 8914 and 8917 from another glass 13 matched with the sample impressions of the thumb and index finger of right hand being sample nos.8963 and 8964 of .....

The High Court of Karnataka Vs. Prof. P.N. Shetty

Court : Karnataka

Reported in : 1996CriLJ1747; ILR1996KAR685; 1996(2)KarLJ137

..... it was held that the documents produced by the accused and the witnesses cited by him are not relevant for the purpose of deciding the question involved in the case and hence the request was rejected by the order dated 20-7-1995 and the case was posted to 7-8-1995, for the evidence of the ..... in his written arguments dated 4-1-1996, the accused contends that hon'ble justice shivaraj patil apparently decided the matter in advance and he has grossly misused his position and that the said order was ..... this court over ruled the objection as the contempt of courts act provides for the court to decide the questions relating to contempt, even if the contempt is in relation to this ..... pai : ilr1991kar124 , the chief objective of the contempt proceeding is to deter a man from offering any indignities to the course of justice and the essential feature of the proceeding is the exercise of a summary power by the court itself in regard to the delinquent. ..... in the said appeal, which tend to scandalise and lower the authority of this court and that the said statements interfere or tend to interfere with due course of the judicial proceedings, which is punishable under section 12 of the contempt of court's act, 1971. ..... the said date, the accused was present and his statement under section 313 cr.p.c. ..... 7-8-1995, the accused filed his written statement and the case was adjourned to 23-8-1995 for evidence, on which date, the court was of the opinion that the statement of the accused under section 313 cr.p.c. .....

Rahim Khan Vs. Khurshid Ahmed and ors.

Court : Supreme Court of India

Reported in : AIR1975SC290; (1974)2SCC660; [1975]1SCR643

..... * * *having found that the returned candidate and others with his consent committed the corrupt practice defined in clauses (1), (2), (3) and (4) of section 123 of the act, i accept the petition and declare the election of the returned candidate to the haryana legislative assembly from the nuh assembly constituency to be void.8. ..... it is curious that the election commission, in its report on the fifth general election in india (1971-72) refers to objections regarding the symbol 'cow and calf on the score of religious associations from eminent persons and in overruling them cites george barnard shaw (everybody's political what ..... before delivering judgment in the election case the court has to inform and extend an opportunity to the collaborators in corrupt practice and in the light of the totality of evidence on record decide the election petition and the issue of naming those guilty of corrupt practices. ..... returning officer : [1974]1scr822 the implied limitations on the appellate power under section 116a were stated thus :it can re-appraise the evidence and reverse the trial court's findings of ..... other hand, effective contemporaneous machinery providing for such checks would greatly curtail subsequent election disputes and even act as a deterrent to the commission of corrupt practices. ..... as muslim is not food and dress but the triune items of one god, universal brotherhood and the great prophet mahomet, being the last of the prophets (although on this last limb there is some dispute). .....

Cement Corporation of India Vs. S. Sultan and anr.

Court : Delhi

Reported in : 2004(3)ARBLR458(Delhi); 112(2004)DLT919

..... is contained in the stockistship agreement admittedly executed between the parties which stipulates that - ''this agreement shall be deemed to be made at delhi and subject to the provision of clause 9, courts at delhi shall have exclusive jurisdiction to decide or adjudicate upon any disputes which may arise out of or be in connection with this agreement''. ..... 's contention that the word 'deemed' employed in the arbitration clause was sufficient to vest jurisdiction in a particular place, even in the absence of such place enjoying jurisdiction as per section 20 of the cpc, it would be diametrically opposed to sections 23 and 28 of the indian contract act and would, thereforee, be struck down as contrary to public policy ..... has laid great stress on abc laminart's case (supra) and especially to these observations - ''when the court has to decide the question of jurisdiction pursuant to an ouster clause it is necessary to construe the ousting expression or clause properly ..... two courts or more have under the code of civil procedure jurisdiction to try a suit or proceeding an agreement between the parties that the dispute between them shall be tried in one of such courts is not contrary to public policy. ..... . union of india, : [1971]3scr9 in these words :- ''it is difficult to regard a word, a clause or a sentence occurring in a judgment of this court, divorced from its context, as containing a full exposition of the law on a question when the question did not even fall to be answered in that .....

D. Venkata Krishna Rao and Others Vs. Government of A.P., Rep. by Prin ...

Court : Andhra Pradesh

..... on the holding that the wakf tribunal assumed jurisdiction wrongly in deciding the dispute regarding eviction of the tenants of the wakf property, the court allowed the appeals which arose out of three revisions decided by the high court of andhra pradesh under section 83(9). ..... the core issue, however, which was focussed upon by the rival counsel is the maintainability of the writ petitions in view of the provisions of the wakf act entrusting the jurisdiction to resolve all disputes regarding wakfs to a specially constituted wakf tribunal and the provisions in the wakf act which expressly bars the jurisdiction of civil courts. ..... (emphasis supplied) in salam khan v tamil nadu wakf board air 2005 mad 241, a division bench of madras high court held that the wakf tribunal under section 83 has vast powers to decide any dispute, question or other matters relating to a wakf or wakf property meaning any dispute or matter relating to the property of the wakf as defined under the wakf act. ..... (3) where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 1882 (2 of 1882) or under the societies registration act, 1860 (21 of 1860) or under any other act, is wakf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry the board is satisfied that such property is wakf property, call upon the trust or society, as the case .....

D.Venkata Krishna Rao Vs. Government of A.P., Rep. by Principal Se

Court : Andhra Pradesh

..... on the holding that the wakf tribunal assumed jurisdiction wrongly in deciding the dispute regarding eviction of the tenants of the wakf property, the court allowed the appeals which arose out of three revisions decided by the high court of andhra pradesh under section 83(9). ..... the core issue, however, which was focussed upon by the rival counsel is the maintainability of the writ petitions in view of the provisions of the wakf act entrusting the jurisdiction to resolve all disputes regarding wakfs to a specially constituted wakf tribunal and the provisions in the wakf act which expressly bars the jurisdiction of civil courts. ..... (emphasis supplied) in salam khan v tamil nadu wakf board30, a division bench of madras high court held that the wakf tribunal under section 83 has vast powers to decide "any dispute, question or other matters relating to a wakf or wakf property" meaning any dispute or matter relating to the property of the wakf as defined under the wakf act. ..... (3) where the board has any reason to believe that any property of any trust or society registered in pursuance of the indian trusts act, 1882 (2 of 1882) or under the societies registration act, 1860 (21 of 1860) or under any other act, is wakf property, the board may notwithstanding anything contained in such act, hold an inquiry in regard to such property and if after such inquiry the board is satisfied that such property is wakf property, call upon the trust or society, as the case .....