Judgment Search Results Home > Cases Phrase: hackney carriage act 1879 section 9 power of magistrate to decide disputes regarding fares Page 9 of about 260 results (0.083 seconds)

Central Bureau of Investigation Vs. mohd.parvez Abdul Kayuum

Court : Supreme Court of India

..... (5) of rule 15 of the tada rules provides that the confession recorded under section 15 of the tada act shall be sent forthwith to the chief metropolitan magistrate or the chief judicial magistrate having jurisdiction over the area in which such confession has been recorded and such magistrate shall forward the record 116 of confession so received to the designated court which ..... and re evaluating the evidence and material on record and, therefore, the propriety and judicial discipline dissuades this court from entering into the merits of the case in exercise of powers under article 226 of the constitution of india as well as under section 482 of the code of criminal procedure, 1973, since the apex court is in seisin of the subject matter to settle the issue authoritatively in its plenary jurisdiction under chapter ..... injury caused would not have been of the nature found by the medical officer who was clearly of the opinion, having regard to the trajectory of injuries, that the person firing the firearm was at a lower level than the victim. ..... our opinion, overall conduct of the witness is not unnatural considering the person belongs to poor strata of the society and decided to inform the owner of the chitty bang where his cart was parked, is not common and is very usual conduct ..... the application is only a ruse to get back the person concerned to police custody in case he disputes the confession or it is an application made bona fide in view of the need and urgency involved. .....

State of A.P. and anr. Vs. G. Ramesh

Court : Andhra Pradesh

Reported in : 2006(6)ALD388

..... even after the order of punishment of dismissal from service is quashed, on the ground that the disciplinary authority had abdicated his powers and had acted at the dictates of the vigilance commission, the competent authority would be entitled to pass appropriate orders afresh after taking into consideration all the relevant facts and circumstances of the ..... the tribunal called for the records and, on perusal thereof, noticed that the disciplinary authority, on the opinion given by the law department, had decided to drop the charges and thereafter the matter was referred to the vigilance commission and the vigilance commission, vide letter dated 11.2.2003, had informed ..... the tribunal held that the instant case was a glaring example where the disciplinary authority had abdicated its powers to the vigilance commission and had acted in furtherance of the advice of the vigilance commission and, since the independent decision taken by the disciplinary authority was to drop the charges, the disciplinary authority must be held to have ..... therefore, until such advice is accepted by the governor whatever the minister or the council of ministers may say in regard to a particular matter does not become the action of the state until the advice of the council of ministers is accepted or deemed to be accepted ..... 3/acb-nzb/95 under section 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988, on the ground that the respondent - applicant was in possession of assets .....

Jagjit Singh and ors. Vs. Sankatha Singh and anr.

Court : Allahabad

Reported in : AIR1950All675

..... (page 89 of the report (column 2):)'section 27, agriculturists' relief act states that the provisions of the code of civil procedure in regard to baits shall be followed, be far as they can be made applicable, in all proceedings under chap ..... to the mortgagor if there has been an over payment to the former; (ii) to take this view would result in multiplicity of suits when the object of the legislature is clearly to avoid lengthy proceedings;, and (iii) the language of section 27 which directs that the provisions of the code of civil procedure so far as they can be made applicable shall be followed in proceedings under chap. ..... they observed :' on the one hand we find a court which, according to the applicants, though it is entitled to go into the accounts to find out what is due has the power only to make a decree for money in favour of the opposite party, but cannot if it finds money due to the applicants, make a decree in their favour. ..... but as the whole of the procedural law which must be applied to a proceeding could not be compressed within the few sections contained in this chapter, it closes with section 27 which lays down that the rules of the code of civil procedure, so far as they can be made applicable, shall be followed in proceedings under this chapter ..... of the learned judges who was a member of the bench that decided raja, rams case (18 luck 183 : a. i. r. ..... it appeared to the beach that decided the revision application that it would be anomalous to accept the petitioner's .....

Mohd. HusaIn Umar Kochra Etc. Vs. K.S. Dalipsinghji and anr. Etc.

Court : Supreme Court of India

Reported in : AIR1970SC45; (1970)72BOMLR774; 1970CriLJ9; (1969)3SCC429; [1970]1SCR130

..... having regard to those arguments the following general questions affecting all the appellants arise for decision :-(1) was the import of gold in contravention of section 8(1) of the foreign exchange regulation act, 1947 punishable under section 167(81) of the sea customs act, 1878; (2) did the prosecution establish the general conspiracy laid in charge ..... the secrecy of the job, the unusual hours, the special remuneration, the carriage of gold in jackets, the user of silver refinery for the melting of gold, the inside knowledge of rafique of the purpose of the melting, lead to the irresistible conclusion that rafique was knowingly a party to melting of smuggled ..... counsel for the appellant did not dispute the finding of the high court that rao is guilty of the offences with which he had ..... the additional chief presidency magistrate, 3rd court, esplanade, bombay, acquitted a-9, 10, 13, 39 and 40 of all ..... yusuf merchant and pedro fernandes supplied the brain power, murad asharanoff remitted the funds, lakshmandas kochra and rabiyabai supplied the finances, pedro fernadez and the shuhaibar brothers sent the gold from geneva and the middle east, carriers ..... in november 1957 a-4 yusuf mohamed lori of bahrein acting for shuhaibar brothers came to india and it was decided that gold would be hidden in the body of air india international planes by a mechanic at beirut or bahrein and would be removed in bombay by another mechanic and that kochra and rabiyabai would supply funds on the guarantee .....

Sunil Kumar Sharma Vs. State (Cbi)

Court : Delhi

Reported in : 139(2007)DLT407; I(2007)DMC654; 2007(95)DRJ347

..... in fact, from the cardinal principles referred to above, it follows that, it is sufficient if the accused is able to prove his case by the standard of preponderance of probabilities as envisaged by section 5 of the evidence act as a result of which he succeeds not because he proves his case to the hilt, but because probability of the version given by him throws doubt on the prosecution case and, thereforee, the prosecution cannot be said to have established ..... fact, from the cardinal principles referred to above, it follows that it is sufficient if the accused is able to prove his case by the standard of preponderance of probabilities as envisaged by section 5 of the evidence act as a result of which he succeeds not because he proves his case to the hilt but because probability of his version throws doubt on the prosecution case.14. ..... the learned court below has taken note of the plea of the appellant regarding the threats extended to him by the relatives of deceased recorded in case diary exhibits dw-1/a, dw-1/b and dw-2/a and in this regard it would be necessary to quote the observations and findings of the court below on this aspect contained in paras 77, 78 and 98 to 102 of the impugned judgment and the same are reproduced hereinbelow ..... pw-9 shri s k peshin after satisfying himself decided to lay a trap by arranging a trap party consisting of himself, two independent witnesses, s/shri tahir hussain and jitender kumar sharma, both from cgo complex, besides other officers of the .....

Tirumulu Subbu Chetti Vs. Arunachalam Chettiar

Court : Chennai

Reported in : 124Ind.Cas.55

..... her favour, the learned judges dealt with the question whether she could sue on the contract apart from any trust and observed: 'it was, however, argued that as under section 2, clause (d) of the contract act the consideration might be provided by some other person, the plaintiff could sue oh a policy the consideration for which was provided by her husband. ..... , of a charge on immoveable property by the promisior or allocation by the promisor of the specific money in suit in favour of the plaintiff; (c) the creation of a settlement on marriage in which the plaintiff may be beneficially entitled as provided by section 23 of the specific relief act and (d) estoppel as against the promisor owing to transact tions between the plaintiff and the promisor.22. ..... the view he was inclined to take was that having regard to the definition of the word 'contract' in the indian contract act and the observations of their lordships of the privy council, ..... on english law on the form of action known as assumpsit is not applicable to contracts in india, governed by the indian contract act where all the parties are before the court and the court can do complete justice between; them. ..... one of the questions which the high court wanted the sab-judge to decide was whether the 3rd defendant undertook orally to pay the money to the plaintiff and pointed out that if the oral agreement was proved, the plaintiff would be entitled to a ..... it is not disputed as a general rule of law that only those who are parties to a .....

Additional Commissioner of Vs. Glad Investments (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)102ITD227(Delhi)

..... submission regarding diversion involves the question whether apart from the deductions permissible under the express provision contained in section 48 of the act, deduction on account of diversion is permissible in the matter of computation of capital gains under the act. ..... at the same time, there was another suit in which an arbitration agreement was sought to be filed on account of dispute including the dispute involved in respect of the dissolution of the two firms, gopee nath paul and sons and gobindo sheet metal works and foundry between the partners of the respective two firms, ..... the course of hearing before us the learned counsel for the assessee argued that the learned cit (appeals) had correctly decided that the facts of the assessee's case were entirely different from the facts of the case of v.s.m.r. ..... we have noted vital distinction between the facts of the cases decided by hon'ble supreme court and the facts of the appeal before us while discussing those cases in paras 21 and 22 ..... learned cit (appeals) held that these facts were entirely different from the facts decided by hon'ble supreme court in v.s.m.r. ..... this decision does not help us in the context in which we are supposed to decide the present case. ..... learned assessing officer rejected the contentions of the assessee and taxed the capital gains, but on asscssee's appeal the learned cit (appeals) decided in favour of the assessee. ..... supra).the learned cit, dr reasoned that hon'ble kerala high court had decided the case of smt. .....

State of Andhra Pradesh, Rep. by Its Principal Secretary, Transport, R ...

Court : Andhra Pradesh

Reported in : 2006(6)ALT447

..... . even after the order of punishment of dismissal from service is quashed, on the ground that the disciplinary authority had abdicated his powers and had acted at the dictates of the vigilance commission, the competent authority would be entitled to pass appropriate orders afresh after taking into consideration all the relevant facts and circumstances of ..... tribunal called for the records and, on perusal thereof, noticed that the disciplinary authority, on the opinion given by the law department, had decided to drop the charges and thereafter the matter was referred to the vigilance commission and the vigilance commission, vide letter dated 11.2.2003, had informed ..... the tribunal held that the instant case was a glaring example where the disciplinary authority had abdicated its powers to the vigilance commission and had acted in furtherance of the advice of the vigilance commission and, since the independent decision taken by the disciplinary authority was to drop the charges, the disciplinary authority must be held to have ..... . therefore, until such advice is accepted by the governor whatever the minister or the council of ministers may say in regard to a particular matter does not become the action of the state until the advice of the council of ministers is accepted or deemed to be ..... 3/acb-nzb/95 under sections 13(2) read with section 13(1)(e) of the prevention of corruption act, 1988, on the ground that the respondent - applicant was in possession of assets .....

Ahmad HusaIn Vs. Rama Shankar Misra and ors.

Court : Allahabad

Reported in : AIR1960All435

..... '.thereafter the respondent firm filed the writ petition on the grounds, among others, that the permit could not have been cancelled under section 60[l)fc) of the motor vehicles act in the absence of a finding that the respondent firm had ceased to possess the vehicle covered by the permit, that section 60(1)(d), allowing the cancellation of a permit if the holder of the permit has obtained it by fraud or misrepresentation, was inapplicable to the facts of ..... or misrepresentation and that the order of the regional transport authority cancelling this permit in the exercise of its powers under section 60(1)(d) of the motor vehicles act on the ground of misrepresentation was bad in law. ..... 'if the permit was so obtained by misrepresentation, the regional transport authority shall have the power under clause (d) of section 60(1) of the act to cancel the permit. ..... 14-7-1956, the secretary, regional transport authority, kanpur, issued a notice to the respondent firm to show cause why its permit be not cancelled under section 60 of the motor vehicles act on the ground of the complaint made by the appellant on 9-7-1956. ..... respondent firm and for the issue of writ of mandamus directing the regional transport authority, kanpur, and the state transport authority, lucknow, not to interfere with its right of running the stage carriage on that route under that permit. ..... running their stage carriage on the mahoba- ..... the writ petition are as follows: the respondent firm held stage carriage permit no. .....

Haseena Begum Vs. State

Court : Delhi

Reported in : 2002(79)ECC546

..... of 1995 is directed against the judgment and order dated 5.10.1995 of the learned additional sessions judge, special court, ndps act, convicting the appellant under section 21 of the narcotic drugs and psychotropicsubstances act, 1985 (for short 'the act') and further by his order dated 6.10.1995 sentenced the appellant to undergo ri for ten years with a fine of rs ..... was told about the secret information and a notice under section 50 ndps act was given and an offer was made that if she wants she could be produced before gazetted officer of police or magistrate for search but she declined. ..... singh : 1994crilj3702 , the supreme court has categorically held that section 42 of the act is a mandatory provision violation whereof shall render the conviction bad. ..... in the present case, there is noncompliance of section 42 of the act and, thereforee, the judgment under challenge cannot be ..... suffice it to say that section 42 of the act is a mandatory provision and its non-compliance would vitiate ..... for the state also supports learned counsel for the appellant inasmuch as section 42 of the act has been violated.6. ..... he submits that section 42 of the act is a mandatory provision, violation whereof would render the ..... charge under sections 21, 61 and 85, ndps act framed against the accused which is read over and explained to her to which she pleaded not ..... section 42 of the act lays down, in no uncertain terms, that the secret information must be reduced into writing and a copy thereof forwarded to a .....