Court : Supreme Court of India
Reported in : AIR1969SC992; [1969(19)FLR180]; (1969)IILLJ387SC; [1969]1SCR919
..... in our view, is misconceived and is not borne out by the express language and the scheme of section 26. section 26, as it stands after its amendment by bihar act 26 of 1959, provides by sub-section (1) that no employer shall dismiss or discharge from his employment any employee who has been in such employment continuously ..... by you, you should not be dismissed from service or otherwise' suitably dealt with.' it is clear that the facts of misconduct alleged against the respondent as his acts were:1. taking personal loans from the 'wholesalers,2. denial by him of these loans and filing a criminal complaint against the wholesalers,' and3. abusing the ..... therein that he had abused the position of trust and responsibility as a company's employee and brought down thereby its reputation and had committed the following acts of misconduct, namely:'you have given room for allegations to be made against you by the wholesalers hari bhagat laxmi bhagat with respect to transactions admittedly entered .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC179a; 1978CriLJ129; (1978)1SCC118; [1978]2SCR358
..... there will be some material); at the stage of initial arrest, for the accusation or for strong suspicion of commission fry the persons of such an offence.23. by an amendment in 1955 in section 497, cr. p.c. of the old code the words 'or suspected of the commission of' were for the first time introduced, these words were ..... the state v. captain jagjit singh : [1962]3scr622 . the captain was prosecuted along with others for conspiracy and also under sa. 3 and 5 of the indian official secrets act, 1923 for passing on official secrets to a foreign agency. this court found a basic error in the order of the high court in treating the case as falling under ..... cases the court will exercise its judicial discretion in favour of granting bail subject to sub-section (3) of section 437, cr. p.c. if it deems necessary to act under it. unless exceptional circumstances are brought to the notice of the court which may defeat appropriate investigation and a fair trial, the court will not decline to grant bail .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2527; 2000(2)ALD(Cri)393; 2000CriLJ3944; JT2000(8)SC209; 2000(5)SCALE302; (2000)6SCC751; [2000]Supp1SCR686; 2000(2)LC1101(SC)
..... that it is necessary to detain you under the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (no. lv of 1981) (amendment 1996) to prevent you from acting in such a prejudicial manner in future.8. in the grounds it was made clear that the detenue had the right to ..... commission of any of the offences punishable under chapter xvi or under chapter xvii of the indian penal code or punishable under chapter v-b of the arms act, 1959. the phrase 'habitually commits' means and suggests persistent and repetitive involvement in incidents which fulfil the conditions required for commission or the offence or offences ..... to affect adversely the maintenance of public order he can be detained as a dangerous person in exercise of the power under sec- tion 3 of the act.16. then comes the crucial question whether 'in-camera' statements of persons/witnesses can be utilised for the purpose of arriving at subjective satisfaction of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)488; AIR1996SC1887; I(1996)BC659(SC); [1996]86CompCas555(SC); (1996)133CTR(SC)505; [1996]219ITR498(SC); JT1996(3)SC410; 1996(1)KLT699(SC); 1996(3)SCALE20; (199
..... has been made or is made before or after the order for the winding up of the company, or before or after the commencement of the companies (amendment) act, 1960.(3) any suit or proceeding by or against the company which is pending in any court other than that in which the winding up of the ..... otherwise provide, be distributed among the members according to their rights and interests in the company.inserted by the companies (amendment) act, 1985:overriding preferential payments.529. (1) notwithstanding anything contained in any other provision of this act or any other law for the time being in force, in the winding up of a company(a) workmen's ..... provisions of this section shall have effect notwithstanding anything to the contrary contained in any other law for the time being in force.(emphasis supplied)provisions of the companies act, 1956suits stayed on winding up order.446. (1) when a winding up order has been made or the official liquidator has been appointed as provisional liquidator, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2277; JT1994(3)SC39; 1994(2)SCALE391; 1994Supp(2)SCC446; [1994]3SCR271
..... baidyanath panjira v. sita ram mahto, : [1970]1scr839 , in spite of the bar prescribed under section 23(3) of the representation of the people act, 1950 that no amendment shall be made or direction for inclusion of a name in the electoral roll of a constituency shall be given, after the last date for making nominations ..... were present. that meeting was addressed by bal thackeray and others. bal thackeray reiterated that the said alliance was 'contesting the election in the name of hindu religion (hindutva)'. the proceedings of the said meetings were reported in various dailies.20. we propose first to examine the charge regarding publication by the appellant ..... present. the said meeting was addressed by bal thackeray and other leaders, at which bal thackeray reiterated that he was 'contesting the election in the name of hindu religion (hindutva)'. the proceedings of the said meeting were reported in various dailies, and even the voters of the constituency in question, read the press reports. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC388; JT1987(4)SC176; 1987(2)SCALE832; 1987(Supp)SCC301; [1988]1SCR584; [1988]68STC356(SC)
..... the division bench of the high court, sub-section (2) of section 104 was added by section 12 of the rajasthan municipalities (amendment) act of 1978. the division bench overlooked this amendment and reiterated the reasons of the learned single judge and dismissed the appeals by judgment dated 20th of december, 1978.the state government ..... the abu board municipal cases but the single judge as also the division bench did not entertain the challenge by relying upon the amended provision of section 104 of the act. that is how that group of appeals too has come before this court by special leave. there is no dispute as to ..... the local conditions and needs of the people inhabiting those areas considerably varied. there were 13 different acts then in vogue governing the municipalities within that state. the rajasthan municipalities act was, therefore, introduced to consolidate and amend the law relating to municipalities in that state. in february, 1962, the state government by notification .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(61)FLR605]; (1992)IILLJ155SC
..... was only a terminological regrouping of the earlier' regulation rather than any qualitative change. the state bank laws (amendment) act, 1973 introduced various amendments and, one of the amendments were relating to change of designation of secretary and treasurer as chief general manager. hence the central board vide its resolution dated 29-3-74 for the words ' ..... bank passed the following resolutionon august 30, 1968 :in exercise of the powers conferred by sub-section (1) of section 43 of the state bank of india act, 1955 (23 of 1955) and amended sub-regulation (2) (a) of regulation 55 of the state bank of india generalregulations, 1955, the executive committee of the central board of the state bank ..... of the state bank was on the basis of regulation 55(2) (a) and the central board of the bank was authorised to amend such regulations from any date under section 50(2)(a) of the act.27. in the result the appeals filed by the state bank of india in the case of vijaya kumar and t. dayakar rao .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIAD(SC)357; AIR1998SC3043; 1998(2)ALD(Cri)529; 1998(4)ALLMR(SC)645; 1998(2)ALT(Cri)289; 1999(1)BLJR51; [1998]94CompCas812(SC); (1998)4CompLJ228(SC); 1998CriLJ4066; (1998)6SCC514
..... statute book with effect from 01.04.1989 by section 4 of the banking public financial institutions and negotiable instruments laws (amendment) act, 1988. the 'objects and reasons' clause of the bill which introduced the amending act indicates that the new chapter was incorporated to enhance the acceptability of cheques in settlement of liabilities by making the drawer ..... 138. so far as the first condition is concerned clause (a) of the proviso to section 138 does not put any embargo upon the payee to successively present a dishonoured cheque during the period of its validity. this apart, in course of business transactions it is not uncommon for a cheque being returned due ..... .9. besides the language of sections 138 and 142 which clearly postulates only one cause of action there are other formidable impediments which negates the concept of successive causes of action. one of them is that for dishonour of one cheque there can be only one offence and such offence is committed by the drawer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC922; 1988CriLJ938; (1988)2GLR859; 1988(1)SCALE494; (1988)2SCC271; [1988]3SCR225
..... days' and 'sixty days' wherever they occur, shall be construed as references to 'sixty days', 'one year' and 'one year' respectively. the effect of the amendment to section 167 by section 20(4) is to invest the executive magistrates, who are not subject to the control of the high court, with an unlimited power to ..... the ordinary penal law. the intendment is to provide special machinery to combat the growing menace of terrorism in different parts of the country. since, however, the act is a drastic measure, it should not ordinarily be resorted to unless the government's law enforcing machinery failsection16. as a matter of construction, we must accept ..... government that the impugned orders passed by the designated courts refusing to grant bail were not interlocutory orders and therefore appealable under section 19(1) of the act, cannot be accepted.25. surprisingly enough, a few days after the hearing had concluded and the judgment reserved, the state government adopted a different stand in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2002(2)ALD(Cri)567; JT2002(5)SC1
..... years which may extend to 30 years while minimum fine is rs. 1.5 lakhs which may extend to rs. 3 lakhs. section 31(a) of the act, which was inserted by the amendment act of 1988, has even provided that for certain offences, after previous convictions, death penalty shall be imposed without leaving any discretion in the court to avoid imprisonment for ..... life in appropriate cases. another amendment of considerable importance introduced by the amendment act, 1988 was that all the offences under the act were made triable via special court. section 36 of the act provides for constitution of special courts manned by a person who is a sessions judge or an additional .....
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