Court : Supreme Court of India
Reported in : AIR2009SC2763; 2009(57)BLJR2885; 2009CriLJ4109; (2010)1GLR300(SC); JT2009(9)SC188; RLW2009(2)SC2240; 2009(9)SCALE381; (2009)7SCC526; 2009(7)LC3135(SC)
..... them under section 420 of the indian penal code and sections 18 and 19 of toho at police station palam vihar, gurgaon. the investigation was transferred to the central bureau of investigation, the respondent herein.it registered another fir on or about 8.02.2008 under sections 420, 342, 326, 506 and 120b of the ..... ten thousand rupees.22 - cognizance of offences(1) no court shall take cognizance of an offence under this act except on a complaint made by--(a) the appropriate authority concerned, or any officer authorised in this behalf by the central government or the state government or, as the case may be, the appropriate authority; or(b) a ..... (1) is a registered medical practitioner, his name shall be reported by the appropriate authority to the respective state medical council for taking necessary action including the removal of his name from the register of the council for a period of two years for the first offence and permanently for the subsequent offence. 19 - punishment for commercial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC949; (1982)1CompLJ217(SC); 1982CriLJ819; 1982(1)SCALE38; (1982)1SCC561; [1982]3SCR121
..... 212-213)i do not think that this decision supports the wide proposition canvassed before us by shri som nath chatterjee. in the case before the privy council, similar charges which were levelled against the accused in an earlier prosecution were dismissed. the high court quashed the investigation into fresh charges after examining the ..... in an economic activity which is highly detrimental to national interests is a matter which must engage the prompt and serious attention of the state and central governments. but the narrow question for our consideration is whether on the basis of the allegations made against the accused, there is reason to suspect ..... facts material for the purpose of this appeal may, however, be briefly indicated :43. sanchaita investments is a partnership firm duly registered under the indian partnership act. sanchaita investments (hereinafter referred to as the firm) has its principal place of business at nos 5 and 6 fancy lane, calcutta. shambhu prasad mukherjee, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1260; 1991(2)BLJR767; (1991)2CompLJ197(SC); 1991CriLJ1438; 1991(2)Crimes113(SC); JT1991(2)SC147; 1992Supp(1)SCC222; [1991]2SCR1; 1992SCC(Cri)192
..... magistrate is not empowered to interfere with the investigation by the police. in king emperor v. khawaja nazir ahmad 71 ind app 203 the judicial committee of the privy council held that 'the function of the judiciary and the police are complementary, not overlapping' and 'the court's functions begin when a charge is preferred before it, and ..... than the above, the consignment will be rejected. the chemical examination was to be done either in the laboratory of biscomaun or any other laboratory approved by the state/central government. contrary to this condition, the chemical examination of the fertiliser is said to have been carried out by one dr. s.n. jha, associate professor of soil ..... purporting to act in the discharge of his duty in pursuance of an order made under section 3, no court shall take cognizance of such offence except with the previous sanction:(a) of the central government, in the case of a person who is employed or, as the case may be, was at the time of commission of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC175; (1974)1SCC68; [1974]2SCR60
..... interest so permits, the state government may, on the application or with the consent of the licensee, and after consulting the state electricity board, and the central government where that government is interested, and if the licensee is not a local authority, after consulting also the local authority, if any, concerned, revoke a ..... ; and the third has experience of accounting and financial matter in a public utility undertaking, preferably an electricity supply undertaking. section 13 of the said act provides that all orders and decisions of the board shall be authenticated by the signature of the chairman. it is obvious that telephonic consultation could not ..... forming an opinion.' however, it was held that the opinion should relate to 'anything required under the act.' the privy council said : 'if it relates to something which was not required under the act, the revocation of the licence would be invalid.'14. then there came our constitution with its article 19(1)(g) conferring .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC22; [1972]86ITR557(SC); (1973)3SCC207; [1973]2SCR389
..... clause (1) of section 271 is that the income tax officer or the appellate assistant commissioner should have been satisfied in the course of proceedings under the act regarding matters mentioned in the clauses of that sub-section. it is not, however, essential that notice to the person proceeded against should have also been issued ..... that concern should be considered to be the income of the assessee. notice was ordered to be issued for proposed penalty under section 271(1)(c) of the act to the assessee 'in regard to the concealment of and furnishing inaccurate particulars of income' from kohinoor mills. notices, it would appear, were thereafter issued by ..... during the relevant years the assessee derived income from several sources'. the assessment for the first year was made under section 23(3) of the indian income tax act, 1922. the income tax officer subsequently found that' income from the business in the name of kohinoor crain mills sales depot (hereinafter referred to as the kohinoor .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC905; JT2001(2)SC114; (2001)2MLJ45(SC); 2001(1)SCALE471; (2001)3SCC290; [2001]1SCR527
..... permission having been withheld.10. it will be useful to refer to the analogous provision in the fundamental rules issued by the government of india applicable to the central government servants. fundamental rule 56(a) provides that except as otherwise provided in this rule, every government servant shall retire from service on the afternoon of the ..... and reliable evidence that either improper acceptance of the nomination of the candidate or on account of the non-compliance with the provisions of the constitution or the act, rules or orders etc. that the wasted votes would have been distributed in such a manner among the remaining candidates that any candidate other than the ..... but in spite of the fact that this court had highlighted this question on more than one occasion, parliament has not amended the relevant provisions although the act has been subjected to several amendments. it is manifest that law laid down by this court in vashist narain sharma case and paokai haokip case holds the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2045; (1986)88BOMLR260; 1986CriLJ1922; 1986(1)SCALE745; (1986)2SCC716; [1986]2SCR621
..... purpose of carrying on its activities. the minister of culture and the chief secretary to the government of maharashtra were both nominated ex-officio member on the council of ncpa. 20. subsequently, with a view to enabling it to meet its operating expenses ncpa made an application to the government of maharashtra by ..... chief metropolitan magistrate declined to take cognizance of the offences punishable under sections 161 and 165, ipc and section 5(2) of the prevention of corruption act (ii of 1947) ('act' for short) without appropriate sanction as the respondent was, at the relevant time, holding the office of chief minister of the state of maharashtra. ..... through others, will arrange to make the following donations to indira pratibha pratishthan, an allied organisation involved in giving similar support to the performing and non-performing acts; one time within six months of govt.'s confirmation rs. 1 crore three years after i.e. on completion and commissioning of the commercial complex. rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2602; (1974)3SCC415; [1974]1SCR548
..... election petition no. 9 of 1972 on issues no. 1 and 5, which were tried as preliminary issues, are correct.2. an election to elect four members of the council of states from the state of gujarat was to be held on april 8, 1972.3. the appellant and respondents no. 1 to 5 filed nominations. on scrutiny, the ..... preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such house or houses.13. section 3 of the 1951 act provides for qualification for membership of the council of states : 'a person shall not be qualified to be chosen as a representative of any state or union territory in the ..... council of states unless he is an elector for a parliamentary constituency in that state or territory'. section 2(1)(e) of that act defines an elector' :2(1)(e)-'elector' in relation to a constituency means a person whose name is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... presently under challenge before us. we may hasten to add that the proclamations were made on different occasions on the advice of the council of ministers of the central government belonging to different political complexions. some of the states, dissolved valiantly fought, honourably bled and pathetically lost their legal battle.388. ..... was amended more than 77 times and article 356 itself was amended six times through the constitution section 38th amendment act; 42nd amendment act: 44th amendment act; 59th amendment act; 64th amendment act and 68th amendment act. apart from the congress party, three non congress political parties were in power at the center during these 44 ..... there is no reason to believe that the highest authority like the president of india - i.e., the union council of ministers - would not act fairly and honestly or that they would not act in accordance with the spirit and scheme of the constitution. sri parasaran further submitted that where a particular proclamation .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2198; 1981CriLJ1835; 1981(3)SCALE1707; (1982)1SCC71; [1982]1SCR1077
..... claimed that the aforesaid plots and structures thereon had been registered as shia waqfs for performance of their religious ceremonies and functions under section 38 of the 1936 act by the shia central waqfs board after making full inquiry and following the procedure prescribed by that section as early as in 1952 and the board had issued the requisite sanads ..... to take from them security to keep the peace.(emphasis supplied)33. it may be stated that the aforesaid view of the madras high court was preferred by the privy council to the contrary view of the bombay high court. in manzur hasan and ors. v. muhammad zaman and ors. 52 i.a. 61 the facts were that shia ..... as res judicata barring the subsequent suit between the same parties with respect to the same matter. on a review of entire case law on the subject, including privy council decisions, this court at page 574 observed thus: as a result of the above discussion, we are of opinion that the provisions of section 11 cpc are not exhaustive .....
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