Court : Supreme Court of India
Reported in : 2012(1)KLT10; AIR2012SCW207; AIR2012SC364; 2012CriLJ1001
..... constitute a special investigation team to enquire into all aspects of the proclaimed offenders and submit a status report. the high court also issued notice to the central bureau of investigation (hereinafter called the `cbi'). (g) it was during the pendency of these proceedings that shri darshan singh multani, father of balwant ..... v. puthenkavu n.s.s. karayogam & anr., (2001) 10 scc 191, this court observed that once the basis of a proceeding is gone, all consequential acts, actions, orders would fall to the ground automatically and this principle is applicable to judicial, quasi-judicial and administrative proceedings equally. 74. similarly in mangal prasad tamoli ..... the court under the cr.p.c. inherent powers cannot be exercised assuming that the statute conferred an unfettered and arbitrary jurisdiction, nor can the high court act at its whim or caprice. the statutory power has to be exercised sparingly with circumspection and in the rarest of rare cases. (vide: kurukshetra university & .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC234; JT1994(6)SC567; 1994(4)SCALE559; (1995)1SCC295; [1994]Supp4SCR432
..... acquisition of land by certain persons. it states that on and from the commencement of the amendment act, i.e. act 1 of 1974, no person who, or a family or a joint family which, has an assured annual income of not less than rs. 50,000 (earlier ..... in villages, whose gross annual income does not exceed rs. 2,000.chapter v relating to 'restrictions on holdings or transfer of agricultural lands' was inserted in the act by act 1 of 1974 and came into effect from 1st march, 1974. it contains sections 79a, 79b and 79-c, among others. section 79a, inter alia, prohibits ..... prevent indiscriminate conversion of agricultural land for non-agricultural use and to regulate and control the conversion of agricultural land into non-agricultural land. section 83 of that act provides for different rates of assessment for agricultural and non-agricultural land. that provision strengthens the presumption that agricultural land is not to be used, as per .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ822; JT2003(Suppl1)SC412; 2004(7)KarLJ562; 2003(8)SCALE1; (2003)11SCC251; 2004(1)LC512(SC)
..... thought it fit to employ only the word 'information' without qualifying the said word. section 139 of the code of criminal procedure of 1661 (act 25 of 1861) passed by the legislative council of india read that 'every complaint or information' preferred to an officer in charge of a police station should be reduced into writing which ..... provision was subsequently modified by section 112 of the code of 1872 (act 10 of 1872) which thereafter read that 'every complaint' preferred to an officer ..... otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice.' it must also be mentioned that it is settled law that the power to quash must be exercised very sparingly and with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC2486; 1971CriLJ1720; (1970)3SCC746; [1971]2SCR711
..... specifically mentioned in the sections and to no other purpose".we may say at once that the distinction has our respectful concurrence.then came the decision in superintendent, central prison, fatehgarh v. ram manohar lohia(2). in that case, the expression 'in the interest of public order fell to be considered. subbarao, j. (' ..... to incite an immediate breach of the peace or riot as distinguished from utterances causing mere 'public inconvenience, annoyance or unrest'."he referred also to the public order act 1936 in england.. subbarao, j. however, distinguished the american and english precedents observing :"but in india under art. 19 (2) this wide concept of ' ..... opinion, after receipt of information, that there do exist sufficient grounds for taking proceedings. at the first stage, when forming such opinion, the magistrate naturally acts ex parte and has to rely on information supplied to him or other information obtained by him in the absence of the person againct whom proceedings are .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1979; 1979CriLJ41; (1979)2SCC179; [1979]1SCR993
..... considered in the revision application 107 of 1964.33. it is thus manifest that in abruptly deleting the charges and 'discharging' the accused, the magistrate was acting neither in accordance with the observation or directions of gokhale j., nor in accordance with law.34. equally meritless, albeit ingenious is the argument that since ..... that the only order specifically challenged therein was one dated december 6, 1962 whereby the magistrate had held that 9 verladasheins were admissible under section 10, evidence act, although, incidentally, it was mentioned that the charges framed as a consequence of the impugned order dated december 6, 1962, should also be quashed. even ..... 19, 1964. it was contended there, on behalf of the prosecution that all the verladescheins were straightway admissible under sub-section (2) of section 32, evidence act. gokhale, j. held that since the preliminary condition set out in the prefatory part of section 32, (viz., that the persons whose statements are sought to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC184; (1987)89BOMLR600; JT1987(4)SC342; 1987(2)SCALE1034; (1988)1SCC155; [1988]1SCR1057; 1988(1)LC133(SC)
..... (1971)73bomlr394 had held that the court of small causes would have no jurisdiction to proceed with the application filed under section 41 of the presidency small cause courts act. the learned judge rejected the contention of the appellant that he was a tenant and having found that the period of licence had come to an end, he passed ..... the said premises. the respondent refused to do so. in july, 1967 the appellants filed an application for eviction under section 41 of the presidency small cause courts act. the contention of the respondent that he was a tenant was negatived by the small cause court, bombay. the respondent approached the high court under article 227 of ..... was in occupation by permission of the grantor that after the recovery of the permission a suit for possession could have been instituted under section 41 of the said act.3. on or about 9th nov. 1970 the owner of the premises filed an ejectment proceeding against one sugrabhai mohammed husain and obtained a decree. the trial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC880; 1999CriLJ1332; [1999(81)FLR655]; JT1999(1)SC213; (1999)ILLJ661SC; 1999(1)SCALE216; (1999)2SCC537; [1999]1SCR326; 2000(1)SLJ265(SC); 1999(1)LC589(SC)
..... .5. on the other hand, according to the learned senior counsel for the respondents sri. r.sundaravardan, the matter turns upon an interpretation of the notification of the central government dated 9.12.1976, as to whether these six sweepers can be said to be among those 'sweeping, cleaning, dusting and watching the buildings owned or occupied ..... also contended that the case of such sweepers at the car park area was not even referred to the advisory board under section 10 of the contract labour (prohibition) act and it was highly doubtful if they were covered by the notification.10. on the otherhand, learned senior counsel for the petitioners contended that, going by the map ..... 11.4.1997?7. it is well settled that disobedience of orders of court, in order to amount to 'civil contempt' under section 2(b) of the contempt of courts' act, 1971 must be 'wilful' and proof of mere disobedience is not sufficient. s.s. roy v. state of orissa and ors. : air1960sc190 . where there is no deliberate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1023; 2000CriLJ1444; 2000(1)CTC694; 2000(68)ECC209; (2000)2GLR1532; JT2000(2)SC230; RLW2000(2)SC213; 2000(1)SCALE660; (2000)3SCC409; [2000]1SCR945
..... sunil. that is how these three cases are placed for hearing before a five judge bench of this court.24. section 3 of the cofeposa act confers power on the central government, state government and their officers if specially empowered, to make an order for detention against a person engaged in certain prejudicial activities specified in that ..... any detention order to which the provisions of section 9 apply, shall be two years from the date of detention. section 11 of the act confers power on the state government and the central government to revoke or modify the detention order. sub-section (2) of that section however, provides that the revocation of a detention order ..... contained in clause (6) of section 12. temporary release of a detenu can only be ordered by the government or an officer subordinate to the government, whether central or state. i must, however, add that the bar of judicial intervention to direct temporary release of a detenu would not affect the jurisdiction of the high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4074; II(2005)BC542(SC); 2006(3)BomCR429; [2005]124CompCas685(SC); (2005)4CompLJ193(SC); 2006(1)CTLJ465(SC); JT2005(3)SC523; (2005)11SCC73; [2005]59SCL414(SC); 200
..... thereby.v.4.3 in pacific coast coal mines ltd. v. arbuthnot and ors. (1917) ac 607 pc, the privy council was of the opinion;' that to render the notice a compliance with the act under which it was given it ought to have told the shareholders, including those who gave proxies, more than it did. it ..... shares in their favour in the proceedings under section 155. they could not have done so.21. that the court exercising jurisdiction under section 155 of the companies act was competent to entertain the applications filed by the appellants cannot be disputed. the only question is whether the discretion to do so was properly exercised. despite the ..... . the applications for substitution were allowed.9. the respondents have raised a preliminary objection questioning the entertainment of the appellant's application under section 155 of the act in the first place. it is submitted that complex questions of fact were involved and the ordinary procedure of a civil suit as opposed to the summary remedy .....
Tag this Judgment!Court : Supreme Court of India
Reported in : II(1985)ACC184; AIR1985SC493; 60(1985)CLT99(SC); 1985(1)SCALE376; (1985)2SCC636; [1985]3SCR1; 1985(17)LC838(SC)
..... in respect of such number of tourist vehicles as the central government may, in respect of that state, specify in this behalf, and such applications have to be dealt with according to the provisions of sections 49, 50 ..... . 15, 16 and 17, all of 1975 to the state transport appellate tribunal ('appellate tribunal' for short) under section 64(2) of the motor vehicles act, 1939 act for short). the appellate tribunal dismissed all the appeals and confirmed the order made by the state transport authority granting all-india tourist permits to the appellants. three ..... equipped and maintained in accordance with such specification as the state government may, by notification in the official gazette, specify in that behalf. by the same amending act, sub-section (7) of section 63 was introduced enabling state transport authority of any state to grant permits valid for the whole or any part of india, .....
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