Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... india and once the detenu was assisted by able counsel, the detaining authority is not legally duty-bound to forward the detenu's representation to the central government.division bench of this court held as follows :'merely because detenu has been assisted by advocate that does not absolve the detaining authority from its ..... detaining authority has by making mere reproduction of statements of two confidential witnesses in the grounds of detention claimed privilege under section 9(2) of the act, but as the detaining authority has not referred to any contemporaneous evidence on the basis of which the detaining authority formed his opinion with reference to ..... his affidavit-in-reply that he considered particular contemporaneous evidence for arriving at his subjective satisfaction for claiming privilege under section 9(2) of the act. shri prajapati has made it clear that it is not his argument that the detaining authority himself should produce that contemporaneous evidence along with grounds of .....
Tag this Judgment!Court : Gujarat
Reported in : 1995CriLJ3751; (1996)1GLR219
..... investigate into the offence punishable under chapter iv of the ndps act :--(i) officers authorised by warrant issued by the competent magistrate (vide section 41(1):(ii) officers of the gazetted rank of the department of central government or state government duly empowered either by the central government or the state government in this behalf by general or special order (vide section 41(2 ..... or state government duly empowered in this behalf by central or state governments by general or special order (vide section 42(1):from amongst above four categories who can investigate into an offence punishable under chapter iv of ndps act, officers of the gazetted rank referred to in section 41(2) only have a right to arrest a person or search a building .....
Tag this Judgment!Court : Chennai
Reported in : AIR1995Mad226
..... 82) :-- 'on the question as to the maintainability, of the appeal, it is seen that the explanation to section 54 of the foreign exchange regulation act, 1973, treats only the central gov-ernment is an aggrieved party for the purpose of filing an appeal to the high court in respect of orders passed by the foreign exchange regulation ..... thenwas, allowed the writ petition and directed the respondent to implement the order of the tribunal. 27. the learned addl. govt. pleader by relying on the decision reported in bar council of maharashtrav. m. v. dabholkar, (1976) 1 scr 306 : (air 1975 sc 2092) : : [1976]1scr306 contended that the writ petition filed by the petitioner/regional transport ..... is required in the background of statutes which do not deal with property rights but deal with professional conduct and morality. the role of the bar council under the advocates act is comparable to the role of a guardian in professional ethics. the words 'person aggrieved' in sections 37 and 38 of the .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ572
..... in 1970 tamil nadu invoked the provisions of section 3 of the inter-state water disputes act and requested the central government for reference of the disputes between the states of tamil nadu and karnataka to a tribunal under the act. negotiations between the two states resulted in the constitution of a pact finding committee in ..... respondents have submitted that after the state cabinet passed a resolution deciding to pass the validating act, the state assembly passed the bill on 28th february, 1996 which was ratified by the legislative council on 29th february, 1996. the assent of the governor was received on 14th march, 1996. a notification was issued on ..... 15th march, 1996 calling upon the builders to apply for regularisation. it is submitted that the act not only validates the building constructed in accordance .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2001Kant412; ILR2001KAR3729; 2001(6)KarLJ413
..... services committee'. section 4 lays down various functions enumerated at clauses (a) to (n) thereof to be performed by the central authority. section 5 enjoins that central authority shall act in co-ordination with other governmental and non-governmental agencies stated therein, which are engaged in the work of promoting the cause of ..... to be dismissed. the limitations of revisional jurisdiction of a high court circumscribed by clauses (a), (b), (c) of section 116 are enunciated by privy council in n.s. venkatagiri ayyangar and anr. v. hindu religious endowments board, madras, as under: '.....the section empowers the high court to satisfy itself on three ..... cases; (c) undertake preventive and strategic legal aid programmes; and (d) perform such other functions as the state authority may, in consultation with the central authority, fix by regulations'. section 8a requires the state authority to constitute a committee called 'the high court legal services committee' for every high court, for .....
Tag this Judgment!Court : Mumbai
Reported in : (1987)89BOMLR571; (1989)ILLJ356Bom
..... . the state government has sought approval for extension of the scheme to all or any of the areas where chapters iv and v of the act are enforced. the central government granted such approval and the mere fact that the letter conveying approval does not specifically set out that the approval is for extension of the ..... september 23, 1974 and solicited extension of the scheme in all or any of the areas of the state where chapters iv and v of the act are enforced. the central government conveyed the approval sought in accordance with the letter dated september 23, 1974. mr. chinoy submits that the letter of approval does not specifically ..... other hand, there are tell-tale circumstances to indicate that such approval must be secured before hand. section 1(5) of the act demands that the state government can extend the scheme provided central government gives approval and after consultation with the corporation. now, it is futile to suggest that the even consultation with the corporation should .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1998KAR730; 1998(5)KarLJ62
..... cash grants for political suffers and the whole scheme of state and local welfare. then again, thousands of people are employed in the state and the central government and local authorities. licences are required before one can engage in many kinds of businesses or work. the power of giving licences means power to ..... chief minister declaring him to be an usurper of the office. he had also prayed for issuance of appropriate direction to the central government to appoint a judicial commission under the commission ofenquiry act, 1952 for enquiring into the misdeeds of corruption and abuse of authority by the first respondent. the court found that there ..... influential liquor lobby. the process of manufacture, distribution and sale of imfl is under the control of the state government. to effectively collect excise duties, the central duty, health cess, educational cess and the sales tax, the state government has posted the staff of excise department in several distilleries to ensure that each .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... other offence in patiala. the state government passed an order under section 268, cr.p.c. asking bhajan vir singh and co-accused not to be removed from central jail ambala till the trial was proceeding. the aforesaid order of the state government was challenged in the instant case.71. the division bench of punjab and haryana high ..... for the reason that the provisions of the new code shall have to be interpreted in accordance with the interpretation put to those provisions by the hon'ble apex court.central bureau of investigation. special investigation cell i. new delhi v. anupam j. kulkarni reported in air 1992 sc 1768 : 1992 cri lj 2768.46. a division ..... the purpose of compliance of the mandate of section 270 of the cr.p.c. regarding taking back the petitioner to central prison nasik in view of his confinement in the said prison, in connection with the ndps act case at bombay, and the said case admittedly still being pending before the special judge city sessions court greater bombay....for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1073; 1983(2)SCALE141; (1984)1SCC66; [1983]3SCR701
..... by them against the orders determining surplus land. this court did not invalidate the whole of the andhra pradesh act but only in respect of the provisions which were found repugnant to the provisions of the central act.8. this is the third attempt on the part of the land holders to challenge the constitutional validity of ..... writ petitions in this court challenging again the constitutional validity of the andhra pradesh act. one of the grounds taken was that by reason of enactment of the urban land (ceiling and regulation) act, 1976 (hereinafter referred to as the 'central act') the andhra pradesh act had become void and inoperative. the other ground taken in those cases was ..... some of the provisions of the andhra pradesh act.9. all the points raised by shri phadke are covered by some decision .....
Tag this Judgment!Court : Delhi
Reported in : 1988(18)ECC358; 1988(19)LC131(Delhi); 1989(39)ELT211(Del)
..... servants in case of seizure made, infringement or evasion of duty etc. detected under the provisions of the customs act, 1962, the central excises and salt act, 1944, the gold (control) act, 1968 and the foreign exchange regulation act, 1973. as a result of the review, revised guidelines were laid down in the memorandum dated march 30, ..... by investing powers in the director (audit). 15. assuming that the board has been conferred power to invest any person with the powers of the central excise officer under the act, the challenge is that this power is uncannalised, uncontrolled and unguided, and thus vocative of article 14 of the constitution. the power contained in ..... times and is payable on the manufacture of cigarettes and smoking mixtures. the national tobacco company of india was duly licensed under the provisions of the act and/or the central excise rules, 1944 (hereinafter referred to as the rules) in respect of both the factories, one at biccavole, andhra pradesh and the other at .....
Tag this Judgment!