Court : Mumbai
..... to interfere with the investigation by the police. in king emperor v. khawaja nazir ahmad, (71 indian appeals, 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 ..... towards control of crime and maintenance of public order. yours faithfully,sd/-(sumita mukherjee)director (sr)copy forwarded for information and necessary action to:1. director, central bureau of investigation, new delhi2. director, national crime records bureau, new delhi3. all ministries/departments of the government of india4. director, intelligence bureau5. secretary, ..... every link in the chain of prosecution case while collecting the complete evidence except to the extent expressly prohibited by the code or the evidence act or the constitution of india. in view of the arduous task involved in the investigation, the investigating officer has been given full liberty to .....
Tag this Judgment!Court : Supreme Court of India
..... as amended by central act 68 of 1984 can be read into the provisions under chapter vii of the maharashtra regional and town planning act, 1966 for an acquisition thereunder.3. the appellant is a registered partnership firm owning certain lands situated within the jurisdiction of the second respondent jalgaon municipal council. the land ..... attracted to an acquisition under chapter vii of the mrtp act, unless barred expressly or by direct implication. the amendments introduced in the land acquisition act, 1894 by central act 68 of 1984 would all automatically apply.10. consequently, the period of limitation prescribed under section 11-a for making the award would squarely ..... are dissimilar in their content and application. the provisions of section 127 of the mrtp act were amended long after the amendment of the land acquisition act by central act 68 of 1984. the legislature was fully aware of the entire matter including hardship of the land owners. the statement of objects and reasons for .....
Tag this Judgment!Court : Mumbai
..... respondent/contemner placed reliance on the dictum in paragraph no.26 of the judgment of the apex court in the case of thakur jugal kishore sinha vs. the sitamarhi central co-operative bank ltd. & anr. reported in air 1967 sc 1494. the same reads thus: "(26) generally speaking "any conduct that tends to bring the ..... advocate practicing before this court who is facing show-cause notice for having committed criminal contempt, can appear in robes before the court. therefore, whether the bar council should initiate any action against the respondent/contemner for representing the cause of his close relative as advocate in the writ petition, is left open. we express ..... other ordinary litigant. in any case, he cannot appear in robes. mr.damle appearing for the bar council has invited our attention to the relevant provisions in the code of civil procedure, civil manual, advocates act and bar council rules in support of his submission. in addition, he has relied on the decision of the division bench .....
Tag this Judgment!Court : Andhra Pradesh
..... in the constitution (s.t.) order, 1950 or scheduled castes and scheduled tribes orders (amendment) act, 2002 by act 10 of 2003. but, the word 'residents in the localities" found in the constitution (s.t.) order, 1950. 60. the central government issued clarification with regard to the issuance of caste certificate for scheduled castes and scheduled tribes on ..... central government undertaking. a 'community certificate' has been defined as mean the certificate issued by the competent ..... of india and others21, wherein it was held thus (para 12): " the act is a complete code by itself. "appointment in public service" has been defined in section 2(a) of the act to mean a service or post under the state or the central government and includes appointment to any post of the state or the .....
Tag this Judgment!Court : Orissa
..... for a company is held not mandatory then that would be in contravention of the provisions of part vii of the l.a. act. the central government in exercise of the statutory power under section 55 has framed the rules called the land acquisition (companies) rules referred to ..... in the notice board of the tahasildar and a copy of the same shall also be sent to the gram panchayat or notified area council or municipality, as the case may be, under which the land is situated. as could be seen from the records, no ..... india & anr., air 1982 sc 149; and decisions of the supreme court in janata dal v. h.s. chowdhary, air 1993 sc 892; indian council for enviro-legal action v. union of india & ors., (1996) 5 scc 281; and state of uttaranchal v. balwant singh choufal, (2010) ..... the relevant paragraphs 31 and 32 from the decision of the apex court in the case of babu verghese & ors v. bar council of kerala & ors, reported in air 1999 sc 1281 in support of the legal contention that where a power is given to .....
Tag this Judgment!Court : Orissa
..... for a company is held not mandatory then that would be in contravention of the provisions of part vii of the l.a. act. the central government in exercise of the statutory power under section 55 has framed the rules called the land acquisition (companies) rules referred to ..... in the notice board of the tahasildar and a copy of the same shall also be sent to the gram panchayat or notified area council or municipality, as the case may be, under which the land is situated. as could be seen from the records, no ..... india & anr., air 1982 sc 149; and decisions of the supreme court in janata dal v. h.s. chowdhary, air 1993 sc 892; indian council for enviro-legal action v. union of india & ors., (1996) 5 scc 281; and state of uttaranchal v. balwant singh choufal, (2010) ..... the relevant paragraphs 31 and 32 from the decision of the apex court in the case of babu verghese & ors v. bar council of kerala & ors, reported in air 1999 sc 1281 in support of the legal contention that where a power is given to .....
Tag this Judgment!Court : Allahabad
..... in so far as it has the characteristics of vitamin. this conforms with the description of goods mentioned under heading no.26.36 of the customs tariff act, 1975 and the central excise tariff act, 1985. 48.under the heading no.29.36, vitamin has been defined as under: "vitamins are active agents, usually of complex chemical composition, ..... duty paid thereon, is not final, and it is always subject to statutory control and action under chapter xiii, xiv, xv and xvi of the act. 74.the structure of central excise tariff is based on internationally accepted nomenclature founded in hsn and, therefore, any dispute relating to tariff classification as far as possible, should be resolved ..... c. 30). s.16). the slicing of cooked meats does not amount to "preparation" for the purposes of this section (leeds city council. v dewhurst [1990] crim. l. r. 725). stat. def. food and drugs act 1955 (c.16), s. 135 (1)." 105. reliance placed by respondent's counsel over the judgment of tetragon chemie (supra) with .....
Tag this Judgment!Court : Delhi
..... "17. in consolidated coffee ltd. v. coffee board, bangalore, air 1980 sc 1468, the purpose of the word deemed occurring in section 5(3) of the central sales tax act, 1956 came for consideration. the issue that emanated was whether a legal fiction has been created by use of the word deemed. their lordships noticed that the same word ..... opined that legal fictions are created only for some definite purpose. their lordships referred to the decision rendered in east end dwellings co. ltd. v. finsbury borough council, 1952 ac 109 to highlight that a legal fiction is to be limited to the purpose for which it was created and should not be extended beyond that legitimate ..... effect must be given to the statutory fiction and it should be carried to its logical conclusion." lord asquith, in east end dwellings co. ltd. v. finsbury borough council, 1952 ac 109, had expressed his opinion as follows: "if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from .....
Tag this Judgment!Court : Mumbai
..... of income tax under sub-section (1) of section 4 is on the total income of every person for a previous year at the rate or rates enacted in a central act. under sub section (1) of section 5, in the case of a person who is a resident, the total income of any previous year includes all income from whatever ..... not possible to lay down any rule of general application to all classes of foreign transaction for, to do so would be "nearly impossible and wholly unwise". the privy council held that a person resident in british india, carrying on business there and controlling transactions abroad in the course of such business, was not by these mere facts 31 air ..... suggests to the contrary or something at divergence with the legal character assumed by them, the law respects their autonomy.57. over six decades ago, in 1940, the privy council in bank of chettinad ltd vs. c.i.t.,1 observed thus:"their lordships think it necessary once more, to protest against the suggestion that in revenue cases, 'the .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... . employment of the contract labour was prohibited by issuance of notification on 17.3.1993. the committee which was constituted under clra act consisted of 17 members, 7 representatives of all central trade unions, 7 representatives of various managements, 3 representatives of the govt. of india and the president. the committee after examining various ..... that expression, the answer to the question referred to above, has to be found in clause (a) of section 2 of the industrial disputes act; if (i) the concerned central government company/undertaking or any undertaking is included therein eo nomine, or (ii) any industry is carried on (a) by or under the ..... the notification dated 17.3.93 was issued without proper application of mind under section 10(2) of the clra act by the government and the committee especially constituted for the purpose. the central government is not an appropriate government with respect to transportation on public roads. m/s eastern mineral trading agency working .....
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