Court : Mumbai
Decided on : Nov-02-1998
Reported in : 1999(5)BomCR146
..... 29th january, 1998 detaining the prisoner by virtue of section 3(1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 as amended 1996 and r/w government order no. dds-1397/1/ spl-3(b) dated 12th december, 1971 impugned the same for want of regularity and propriety. the ..... a complaint of abbas gulam momin to dharavi police station was registered under c.r. no. 568 of 1997 for the offence under section 387 and 34 of the indian penal code, which was followed by arrest of the detenu on 1-11-1997 and he has admitted his above said complicity. consequently, a knife also was recovered ..... the order of detention by virtue of clause 1 of section 3 of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act as amended up to day, r/w. article 226 of the constitution of india by passing the impugned order which order alongwith the grounds has been served upon the .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-15-1998
Reported in : 1999(2)ALLMR149; 1999(1)BomCR305; 1999(1)MhLj473
..... very elaborately and thoroughly.'12. in southern pharmaceuticals & chemicals v. state of kerala : [1982]1scr519 , the supreme court had considered the constitutional validity of certain provisions of kerala abkari (amendment) act, 1967 and kerala rectified spirit rules, 1972. in that, case, the appellants by virtue of licence in form 25 granted under the drugs and cosmetics ..... expression 'intoxicating liquors', in entry 8 of list 11 means and refers to only potable liquors and that the portability is determined by the standards specified by i.s.i. (indian standard institute), i.e., alcohol content not exceeding 43% v/v. entry 51 of list ii was also similarly held limited to potable liquors. the power of the states ..... with it, it becomes country liquor and is sold and taxed as such by the state. further it can also be used as a raw material for producing indian made foreign liquors (imfls.), wines, rum, etc. it was also held by the allahabad high court that by virtue of enactment of the i.d.r .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-14-1998
Reported in : 1999(5)BomCR135; 1999CriLJ748
..... made by the bar for the petitioner that the category of the detenu under the amended act of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (no. iv of 1981 amendment 1996) has not been adverted to. non-categorising of the detenu in the order of ..... within the meaning of section 2(b-1) of the maharashtra prevention of dangerous activities of slumlords; bootleggers, drug offenders and dangerous persons act, 1981 (as amended 1996) as you are engaged and habitually involved in criminal activities and assaulting police which affects adversely or likely to affect adversely the maintenance ..... of section 2(b-1) of the maharashtra prevention of dangerous activities of slumlords, bootteggers, drug offenders and dangerous persons act, 1981 (as amended 1996) (hereinafter referred to as 'the act') has passed the impugned detention order against the detenu which along with the annexures mentioned above were served on the detenu .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Sep-30-1998
Reported in : (1999)70ITD304(Mum.)
..... the assessment year 1990-91 when the law was different and the tribunal in that case was dealing with section 11(4a) prior to its amendment with effect from 1-4-92. moreover, according to him, several cases now cited before us were not cited before the tribunal in ..... 4a) of section 11 with effect from 1-4-92 would not have any adverse effect on the assessee's case. he submitted that the amended sub-section is more liberal than the erstwhile sub-section (4a). according to him, the word "incidental" has a wider scope because an ..... activity like educational institutions, library etc., on a purely commercial basis and not on the marginal no profit no loss basis as laid down in indian chamber of commerce v. cit [1975] 101 itr 796 (sc). the hon'ble court observed : "this error is obvious." he emphasised that ..... 1. the assessee in this case is a company registered under section 25 of the indian companies act, 1956, and hence it was not required to put the words "limited" after its name. the company .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-21-1998
Reported in : 1998(5)BomCR783; (1998)2BOMLR114
..... approver, there should be necessarily a double examination. the provisions of section 307, cr.p.c. as well as those under section 8(2) of the criminal law amendment act, 1952, are there to show that whenever the statements are made when the witnesses are examined by the highest possible court, there is no reason for a double examination ..... if by enacting sub-section (2-b) in 1955 the legislature sought to curb the power given to the special judge by section 8(1) of the criminal law amendment act, 1952, there is no reason why the legislature should not have expressed its intention clearly. also, the fact that the approver's evidence cannot be tested against any ..... the prosecution can file the charge-sheet either in the court of a competent magistrate or before the special judge who under section 8(1) of the criminal law amendment act, 1952 has power to take cognizance of the offence without the accused being committed to him for trial. it follows that if the magistrate takes cognizance of the .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-07-1998
Reported in : 1999(2)ALLMR129; 1998(4)BomCR849
..... publication if there are urgent circumstances so warranting that the amended bye-laws be brought into force. sebi has already granted approval to the bye-laws framed by the bombay stock exchange.23. there is no express ..... in the absence of a statutory provision be implied. the legislature has by section 46 of the arbitration act expressly excluded from the operation of section 37 statutory arbitration and if notwithstanding that express exclusion the provisions of the indian limitation act are applied, the court would in effect be rendering the exclusion clause ineffective.'15. a perusal of all ..... modify the bye-laws to bring it in terms of the provisions of arbitration & conciliation act, 1996. that by itself is not an answer to the issues which were involved here as parties sometimes may out of abundant caution also carry out amendments. section 9 itself confers power of sebi in the interest of trade to dispense with .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-31-1998
Reported in : 1999CriLJ196
..... the case against his wife mild.but this version has been contradicted by the witness at a later stage saying that the bribe was to be paid for approving the amended draft pamphlet. this fact is not mentioned in the f.i.r. exh. 28. this contention coupled with admissions made by the complainant in para 215 of his deposition ..... 7-7-77 to 27-7-77. they had a detail discussion about the contents of the draft and respondent no. 1 asked them to submit the amended draft and exh. 33 is the amended draft and exh. 32 is the covering letter of the draft. it is come out in evidence that the respondent no. 1 then asked the complainant to ..... in his official capacity and in consideration whereof he was demanding the amount of rs. 500/-. unless the tacit agreement as envisaged in sections 162, ipc and 5(1) of prevention of corruption act, 1947 to do an act in consideration of the bribe, has been proved by circumstantial evidence. mere acceptance of an amount, even through trap, will not be sufficient to .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-29-1998
Reported in : 1999(5)BomCR828; 1999CriLJ333
..... an encounter by the police subsequently. thus, the three cases relied in the grounds of detention would reveal that the detenu is a dangerous person as defined by the amended act and whose activities are prejudicial to general public order by causing terror, harm and constant fear and that having considered the same in the said context, he has ..... charged in the above grounds of detention which pertain to offences under section 302 r/w 120-b, 324, 143, 386, 364, 342, 506(ii) of the indian penal code and thereby caused apprehension in the minds of the citizens. he has arrived at the subjective satisfaction that the detenu has potentiality and propensity to indulge or to ..... alias vakil was co-accused in one earlier case of byculla police station registered vide c.r. no. 609/88 under section 302 read with 34 of the indian penal code (the murder case of shri satish raje) and the above facts collected would clearly indicate that deceased ganesh shankar bhosle alias vakil was the close associate .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-29-1998
Reported in : 1999(1)BomCR32; (1999)1BOMLR399; 1998(3)MhLj545
..... the form of leave and licence agreement and subsequent developments to contend that the first petitioner company would not be entitled to claim protection of the amended provisions of the rent act.10. the learned trial judge by his order dated 31st october, 1988 upheld the petitioner's objection on the question of jurisdiction. it was ..... , (supra) the co-operative court will have no jurisdiction to entertain the dispute since the second petitioner firm was protected in view of the amendment to the provisions of the rent act. in the result, the petitioner's application dated 28th september, 1988 was allowed and it was held that the dispute filed by the respondents ..... , 1978 written statement was filed wherein it was contended that the premises were given on leave and licence basis and in view of the amendment to the provisions of the rent act, occupants of the said flat-the petitioners were entitled to be treated as 'deemed tenants'. it was contended that initially the dispute was filed .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-14-1998
Reported in : 1999(1)ALLMR126; 1999(2)BomCR771; (1998)3BOMLR228
..... had obtained consent from andhra bank and andhra bank financial services limited and also from canbank mutual fund, who had issued the units and who had right to amend the rules, then there could have been no illegality. he submits that it is only because the accused, not being guided properly foolishly did not comply with ..... that account proceeds of fictitious bills were credited and cleared. the question was whether that officer was guilty of offences under the prevention of corruption act and under section 420 of the indian penal code. the supreme court held that the mere circumstances of his having introduced the account was not sufficient to show any dishonest intention. the ..... order to ensure that the accused were not put to an disadvantage. the accused had claimed that they had not properly understood the charge. the amendment was made to assist the accused in understanding the charge properly. after that the accused were given liberty and opportunity to recall and cross-examine any .....
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