Court : Supreme Court of India
Decided on : Apr-23-1998
Reported in : 1998IVAD(SC)290; AIR1998SC2322; 1998(1)ALD(Cri)874; 1998(2)ALT(Cri)6; 1998CriLJ3282; 1998(2)Crimes267(SC); JT1998(3)SC436; RLW1998(2)SC294; 1998(3)SCALE232; (1998)4SCC590;
..... act 24 of 1988. by such amendment those sub-sections now read as follows : -'(5) if, in respect of-(i) any case triable by a magistrate as a summons case, the investigation is not concluded within a period of six months, or(ii) any case exclusively triable by a court of session or a case under chapter xviii of the indian ..... the magistrate dismissed the application pointing out that the case was triable only by a special judge under the west bengal criminal law amendment (special court act 1949) (for short 'the special court act 1949') and hence an order stopping investigation and the consequent discharge order under section 167(5) could be passed only by that ..... durgesh chandra saha v. bimal chandra saha and ors., : 1996crilj1137 the situation considered was one relating to section 167(5) of the code as amended by the west bengal act. the two-judge bench held that the consequences envisaged in the sub-section would not befall a case where investigation was completed and charge-sheet was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1998
Reported in : 1998IVAD(SC)185; AIR1998SC1959; JT1998(3)SC297; 1998(3)SCALE209; (1998)5SCC126; [1998]2SCR1065
..... reasons of the amending bill which preceded the said amending act of 1954. it reads as follows:'with a view to secure better utilisation ..... 'normal carrying capacity' and variation of normal carrying capacity. (the corresponding section under the new act, 1989 is section 72).13. the above provisions of old section 53 were the result of the railways (amendment) act, 1954 (act 22 of 1954). the purpose of this section is made clear in the statement of objects and ..... increased carrying capacity so permitted.as however, this practice is not strictly in conformity with the provisions of section 53 of the indian railways act, 1890, the present bill seeks to amend this section suitably to permit loading wagons (when occasion so requires) beyond the marked carrying capacity without exhibiting the enhanced capacity on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-20-1998
Reported in : AIR1998SC2330; 1998(3)ALLMR(SC)640; JT1998(3)SC468; 1998(3)SCALE165; (1998)5SCC310; [1998]2SCR1032
..... on. in relation to litigation regarding vessels the high court having jurisdiction is specified in section 3(15).27. the provisions regarding a limitation action have been reduced to a statutory form in part xa of the merchant shipping act, 1958. part xa was introduced in the merchant shipping act, 1958 by amending act ..... also foreigners. the charterers and sub-managers are also foreign companies. only one out of several managers/sub-managers of ya mawlaya in and indian company. and the only act of management in bombay is said to be the recruitment of the crew. for reasons already stated, this factor alone will not confer ..... , shall apply only while the vessel is in indian territorial waters. there are several sections and/or parts of the merchant shipping act which apply to vessels. e.g. part v of the merchant shipping act, 1958 (sections 20 to 74) deals with registration of indian ships. part viii deals with passenger ships and so .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-1998
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... with clause (12)(a) of section 21 ipc, as amended by the amendment act of 1964, the court observed that a person would be a public ..... ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the ..... bill which was enacted as the anti corruption laws (amendment) act, 1964. the court held that a member of the legislative assembly was not comprehended in the definition of 'public servant' in section 21 ipc and that the amendments introduced in section 21 ipc by the amendment act of 1964 did not bring about any change. while dealing .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-1998
Reported in : 1998IVAD(SC)70; AIR1998SC1767; 1998(3)ALLMR(SC)118; 1998(3)CTC413; (1998)3GLR1862; JT1998(3)SC223; 1998(2)MPLJ1; 1998(II)OLR(SC)70; 1998(2)SCALE772; (1998)4SCC1; [1998]2SCR
..... to a promotional post in the decision in indra sawhney's case, sub article 4a of article 16 has been incorporated by the 77th amendment of the constitution. such amendment clearly reflects the anxiety of the legislature to ensure reservation at all stages of public employment including promotional posts. mr. agrawala has submitted that ..... defence services and in the establishments connected therewith. similarly, in the case of posts at the higher echelons e.g. professors (in education), pilots in indian airlines and air india, scientists and technicians in nuclear and space application, provision for reservation would not be advisable.xxx xxx xxxbe that as it may we ..... a broad and general way, and not in pedantic and technical way. when so construed, matters relating to employment cannot mean merely matters prior to the act of appointment nor can 'appointment to any office' mean merely the initial appointment but must include all matters relating to employment, whether prior or subsequent to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-1998
Reported in : 1998IIIAD(SC)634; AIR1998SC1878; [1998]93CompCas228(SC); JT1998(3)SC178; 1998(2)SCALE714; (1998)4SCC302; [1998]2SCR774
..... may 1985 and was laid up at anchorage. it became liable to pay anchorage and other charges leviable under the provisions of the major port trusts act, 1963 as amended by the major port trust (amendment) act of 1974, and the dock scale of rates framed thereunder by the appellant. in view of the port trust charges which remained unpaid, the appellant ..... -port trust arrested the said vessel in exercise of its rights under section 64 of the major port trust act, 1963. it issued a public notice on 14th of ..... in the case of the emilie million (1905) 2 k.b.817 the court of appeal in england considered a similar provision under section 253 of the mersey dock acts consolidation act, of 1858. it held that the right of the harbour board to cause such vessel to be detained until all such rates have been paid, gives the board .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-1998
Reported in : 1998IVAD(SC)232; AIR1998SC1822; 1998(3)ALT10(SC); JT1998(3)SC171; (1998)IIIMLJ90(SC); 1998(2)SCALE719; (1998)4SCC317; [1998]2SCR784; 1998(1)LC686(SC)
..... arora enterprises, the original agreement holder, took out fresh chamber summons in an original suit (no. 133/89) filed by it in the year 1989 praying to amend the plaint by deleting the name of indubhushan and to add his legal heirs. it was the contention of arora enterprises that the order of annulment wipes out the ..... the appointed date as contemplated by the debt relief act. since all other conditions were satisfied, the authority was justified in ordering the extinguishment of the debt. on that view, the writ petition filed by the appellant ..... reported in kumaran & ors. v. cheriyambadorn ayidru & ors., : air1969ker211 . ultimately the division bench held that the view taken by the authority under the debt relief act cannot be faulted and ex.42 (sale deed) was non est in the eye of law and consequently the position occupied by the parties as debtor and creditor continued till .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-01-1998
Reported in : 1998IVAD(SC)163; AIR1998SC1715; JT1998(3)SC84; 1998(2)SCALE603; (1998)4SCC470; [1998]2SCR620; 1998(1)LC595(SC)
..... these conditions shall be read and construed as being subject in all respects to the provisions of the indian electricity act, 1910, indian electricity rules, 1956 and the electricity (supply) act, 1948 in force and as amended from time to time and to the provisions of any other law relating to the supply of ..... rs. 61,28,535/-. a prosecution was launched under section 379 i.p.c. read with section 39 of the indian electricity act, 1910, hereinafter referred to as the electricity act in the court of the chief metropolitan magistrate, hyderabad. the board also initiated proceedings calling upon the appellant to file ..... electricity for the time being in force and nothing herein above contained in these conditions shall abridge or prejudice the rights of the board and the consumer under any central act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-1998
Reported in : 1998IVAD(SC)411; AIR1998SC1666; (1998)146CTR(SC)222; [1998]231ITR148(SC); JT1998(2)SC717; 1998(2)SCALE516; (1998)4SCC552; [1998]2SCR501
..... expert in the particular branch of the law.(3) no doubt that 'professional services' have been brought within the scope of section 80-0 only by an amendment by the finance (no. 2) act, 1991 and that too, with effect from april 1, 1992, which is proposing to substitute the word 'technical or professional services' in place of the ..... hotel. section 80-0 was enacted with the twin objects of encouraging the export of indian technical know-how and augmentation of foreign exchange resources of the country. we have seen above that after the amendment of section 80-0 by finance (no. 2 act of 1991) the words 'technical or professional services' have been inserted in place of ..... january 6, 1972 which dealt with the scope and effect of amendment of section 80-0 which was substituted in place of earlier one by finance (no. 2) act, 1971 w.e.f. april 1, 1972. according to this circular, the objective of this provision is to encourage indian companies to develop technical know-how and make it available to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-26-1998
Reported in : AIR1998SC1639; JT1998(2)SC674; 1998(2)SCALE497; (1998)4SCC49; [1998]2SCR470; 1998(1)LC581(SC)
..... may, within one year from the date of his retirement or within a period of one year from the date of commencement of the delhi rent control (amendment) act, 1988 whichever is later apply to the controller for recovering the immediate possession of such premises.(2) where the landlord is an employee of the central government or ..... the union territory of delhi, a residential accommodation either in his own name or in the name of his wife and dependent child.12. the act was further amended by the delhi rent control (amendment) act, 1988 (57 of 1988) with effect from 5.10.1988 when three new sections, namely, section 14b, 14c & 14d were introduced in the ..... rent controller for eviction of the tenants for their personal bona fide requirements.11. by the delhi control (amendment) act, 1976 (18 of 1976), which came into force with effect from 1.12.1975, section 14a was introduced in the act which gave special rights, to recover immediate possession, to a landlord who, being a person in occupation .....
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