Court : Madhya Pradesh
Decided on : Jan-16-1998
Reported in : 1998CriLJ3915
..... v. kishanlal 1991 cri lj 654 : air 1991 sc 558, considered the scope and effect of section and observed in para 6 thus :section 37 as amended starts with a non obstante clausestating that notwithstanding anything contained in the code of criminal procedure, 1973 no person accused of an offence prescribed therein shall be released ..... to quote section 20 and section 37 of the ndps act20. punishment for contravention in relation to cannabis plant flnd cannabis.- whoever, in contravention of any provision of this act or any rule or order made/or condition of licence granted thereunder,-(a) cultivates any cannabis plant; or(b) produces, manufactures, possesses, sells, purchases, trans/ports ..... between section 439, cr.p.c. and section 37 of the ndps act, section 37 prevails. in this context section 4, cr.p.c. may be noted which reads thus :4. trial of offences under the indian penal code and other laws- (1) all offences under the indian penal code (45 of 1860) shall be investigated, inquired into, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-16-1998
Reported in : (1998)118PLR602
..... lease of the petitioner has remained alive on account of interim orders passed by the concerned authorities and this court. during these twenty years a number of amendments have taken place and some minor violations of the building rules have been ordered to be compounded. therefore, it is a fit case in which one opportunity ..... . in view of this decision we do not find any justifiable ground to interfere with the exercise of the powers by the concerned authorities under the act of 1952. however, we cannot also ignore the fact that the proceedings initiated against the petitioner remained pending for a period of almost one decade and the ..... .l.r. 250 (s.c.), their lordships of the supreme court upheld the constitutional validity of section 8-a of the capital of punjab (development & regulation) act, 1952 and also the action initiated by the administration of chandigarh for cancellation of the lease etc. on account of violation of the conditions of allotment and building regulations .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-15-1998
Reported in : 1998IAD(SC)385; AIR1998SC831; 1998(1)ALD(Cri)323; 1998(1)ALLMR(SC)705; [1998]91CompCas895(SC); (1998)2CompLJ217(SC); 1998CriLJ1111; JT1998(1)SC111; 1998(1)SCALE95; (1998)2S
..... to be noted. sub-section (1) thereof lays down that 'on and from the commencement of the special court (trial of offences relation to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction powers and authority as were exercisable, immediately before such commencement by any civil court in relation to any matter ..... an architect by profession. that accused is the son of his brother, that is, his nephew. he filed a criminal complaint under section 409 of the indian penal code ('ipc' for short). we will refer to the respondent as the complainant and the appellant as the accused in the latter part of this judgment. the complainant's ..... that as the appellant - accused is not a notified person as per section 3 sub-section (2) of the act the special court will have no jurisdiction to try him for the offence under section 409 of ipc but it is the regular criminal court which can try such an offender.rival contentions9. learned senior counsel, shri raju .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-14-1998
Reported in : (1998)118PLR784
..... the owner, no other particulars of the mortgage were mentioned; it was held that it did not amount to acknowledgment within the meaning of section 19 of the indian limitation act, 1908. the facts of this case are also distinguishable inasmuch as all the requirements regarding a valid acknowledgment were not fulfilled. 9. in smt. bachint kaur ..... land as mortgagee thereof. similar averments were found in a plaint, a sale deed and a deed of sub-mortgage. after examining section 19(1) of the indian limitation act, 1908, it was held that the said section required -(i) an admission or acknowledgment, (ii) that such acknowledgment must be in respect of a liability, ..... 1/2 of the land made through sardara singh constitutes a valid acknowledgment of the mortgage thereby extending the period of limitation under section 18 of the limitation act, 1963. section 18(1) reads as under :-'effect of acknowledgment in writing:-(1) where, before the expiration of the prescribed period for a suit or application .....
Tag this Judgment!Court : Orissa
Decided on : Jan-12-1998
Reported in : 85(1998)CLT240
..... raise objection. but these general principles are not applicable if application of those principles are restricted by appropriate legislation.7. before the civil procedure (amendment) act, 1976 section 21 of the c.p.c. contained only one clause regulating objection relating to territorial jurisdiction. thus the general principles relating to ..... executing court at the earliest possible opportunity, and unless there has teen a consequent failure of justice.' after the said amendment of section 21 by the civil procedure (amendment) act, 1976 me general principles relating to governing the field of absence of jurisdiction, the manner and stage of raising such ..... the suit was filed on march 18, 1960 portuguese civil procedure code (in short 'portuguese code') was in operation. after liberation of goa, daman and diu, indian civil procedure code was extended to the territories of goa, daman and diu with effect from june 15, 1966 and corresponding provisions of portuguese code stood repealed from .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-12-1998
Reported in : 1999(2)KarLJ555
..... sanctions, it has also got power to amend it by addition etc., therein, as well as it has got power to rescind ..... nature of administrative order. section 21 of the karnataka general clauses act, provides power to make an order includes power to add, to amend, vary or rescind the order. section 21 of the karnataka general clauses act, 1899 reads:'21. power to make order includes power to add, to amend, vary or rescind notifications, orders, rules or bye-laws.-where, ..... and subject to like sanction and conditions if any, to add, to amend, vary or rescind any notifications, orders, rules or bye-laws so issued'.10. in view of section 21 of the karnataka general clauses act, 1899, read with section 32 of the bangalore development authority act, 1976, it can be said that the layout plan once bda, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-12-1998
Reported in : II(1998)DMC33
..... and reiterating the averments made in his petition .6. during the pendency of this divorce petition, husband filed an application under order 6, rule 17, civil procedure code for amending his divorce petition which was allowed vide order dated 4.12.1995. thus, he deleted the averments made earlier in his divorce petition about his wife having illicit ..... the ground of cruelty and desertion which was declined by the matrimonial court. husband filed three divorce petitions and two petitions under section 9 of the hindu marriage act, but failed in all such petitions. he levelled allegations against the wife that by filing a petition under section 125, code of criminal procedure, as well ..... judge, chandigarh dismissed the divorce petition on 2.2.1991 .3. on 10.10.1991 the appellant-husband filed another divorce petition under section 13 of the act on the ground of desertion. in this petition, he alleged that after marriage for 20 days respondent-wife lived with him in his house at chandigarh. as .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-1998
Reported in : [2001]247ITR521(Mad)
..... passed by it.9. originally, the income derived from land held under trust for charitable or religious purposes was exempt from tax by the act. such an exemption enured to the benefit of the said trust till the amendment act 4 of 1973. the said amendment act came into force with effect from april 1, 1972, which introduced clause (b) of section 4 of the ..... , that is to say- (1) 'agricultural income' means agricultural income as defined for the purposes of the enactments relating to indian income-tax . . .'under section 2(1a) of the income-tax act, 'agricultural income' is defined. the said definition, it appears, underwent amendments on many occasions. there is no need or necessity, we rather feel, to extract the definition of 'agricultural income' as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jan-08-1998
Reported in : (1998)118PLR791
..... the jurisdiction of the labour court, industrial tribunal or the national tribunal to interfere with the findings of guilt and the quantum of punishment awarded by the management in indian iron and steel co. ltd. v. their workmen, (1958-i-llj-260). the supreme court discussed the nature of jurisdiction exercised by the industrial tribunal while ..... 11-a was added. the statement of objects and reasons set out in the bill introducing section 11-a of the industrial disputes act read as under : 'in indian iron and steel company ltd. v. their workmen, (1958-i-llj-260), the supreme court while considering the tribunal's power to interfere with the management' ..... s decision to dismiss, discharge or terminate the service of a workman, has observed that in case of dismissal on misconduct, the tribunal does not act as a court .....
Tag this Judgment!Court : Chennai
Decided on : Jan-08-1998
Reported in : 1999(1)ALD(Cri)224; 1998CriLJ1762
..... bail after the said period is over. this was challenged before the supreme court. it is relevant to note in that case, that there was an amendment in section 438, cr.p.c. made by the government of maharashtra introducing the provision for interim anticipatory bail. so, in the said context, the ..... the accusation survives till the conclusion of trial.128. what is meant by accusation? according to the shorter oxford english dictionary, the word 'accusation' means, 'the act of accusing, or the being accused, the charge, or the declaration containing it, an indictment.'129. according to the websters encyclopaedic 'unabridged dictionary, the word 'accusation ..... ' means:a charge of wrong doing, imputation of guilt or blame, the specific offence charged; the act of accusing or charging. 130. the word 'accusation' is defined in the law dictionary as 'a charge against a person or corporation: 'in its broadest sense .....
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