Court : Gujarat
Decided on : Apr-23-1993
Reported in : 1993CriLJ3473; (1993)1GLR905
..... without the accused being committed to it for trial.'section 36-d. transitional provisions.- (1) any offence committed under this act on or after the commencement of the narcotic drugs and psychotropic substances (amendment) act, 1988 until a special court is constituted under section 36, shall, notwithstanding anything contained in the code of criminal procedure, 1973 ..... contained in the code. it may also be noticed that section 4(2) of the code specifically states that all offences under any law other than indian penal code shall be investigated, enquired into, tried and otherwise dealt with according to the same provisions, but subject to any enactment for the time-bring ..... in this context, section 4 of 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, tried and otherwise dealt with according to the provision hereinafter contained.(2 .....
Tag this Judgment!Court : Gujarat
Decided on : Aug-26-1993
Reported in : (1994)1GLR296
..... of karnataka was dealing with the question as to whether the provisions of sac. 5 of the limitation act, 1963 can be invoked to condone the delay in filing an application for reference under section 18 of the act, as amended by karnataka amendment act of 1961. there was an attempt to bring into play the provisions of section 29(2) of ..... learned judges of the apex court were asked to deal with the question as to whether article 137 of the limitation act, 1963 would apply to a petition before the district judge under section 16(g) of the indian telegraph act, 1885 to enhanced compensation. there was a reference to the view taken by the two learned judges of the ..... had sufficient cause for not preferring the application. it seems to us that the scheme of the indian limitation act is that it only deals with applications to courts, and that the labour court is not a court within the indian limitation act, 1963. xx xx xxthe learned judges did not deem it necessary to express their views as to .....
Tag this Judgment!Court : Rajasthan
Decided on : May-05-1993
Reported in : 1994CriLJ50; 1993(2)WLC78
..... . ...for all the aforesaid reasons we hold that the powers of the high court to grant bail under section 439 are subject to the limitations contained in the amended section 37 of the ndps act and the restrictions placed on the powers of the court under the said section are applicable to the high court also in the matter of granting bail. the ..... of challan after expiry of 90 days does not curtail right of the accused to be released on bail. this case was decided on 28-4-89, prior to the amendment of sections 36a and 37 which came into force on 29-5-1989 and also prior to the decision of narcotics control bureau's case (supra) and therefore, heera ram ..... section 36a the special court has powers to exercise its jurisdiction as provided under section 167 of the code of criminal procedure. it has also been observed that under the act bail can be granted only on the grounds mentioned under section 37, sub-section (1) and subject to such limitation as may have been under the code of criminal .....
Tag this Judgment!Court : Chennai
Decided on : Apr-20-1993
Reported in : [1995]84CompCas559(Mad)
..... k. parasaran, learned senior counsel for the plaintiff, submits that the minutes constitute the succession plan of rng and that the said plan was implemented by amending the articles, interlocking the rights and interests of the plaintiff and the sixth defendant, and making rng supreme till his life time. in any event, ..... short 'npbs'), four other newspaper companies and six other persons. the suit is primarily concerned with the validity of a board meeting of the second defendant/indian express, bombay limited, bombay, held on january 23, 1991, and certain resolutions for appointing additional directors. the plaintiff/applicant also prays for declaration and ..... mrs. saroj goenka and the sixth respondent/sixth defendant to be appointed as joint representatives of the respondent/defendant companies under section 187 of the companies act. 13. a common affidavit has been filed in all the above applications : according to the applicant/plaintiff, in furtherance of conspiracy, the alleged board .....
Tag this Judgment!Court : Chennai
Decided on : Sep-23-1993
Reported in : 1994(70)ELT547(Mad)
..... -1-1992 and the period of six months expired on 16-6-1992. as against this, the contention of the petitioner is that the licence was amended and the amended copy was received by the petitioner on 11-11-1992 and the petitioner filed the application on 12-5-1993 for vetting the bank guarantee and legal ..... , it is for this reason that the parliament has, through chapter note (2), vested the power to define the expressions occurring in chapter 98 in the board'. in indian dyestuff industries limited v. union of india : 1991ecr771(bombay) , an argument was advanced that one of the conditions imposed by a notification was not fulfilled, but the ..... the policy. in inviting the court to adopt an interpretation in favour of the petitioners learned counsel raises the following points :- (1) section 25 of the customs act, 1962 enables the government to grant exemption from duty. notification no. 160 of 1992 issued under the said section 25 says that the central government exempts capital goods .....
Tag this Judgment!Court : Chennai
Decided on : Mar-31-1993
Reported in : 1993(42)ECC266
..... the plea of promissory estoppel should not be extended to such areas.though executive necessity is not always a good defence, this doctrine cannot be extended to legislative acts or to acts prohibited by the statute, (vide para 12).24. the statement of law found in the above passage does not help the respondents in the present case. ..... the government from carrying out the mandates of parliament. parliament is supreme and the executive government cannot estop itself from discharging the obligations imposed upon it by act of parliament. nor can the government do something or be compelled to do something which is prohibited by statute or which is opposed to obvious legislative policy. ..... the value given against each item. thus the licence as amended mentioned only the total value cif of rs. 4,28,571/-. the petitioner applied on 23.9.1992 for opening an irrevocable letter of credit for cif value of rs. 4,27,630/- through the indian overseas bank, sowcarpet, madras, for the purpose of importing .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-15-1993
Reported in : (1994)117CTR(Bom)15; [1994]210ITR648(Bom)
..... business when the unregistered firm has not been assessed. after construing the provisions contained in section 23(5) and the second proviso to section 24 of the indian income-tax act, 1922, this court came to the conclusion that where the income-tax authorities did not proceed to determine the loss incurred by an unregistered firm, a ..... of its partners is intended to be applied to all cases of temporary joint ventures irrespective of whether or not the venture could have been registered under the amended rules.' 7. the commissioner of income-tax (appeals) allowed the appeal and held that the said circular was applicable to the case of the assessee and ..... , however, the joint ventures are continuous and not of short duration, the partners may apply for registration of the partnership before it is dissolved. it is proposed to amend the rules relating to registration with a view to enabling the firm to apply for registration under section 26a before it is actually dissolved. c. b. r. d. .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-13-1993
Reported in : [1995]84CompCas1(Bom); 1994CriLJ1635
..... 409 of the indian penal code. this is very much in the public interest. to quote a parallel, it is not very ..... one sees little difference between this charge and the one under section 409 of the indian penal code. it is in these circumstances that, to my mind, it is very much in the public interest that section 630 of the companies act be amended and that the penalties prescribed be brought on par with those provided for under section ..... aspect, namely, classification, shri sakhardande, through elaborate use of comparative charts and detailed references to the various provisions as also to the indian companies act, 1913, sought to point out that section 630 of the companies act, 1956, came into force with effect from april 1, 1956. in sum and substance, shri sakhardande contends that under the law, .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-22-1993
Reported in : 1994(1)BomCR134; (1993)95BOMLR239
..... without any c.d.c. and they should not be considered now for the issue of a c.d.c. under the merchant shipping act. however, section 102 prior to its amendment in 1984, permitted a seaman who was not a holder of a certificate of discharge or a continuous certificate of discharge issued in india to ..... a company which satisfies the requirements of section 21 which basically requires that a substantial holding in the company should be by indian citizens. sub-section (2) of section 2, however, provides that the act will also apply to other vessels while they are within india including its territorial waters unless there is an express provision to ..... the contrary. in short, the act applies not merely to indian vessels but also to foreign vessels while they are within indian territorial waters.4. the term 'seaman' is defined under section 2(42) to mean 'every person (except a master, pilot .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-18-1993
Reported in : 1994(2)BomCR641
..... submission of the board in this respect. merely because this has been brought down cannot follow that there was nothing before the experts while proposing the amendment to the regulation. in fact, the very experts have considered the present technical developments, innovative methods of teaching and have reduced the age. this shows ..... 4. the principle underlying the guarantee of article 14 is so that the same rules of law should be applicable to all persons within the indian territory or that the same remedies should be made available to them irrespective of differences of circumstances. it only means that all persons similarly circumstanced shall ..... to the social, political or economic needs of our developing nation fostering secular values breaking the barriers of casteism, linguism, religious bigotry and it should act as an instrument of social change. education system should be so devised as to meet these realities of life. education nourishes intellectual advancement to develop dignity .....
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