Court : Mumbai
Decided on : Feb-06-2014
..... the affairs of the society. thus, the learned counsel further submitted that the offence of demand of capitation fee is bailable as per the amended section 7aa. however, even under section 7 of the act, if at all the collection of fees is a non-bailable offence, the amount is not distributed or spent but it is kept intact. ..... the bkc police station and one by the azad maidan police station. it is further submitted that the three cases are lodged against him under section 500 of the indian penal code. it is further submitted that therefore, the applicant/accused is not to be given anticipatory bail. 9. the applicant/accused is charged for the offence punishable ..... of the punishment and exceptionally in very few penalising sections, minimum punishment is stated. therefore, like sections 376(2) of indian penal code stating punishment of not less than 10 years; section 7 of the capitation fee act puts bar to award punishment of less than one year if a person is convicted. yet, it is not an offence .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-04-2014
..... deciding this issue that the supreme court, after examining the rival contentions as well as the statements and objects and reasons of the amending act 103 of 1976 by which section 5(3) of the cst act was added, held as under:- 26. when we analyze all these decisions in the light of the statement of objects and reasons ..... of title to the goods after the goods have crossed the customs frontiers of india. as the section originally stood prior to its amendment in 1976 and thereafter in 2005, the sale by an indian exporter from india to the foreign importer, alone qualified as the sale which had occasioned the export of the goods. according to the ..... exported to whom the goods are sold in a prescribed form obtained from the prescribed authority. (5) notwithstanding anything contained in sub-section (1), if any designated indian carrier purchases aviation turbine fuel for the purposes of its international flight, such purchase shall be deemed to take place in the course of the export of goods out .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-22-2014
..... such information from service providers. it is only in the above light that suggestions were made to specifically confer that power on sebi by proposing to amend section 5(2) of the indian telegraph act, 1885 by empowering sebi to exercise powers referred to in the said provision and have access to cdrs. however, no such ..... amendment has been made nor has sebi been included in the list of authorities upon whom such powers are conferred under section 5(2) of the telegraph act. it is therefore vehemently submitted that sebi is acting ..... any cdrs and/or information regarding tower location. 21. we also make it clear that we are rendering this decision in light of the provisions of the sebi act as amended by ordinances issued by president of india on 16 july 2013, 16 september 2013 and 28 march 2014. 22. if any cdrs or information regarding tower location .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-03-2014
..... there notice was given by a local board of health of intention to make a rate under the public health act, 1848, and amending acts. before the notice had expired these acts were repealed by the public health act, 1875, which contained a saving of "anything duly done" under the repealed enactments and gave power to make ..... 3. chapter iii-b, pertaining to imposition of ceiling on agricultural holdings, in the state of rajasthan, was introduced into the '1955 act' by the rajasthan tenancy (amendment) act, 1960. as a sequential necessity section was amended by the introduction in it of clause (6a) which defined "ceilingarea". the notified-date, as originally fixed, was 1.4.1965 ..... of the indo-french agreement the government of india made the order under the foreign jurisdiction act applying the indian laws to pondicherry. the effect of that order was that the french laws were repealed by the application of the indian laws in the same field occupied by the french laws subject to a saving clause. .....
Tag this Judgment!Court : Mumbai Nagpur
Decided on : Mar-20-2014
..... penal statutes of the states in u. s. a. framed after furman v. georgia, in general, and clauses 2 (a), (b), (c), and (d) of the indian penal code (amendment) bill passed in 1978 by the rajya sabha, in particular, dr. chitale has suggested these "aggravating circumstances" : "aggravating circumstances : a court may, however, in the following ..... of death sentence is concerned, the learned public prosecutor submits that the accused persons, with ill motive of causing terror in the society, have committed drastic act of kidnapping the deceased from her home, and when she tried to save her and sought shelter in her uncles home, they forcibly took her to the ..... some boys tried to rescue kanchan and the police station was informed about the incident by telephone. the first informant and the villagers were frightened due to said act of rakesh and his accomplice since they were armed with deadly weapon. therefore, villagers could not dare to rescue kanchan. on gathering information as to who .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-05-2014
..... petitioner can raise is whether the aerial distance certificate granted by the commissioner of sugar on 2 july 2011 suffered from any infirmity on account of subsequent amendment dated 3 december 2011 to sugarcane (control) order, 1966 raising minimum distance from 15 kilometers to 25 kilometers. the said contention has already been examined ..... people. a copy of the invitation card and the news paper reports/photographs covering the inauguration ceremony are produced at exhibit-e collectively; (vi) the boilers of respondent no.5 company had become operational on 25 september 2014 and the manufacturing unit for sugar was already fired for crushing of the sugar cane ..... prospectively or retrospectively. 16. on 10th november, 2006 the central government exercising powers under section 3 of the essential commodities act, 1955 passed an order [called the sugarcane (control) (amendment) order, 2006] by virtue of which clauses 6-a to 6-e were inserted in the sugarcane (control) order, 1966. clauses 6 .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2014
..... therefore a tremendous change even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act and amendment to ipc in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences against children and public outcry in ..... minor girl but also had forcible anal sex with her and also caused serious injuries to her head. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-2014
..... therefore a tremendous change even conceptually is being seen in the legal horizon so far as the punishment is concerned. looking to the new enactments like pcfso act and amendment to ipc in relation to rape which have taken place keeping in mind the rising graph of sexual offences and especially of sexual offences against children and public outcry in ..... minor girl but also had forcible anal sex with her and also caused serious injuries to her head. would the society not expect such depraved act to be dealt with in a stern manner? we also cannot ignore the recent amendments in the indian penal code on account of huge public hue and cry that arose on account of dastardly ..... act in the heinous and gruesome rape and murder of nirbhaya. the amendment as a matter of fact echo's the sentiments of the society at large. the .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-2014
..... 3b of the slum act can be framed either by the state government or by sra with the prior approval of the state government. referring to d.c. ..... prior to and subsequent to the amendment was noticed thereafter and it was held that a general scheme under section ..... . collector and ors.) the division bench analysed the scheme of the slum act and particularly chapter 1a of the same and, thereaftger, referred to both section 3b and 3c and held that the amendments made by maharashtra act 6 of 1997 to section 3c(1) of the slum act was not brought to the notice of the learned single judge. the position .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Nov-15-2014
..... cannot sustain. if one goes through the scheme of the special legislation and goes through different chapters it can be said that chapter vi of the act is made for giving provisions for registration of genetic counseling centres, genetic laboratories and genetic clinics. under this chapter there are provisions made for following the ..... against the petitioner for offences punishable under sections 3 and 18 of the pre-conception and pre-natal diagnostic techniques (prohibition of sex selection) act, 1994, (for short, "the act"). this order was challenged by filing criminal revision application no.30/2013 by the petitioner and the learned additional sessions judge kopargaon has dismissed the ..... and as the incident in question took place in the 2007, the amended provision cannot be applied in this case. even if this contention is accepted that cannot help the present petitioner. 6. if the provision of section 3 of the act is seen, it becomes clear that person who has obtained registration is .....
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