Judgment Search Results Home > Cases Phrase: indian forest west bengal amendment act 1981 Court: supreme court of india Page 6 of about 4,201 results (0.185 seconds)

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... book constitutional law of india and also the meaning that has been given in the australian federal constitutional law by colin howard, it is clear and apparent that where any term has been used in the act which per se seems to be without jurisdiction but can be read down in order to make it constitutionally valid by separating and excluding the part which is invalid or by interpreting the word in such a fashion in order to make it constitutionally valid and ..... the state lotteries are not penal offence, which has been understood and recognised so since 1870 when section 294a, ipc was brought into the indian penal code, 1860, this distinction has also been recognised even in the government of india act, 1935 where the state lotteries have been separately place under entry 48, list i but other form of lotteries were placed under entry 34, list ii, and the same continues ..... he also referred to the amendment brought in the indian penal code through act 27 of 1870 (section 10) by introducing section 294a. ..... reliance was placed on the case of state of west bengal v. ..... further, section 5 is capable of being exercised arbitrarily, state of west bengal v. ..... , the purpose thereof, the surrounding circumstances and conditions, the mischief which it intended to suppress, the remedy for the disease which the legislature resolved to cure and the true reason for the remedy; bengal immunity company v. ..... this rule has been accepted by this court in, bengal immunity co. v. .....

State of West Bengal Vs. Rashmoy Das and ors.

Court : Supreme Court of India

Reported in : AIR2000SC228; 2000(1)ALD(Cri)9; 2000(67)ECC211; JT1999(9)SC337; 1999(7)SCALE293; (2000)1SCC76; [1999]Supp5SCR80

..... the second was that under section 167(5) of the crpc (west bengal amendment) an order of the magistrate was necessary for continuing the investigation beyond six months from the date ..... the high court interfered with that order and observed thus:the bar therefore to the institution of the proceedings without a previous sanction as enjoined under section 92 of bengal act v of 1909 relates only to a prosecution instituted after six months but if and when the same is instituted within six months, no such sanction would be necessary ..... the situation was that the magistrate passed an order discharging the accused in a prosecution for certain offences under the act on the premise that no magistrate could take cognizance of the offence as the initial period of six months had already ..... respect of anything done or alleged to have been done, in pursuance of this act, and except with the previous sanction of the state government, no magistrate shall take cognizance of any charge made against any excise officer under this act or any other law relating to the excise revenue, or made against any other person under this act, unless the suit of prosecution is instituted within six months after the date of ..... on behalf of the respondents it was submitted before the high court, inter alia, that as per the provisions of the act the magistrate had no authority to extend the time of filing the police report and that steps should have been initiated for securing sanction within the period of six months from .....

Mohammed Ajmal Mohammad Amir Kasab Alias Abu Mujahid and Others Vs. St ...

Court : Supreme Court of India

Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553

..... by the constitution to a person accused of committing a criminal offence were comprehensively translated into the statutory scheme framed by parliament; and that the relevant provisions of the criminal procedure code, 1973, and the indian evidence act, 1872, were crafted in such a way as to translate the constitutional promises to the accused into reality and to ensure that the rights, privileges and protections given to the accused are, in ..... any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter ..... it was held that the right to have counsel present at the interrogation was indispensable to the protection of the vth amendment privilege against self-incrimination and to ensure that the right to choose between silence and speech remains unfettered throughout the interrogation ..... . basu v state of west bengal [(1997) 1 scc 416], were in complete harmony with the observations of this court in nandini satpathy as ..... . as noted in khatri (ii) as far back as in 1981, a person arrested needs a lawyer at the stage of his first production before the magistrate, to resist remand to ..... state of bihar [(1981) 1 scc 627] relating to the .....

Association of Medical Super Speciality Aspirants and Residents Vs. Un ...

Court : Supreme Court of India

..... none of the fundamental rights under articles 14, 19 and 21 were violated as the appellants chose to be admitted in government colleges in the state of west bengal without any protest or demur, and they cannot be permitted to assail the conditions on their admissions at the fag end of their courses. ..... calcutta high court: as stated above, the division bench of the calcutta high court was concerned with two notifications dated 31.07.2013 5 and 10.09.2014 issued by the government of west bengal imposing a condition of compulsory service in the state of west bengal for admission to post-graduate and super speciality courses in government medical colleges in the state. ..... writ petition (civil) no.946 of 2018 is filed challenging the notification dated 10.06.2014 issued by the government of west bengal by which every post-graduate trainee was directed to execute an indemnity bond to serve the state government for a period of three years after successful completion of post- doctoral/md/ms course ..... by opening government hospitals and health centers, but in order to make it meaningful, it has to be within the reach of its people, as far as possible, to reduce the queue of waiting 19 (1981) 1 scc24631 lists, and it has to provide all facilities to employ best of talents and tone up its administration to give effective contribution, which is also the duty of the government20.26. ..... of the indian contract act, 1872 apart from being barred by section 14 of the specific relief act, 1963. ..... amendment .....

Smt. Juthika Muliek and Another Vs. Dr. Mahendra Yashwant Bal and Othe ...

Court : Supreme Court of India

Reported in : AIR1995SC1142; 1994(4)SCALE792; (1995)1SCC560; [1994]Supp5SCR249

..... (2) notwithstanding anything to the contrary contained in sub-section (1) but subject to sub-section (3) of section 1, this act shall apply to all premises held under a lease which has been entered into after the commencement of the west bengal premises tenancy (amendment) ordinance, 1965; provided that if any such lease is for a period of not less than 20 years and the period limited by such lease is not expressed to be terminable before its expiration at ..... the b option either of the landlord or of the tenant, nothing in this act, other than the provisions relating to rent and the provisions of ..... to rent and the provisions of sections 31 and 36 shall apply to any premises held under a lease for residential purpose of the lessee himself and registered under the indian registration act, 1908, where -(a) such lease is for a period of not more than 20 years, and save as aforesaid nothing in this act shall apply to any premises held under a lease for a period of not less than 15 years. ..... kanhya singh, indian appeals, volume 4, 1876, 223 at page 225 as under:if a grant be made to a man for an indefinite period, it ensures, generally speaking, for his lifetime, and passes no interest to his heirs .....

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... supp 2 scr 406, was, whether an agreement of partnership with the object of entering into wagering transactions was illegal within the meaning of section 23 of the indian contract act it was held that although a wagering contract was void and unenforceable under section 30 of the contract act, it was not forbidden by law and an agreement collateral to such a contract was not unlawful within the meaning of section 23 of the contract acta what ..... his book 'constitutional law of india' and also the meaning that has been given in the australian federal constitutional law by colin howard, it is clear and apparent that where any term has been used in the act which per se seems to be without jurisdiction but can be read down in order to make it constitutionally valid by separating and excluding the part which is invalid or by interpreting the word in such a fashion in ..... order to make it constitutionally valid and within jurisdiction of the legislature which passed the said enactment by reading down the provisions of the act (sic).this principle of reading down, however, will not be available where the plain and literal meaning from bare reading of any impugned provisions clearly shows that it confers arbitrary, uncanalised on unbridled power ..... he also referred to the amendment brought in the indian penal code through act 27 of 1870 (section ..... case of superintendent of remembrances of legal affairs, west bengal v ..... : [1981]131itr597 .....

C.b.i. Vs. Dr. R.r. Kishore

Court : Supreme Court of India

..... section 304-b of the ipc was introduced in the indian penal code through amending act no.43 of 1986, which came into effect on november ..... page 70 of 106 (v) the constitution bench allowed the appeal of the state of west bengal by holding that both the views taken by the respective judges were not correct. ..... to the effect that in case if the contention of the appellant is accepted, the respondent would be discriminated from those set of government servants who have availed the protection of section 6a of the dspe act and the proceedings against them have come to a closure in cases where the competent authority declined to grant sanction and also to another set of cases where the courts have quashed the proceedings in the absence ..... ghosh (supra) was dealing with an appeal filed by the state of west bengal assailing the correctness of the judgment of the high court by which two hon ble judges had allowed the ..... appeal no.377 of 2007 page 52 of 106 (1) the delhi special police establishment shall not conduct any inquiry or investigation into any offence alleged to have been committed under the prevention of corruption act, 1988 (49 of 1988) except with the previous approval of the central government where such allegation relates to- (a) the employees of the central government of the level of joint secretary and above; and (b) such ..... land tenures (regulation of transfers) act, 1952 as also the amendment of 1956 in the forests act, 1957 had the occasion to analyse the difference between .....

U.P. State Sugar Corporation Ltd. Vs. JaIn Construction Co. and anr.

Court : Supreme Court of India

Reported in : AIR2004SC4335; 2004(3)ARBLR1(SC); 2004(4)AWC3080(SC); [2004]122CompCas145(SC); (2004)4CompLJ370(SC); 2004(5)CTC356; [2005(1)JCR38(SC)]; JT2004(7)SC61; 2004(7)SCALE307; (200

..... before us, it is not necessary to say anything in this behalf but suffice it to point out that in the event it is found by the high court that the learned civil judge was wrong in rejecting the application for amendment of the plaint and in fact the respondent-firm was registered under the indian partnership act, the question of throwing out the said suit on that ground would not arise. ..... ]3scr479 and state of west bengal vs. ..... from the judgment of the learned civil judge, that the respondent herein had admitted that it failed to make necessary averment in the plaint as regard registration of the firm inadvertently and the application for amendment has been filed having regard to the contentions raised by the appellant herein in that behalf. ..... disputes and differences having arisen between the parties, the respondent herein filed an application under section 20 of the 1940 act in the court of the civil judge, dehradun for appointment of an arbitrator relying on or on the basis of a purported arbitration agreement contained in clause 34 of ..... shall apply in relation to arbitral proceedings which commenced before this act came into force unless otherwise agreed by the parties but this act shall apply in relation to arbitral proceedings which commenced on or after this act comes into force;(b) all rules made and notifications published, under the said enactments shall, to the extent to which they are not repugnant to this act, be deemed respectively to have been made or issued under .....

B.S.N.L. Vs. Telecom Regulatory Auth.of India and ors.

Court : Supreme Court of India

..... namely (i) ensure compliance of terms and conditions of licence; (ii) notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the telecom regulatory authority of india (amendment) act, 2000, fix the terms and conditions of interconnectivity between the service providers; (iii) ensure technical compatibility and effective inter-connection between different service providers; (iv) regulate arrangement amongst service providers ..... and conditions of the | |equipment to be used by the service|licence granted before the | |providers; |commencement of the telecom | |maintain register of interconnect |regulatory authority of india | |agreements and of all such other |(amendment) act, 2000, fix the terms| |matters as may be provided in the |and conditions of inter-connectivity| |regulations; |between the service providers; | |keep register maintained under |ensure technical compatibility and | |clause (l) open ..... to be a |document, from any office; | |judicial proceeding within the |issuing commissions for the | |meaning of sections 193 and 228, |examination of witnesses or | |and for the purpose of section 196 |documents; | |of the indian penal code, 1860 (45 |reviewing its decisions; | |of 1860) and the authority shall be|dismissing an application for | |deemed to be a civil court for all |default or deciding it, ex parte; | |the purposes of section 195 ..... west bengal electivity ..... . hind stone (1981) 2 scc205 this court held that the .....

Avitel Post Studioz Limited and Ors. Vs. Hsbc Pi Holding (Mauritius) L ...

Court : Supreme Court of India

..... of 4.25% per annum in respect of which award the first, second, third and fourth respondents are jointly and severally liable; 21.17 orders in terms identical to the orders in the interim award (as amended by the addendum and amendment to interim award dated 15 june 2012 and by the amendment to interim award dated 27 july 2012), which orders are to remain in force up to and including the date on which the respondents comply with all other orders in this final award ..... this is clear because a single judge judgment of this court under section 11 of the 1996 act has no precedential value as has correctly been held in state of west bengal v. ..... in view of the detailed discussion made above, this court can safely conclude that the petitioner is a shareholder and has no specific separate arbitration agreement, so no arbitrable dispute arises, as per indian law, which may be referred to arbitration or for which, provisions of section 9 of arbitration and conciliation act can be involved for protection of his interest qua the shares purchased by him. ..... application of arbitration act save for section 9, part 1 of the indian arbitration and conciliation act, 1996 (the arbitration act ), the provisions of part 1 of the arbitration act shall not apply to the terms of this agreement. .....