Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... confidential witnesses, the privilege claimed by the detaining authority cannot be said to be genuine and as held in case of mohmad sarif v. commissioner of police (supra) when the objective facts are assigned for the purpose of coming to subjective satisfaction, in absence of objective facts, satisfaction lead to an ..... , his attempt to arrive at a subjective satisfaction cannot be doubted. 84. if the detaining authority, as argued by shri bhatt, was a senior police officer understanding his responsibilities, and if, he was a sincere officer having highest grit, then he would have asked the sponsoring authority to place the papers ..... takeninto consideration by the detaining authority. with respect to said case, onlythe statements of co-accused have been supplied, but the copies of theprosecution witnesses during police investigation have not been supplied to thepetitioner, and therefore, the state government was requested to supply thesame by representation (annexure : c). again, if we .....
Tag this Judgment!Court : Mumbai
Reported in : 2000(2)BomCR293
..... corruption tends to be more widespread in authoritarian or totalitarian regimes and when public opinion and the press are unable to denounce corruption. corruption develops because of confusion about the borders between state and society and between traditional and modern values. it can be expected to grow during phases of transition. corruption should disappear in modern stable democratic societies. instead, it ..... 's playground, playground, park, garden, green belt, fire brigade, parking, p.m.t parking, pumping station, office complex, civic and cultural centre, slum improvement, post office, economically weaker section housing, police chowky, municipal purpose, high level after tank, cremation and burial ground, cattle shed and industrial zone. the relevant entry is at serial no. 8. serial no. 8 shows that in .....
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
..... person who has acquired such a right under the french law from the portals of the indian courts and from the remedy to which, under the civil procedure code and under the indo-anglian system of jurisprudence he would undoubtedly be entitled to. a holder of a mortgage, although it has been granted under the french law and procedure, is certainly entitled under .....
Tag this Judgment!Court : Chennai
Reported in : [1985]57CompCas126(Mad); (1984)IILLJ34Mad
Mohan, J.1. An important question arising in this batch of cases is whether the Tamil Nadu Shops and Establishments Act, 1947 (hereinafter referred to as the Shops Act), is applicable to the Nationalised Banks and to the State Bank of India. 2. We would first note the facts leading to Writ Appeals Nos. 561 and 562 of 1983. They arise out of Writ Petitions Nos. 2013 and 2014 of 1979. Writ Petition No. 2013 of 1979 is for a mandamus to direct the first respondent to dispense of the preliminary objection raised by the Management of the Bank of India, Regional Office, Southern Region, represented by the Assistant General Manger, Madras, in regard to the maintainability of T.S.E. Case No. 49 of 1875, of the file of the Second Additional Commissioner for Workmen's Compensation, Madras, in the appeal preferred by the employee, C. V. Raman, under section 41 of the Act. 3. Writ Petition No. 2014 of 1979 is for prohibition to prohibit the Additional Commissioner from proceeding to take up for pr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3766; 2005(3)ARBLR1(SC); 2005(4)AWC3851(SC); [2005]127CompCas97(SC); 2005(4)CTC297; JT2005(7)SC426; (2005)4MLJ84(SC); (2005)7SCC234; 2005(2)LC1277(SC)
B.N. Srikrishna, J.1. Leave granted.2. I have had the benefit of carefully considering the erudite judgment delivered by my esteemed and learned Brother Sabharwal. Regretfully, I find myself in the unenviable position of having to disagree with the views expressed therein.The judgment of Brother Sabharwal fully sets out the facts in the Civil Appeal arising out of Special Leave Petition (Civil) No. 3160/05 as well as the issue which arises for determination. The core issue in this case is: Whether the finding of the court made under Section 45 of the Indian Arbitration and Conciliation Act 1996 ('the Act') that the arbitration agreement, falling within the definition of Section 44 of the Act, is or is not 'null and void, inoperative or incapable of being performed' should be a final expression of the view of the court or should it be a prima facie view formed without a full-fledged trial?Ambiguity in the Wording of Section 453. The contrast in language between Section 8 and 45 of the A...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(1)ALT(Cri)106; [1993]78CompCas28(AP); 1993CriLJ707
..... demarcated the two investigations in d. lakshminarayana's case : 1976crilj1361 , by stating that the two investigations operate in distinct spheres at different stages and that police investigation under section 156(3) is at the pre-cognizance stage and the investigation directed under section 202 is at the post-cognizance stage when the magistrate ..... deciding whether or not there is sufficient ground for proceeding.' thus the object of an investigation under section 202 is not to initiate a fresh case on police report but to assist the magistrate in completing proceedings already instituted upon a complaint before him.' once again in h. s. bains v. state (union territory ..... at kakinada and that entertaining the said complaint itself was without jurisdiction and arbitrary. according to them, on the allegations in the chargesheet filed by the police, the cause of action, if any, arose only in bombay and no offence, if any, was committed within the jurisdiction of the learned magistrate at .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... legislators' absence from their respective constituencies in connection with responsibilities of the office they hold. sub-sections (3) and (4) pertain to compulsions of the service (in armed forces or police or foreign posting in service under government of india) to be at a place other than the one where one ordinarily resides. sub-sections (5) and (6) of section 20 ..... of a force to which the provisions of the army act, 1950 (46 of 1950), have been made applicable whether with or without modifications; orbeing a member of an armed police force of a state, who is serving outside that state; orbeing a person who is employed under the government of india, in a post outside india.all the above provisions .....
Tag this Judgment!Court : Chennai
Reported in : AIR2000Mad92
..... , fairly and openly, as they are bound by public accountability. placing reliance on the decision in mohinder singh gill v. chief election commissioner, reported in : [1978]2scr272 and commissioner of police v. gordhandas, reported in : [1952]1scr135 , contends that in the absence of reasons transparent on the notification the institute or c and ag are not entitled to supplement fresh reasons ..... find any force in the argument of mr. arvind p. datar, relying on the decisions in mohinder singh gill v. chief election commissioner reported in : [1978]2scr272 and commissioner of police v. gordhandas reported in : [1952]1scr135 , that the respondents are trying to supplement fresh reasons by filing counter to substantiate their action.37. the ratio laid down by the apex .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; [1991]Supp2SCR267; 1992(1)LC111(SC)
Ranganath Misra, C.J.1. I have had the advantage of perusing the draft judgments prepared by my learned brethren Punchhi and Ramaswamy, JJ. While Justice Punchhi has gone by the literal construction of the statute, brother Ramaswamy has tried to find out the spirit of the legislation and with a view to conferring the benefit on the workmen, has adopted a construction different from the reported decision of this Court.2. I agree with Justice Punchhi that the appeals should be dismissed and the judgment of the Division Bench should be sustained. At the same time, I would like to add that the legislative intention should have been brought out more clearly by undertaking appropriate legislation once this Court took a different view in the decision referred to in brother Punchhi's judgment. The legislation is beneficial and if by interpretation put by the Court the intention is not properly brought out it becomes a matter for the legislature to attend to.M.M. Punchhi, J. :3. The sole questi...
Tag this Judgment!Court : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... to compensate the victims. (see rudul sah, v. state of bihar, sebastian m. hongray v. union of india, saheli, a women's resources centre v. commissioner of police, delhi police headquarters, state of maharashtra v. ravikant s. patil). in nilabati behera v. state of orissa hon'ble mr. justice j.s. verma observed as under: (scc p ..... bihar, sebastian m. hongray v. union of india, bhim singh v. state of j & k, saheli; a women's resources centre v. commissioner of police, delhi police headquarters and state of maharashtra v. ravikant s. patil the liability of the state of orissa in the present case to pay the compensation cannot be doubted and was ..... he submitted that the petitioner have imp leaded a large number of authorities, including municipal corporation of delhi (respondent no. 4), delhi vidyut board (respondent no. 6), delhi police (respondent no. 3), delhi fire service (respondent no. 5) and medical services (respondent no. 8 & 9) and various members of the ansal family. he submitted that .....
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