Court : Supreme Court of India
..... prescribed by the superintendent ;(b) shall be permitted to wear his own clothes, which if insufficient for decency or warmth shall be supplemented by such jail clothing, not exceeding the scale provided for convicts sentenced to rigorous imprisonment, as may be necessary to ..... settlement) act, 1952; orissa restriction of habitual offenders act, 1952; uttar pradesh habitual offenders act, 1952; rajasthan habitual offenders act, 1953; jammu and kashmir habitual offenders (control and reform) act, 1956; bombay habitual offenders act, 1959; gujarat habitual offenders act, 1959; kerala habitual offenders act, 1960; karnataka habitual offenders act, 1961; andhra pradesh habitual offenders act, 1962; himachal pradesh habitual ..... under chapters xii, xvi and xvii of the indian penal code including an order under section 118 of the criminal procedure code should be considered a habitual offender for the purposes of the new act .297 the committee was of the view that provisions similar to sections 23, 24, 26, and 27 of the criminal tribes act should not be included in the ..... petition, all states and the union government shall file a compliance report on this judgment; (viii) the dlsas and the board of visitors formed under the model prison manual ..... property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery; ii) any person convicted of an offence punishable under chapter xvi of the indian penal code, whose previous conviction or convictions taken .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1956; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life (protection) act, 1972; the proviso to section 33(2)(b) of the industrial disputes act, 1947 (as amended in 1956); section 10-a of the medical council act, 1956 (as amended in 1993), and similar other provisions have ..... no court shall take cognizance of any offence (i) under chapter iii without the previous sanction of the central government or any officer authorised by the central government in this behalf; (ii) under chapter iv and vi without the previous sanction of the central government or, as the case may be, the state government, and where such offence is committed against the government of a foreign country without ..... the necessity of complying with the provisions in question is avoided, the circumstance, namely, that the statute provides for a contingency of the non-compliance with the provisions, the fact that the non-compliance with the provisions is or is not visited by some penalty, the serious or trivial consequences that flow therefrom, and, above all, whether the object of the legislation 43 1957 scc online sc444 1960 scc online ..... ) 6 scc70426 hereinafter crpc 17|slp(crl)4866/2023 (emphasis supplied) 16.6 in recent past, this court, in state of karnataka v. s. .....
Tag this Judgment!Court : Supreme Court of India
..... in these civil appeals, the scope of sections 33, 34, 37, and 39 of the karnataka stamp act, 1957 (for short, the act ) arises for consideration. i. ..... dilip construction company12, this court held that the indian stamp act, 1899 is a fiscal measure intended to raise revenue, and the stringent provisions of the stamp act cannot be used as a weapon to defeat the cause of the opponent. ..... to be duly stamped; (c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898; (d) nothing herein contained shall prevent the admission of any instrument in any court when such instrument has been executed by or on behalf of the government, or where it bears the certificate of the 1[deputy commissioner].1 as provided by section 32 or any other provision of this act 2[and such ..... certificate has not been revised in exercise of the powers conferred by the provisions of chapter vi].2. [1. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the trial court without any application of the provisions of the karnataka stamp act, 1957 (hereinafter referred to as the stamp act , for short) and also without determining the nature of the document and the stamp duty chargeable on such documents, the impugned order is passed ..... any kind is effected by correspondence consisting of two or more letters and any one of the letters bears the proper stamp, the contract or agreement shall be deemed to be duly stamped; (c) nothing herein contained shall prevent the admission of any instrument in evidence in any proceeding in a criminal court, other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898; (d) nothing herein contained shall prevent the admission of any instrument in ..... value and description required by the law in force in the state of karnataka when such instrument was executed or first executed: provided that, (a) nothing herein contained shall be deemed to require any magistrate or judge of a criminal court to examine or impound, if he does not think fit so to do, any instrument coming before him in the course of any proceeding other than a proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898; (b) in the case ..... government, or where it bears the certificate of the deputy commissioner as provided by section 32 or any other provision of this act and such certificate has not been revised in exercise of the powers conferred by the provisions of chapter vi.37. .....
Tag this Judgment!Court : Karnataka
..... constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other co-operative societies to make appropriate law, laying down the following matters, namely: (a) provisions for incorporation, regulation and winding up of co-operative societies based on the 84 principles of democratic member-control, member- economic participation and autonomous functioning; (b) xxx; (c) xxx; (d) xxx; (e) xxx; (f) xxx; ..... power of the co-operative society to recruit other employees, the said contention does not come to the aid of the state in a challenge to the provision resting on a premise that the provision has conferred unguided power on the registrar to frame regulations curtailing the right to recruit, transfer and disciplinary action of any class of employees of a co-operative society ..... this writ petition is filed under articles226and227of the constitution of india praying to direction, declaring that the section128 of the karnataka co-operative societies act which was introduced by karnataka act no.27/2023 vide annexure-a is unconstitutional, void, not enforceable and non operative in so far as petitioner age concerned. ..... the directive principles contained in part iv and the fundamental rights mentioned in part iii, which supplement each other, there is no difficulty in putting a harmonious construction which advances the object of ..... chapter is held to be valid and applicable to multi state co-operative societies .....
Tag this Judgment!Court : Supreme Court of India
..... as a unit having a defined relationship with the land and does not include mineral bearing lands within its scope; (iv) in view of the declaration under section 2 of the mmdr act, 1957 made in terms of entry 54 - list i and to the extent of the provisions of the said act, the state legislature is denuded of its powers under enry 50 - list ii; and (v) entry 50 - list ii is a unique entry because it is the only taxation ..... ; (vi) all adits, levels, planes, machinery, works, railways, tramways and sidings in or adjacent to and belonging to a mine; (vii) all protective works being carried out in or adjacent to a mine; (viii) all workshops and stores situated within the precincts of a mine and under the same management and used primarily for the purposes connected with that mine or a number of mines under the same ..... act, a prospecting licence is granted for the purpose of undertaking prospecting operations.117 prospecting operations are defined to mean any operations undertaken for the purpose of exploring, locating, or proving a mineral deposit.118 chapter iii of the mineral concession rules 1960 113 state of karnataka ..... murthy (supra), using royalty as a measure of tax on lands does not stamp it as a tax on either the extraction of the mineral or on ..... . 85 part g incidental or supplemental powers;184 (ii) prohibit depending upon the context and circumstance;185 (iii) control or adjust by rule or to subject to governing principles;186 and (iv) issue directions.187 thus, .....
Tag this Judgment!Court : Supreme Court of India
..... the alleged gpa is in favour of third party with power to sell the property and hence article 41 of the karnataka stamp act 1957 is applicable and stamp duty on the market value has to be paid on the same. ..... (1) when any court in the exercise of its civil or revenue jurisdiction or any criminal court in any proceeding under chapter xii or chapter xxxvi of the code of criminal procedure, 1898, makes any order admitting any instrument in evidence as duly stamped or as not requiring a stamp, or upon payment of duty and a penalty under section 34, the court to which appeals lie from, or references are made by, such first mentioned court may, of its own motion or on the application of the deputy ..... application of judicial mind is a sine qua non having regard to the express language of sections 33 and 34 and interpretation of pari materia provisions in the indian stamp act, 189911 by this court. ..... there, provisions of section 36 of the 1899 act, which is pari materia section 35 of the 1957 act, came up for ..... page 5 various provisions of the 1957 act were referred to by him for persuading us to hold that the view taken by the high court was grossly ..... may not turn a blind eye to the fact that the revenue would stand the risk of suffering huge loss if the courts fail to discharge the duty placed on it per provisions like section 33 of the 1957 act. ..... 35 is in the nature of a penal provision and has far-reaching effects. ..... such provision has been inserted in the statute with a definite .....
Tag this Judgment!Court : Karnataka
..... cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. ..... the constitution of india praying to a) directing the r1 to6not to interfere in the lawful activities carried on by the petitioner in the premises of the petitioner; b) direct the respondents not to insist for obtaining license under the karnataka police act or any other act to serve hookah and etc. ..... petition no.5332 of2024between: bamboo hut no.5, cpr comforts nagarbhavi main road vijayanagar, bengaluru karnataka 560 072 represented by its proprietor sudhir partha sarathi16aged about33years ... ..... a partnership firm running a hotel under the name mockaholic no.1107, 24th main road j.p.nagar, 1st phase karnataka 560 078 represented by its partner pavan kumar v., 11 . ..... petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. ..... siddharth suman, advocate) and: the state of karnataka by its principal secretary health and family welfare department (health1and2 vikas soudha, vidhana veedhi bengaluru 560 001 ..... 03.2024 r pronounced on :22.04.2024 in the high court of karnataka at bengaluru dated this the22d day of april, 2024 before the hon' .....
Tag this Judgment!Court : Karnataka
..... cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. ..... the constitution of india praying to a) directing the r1 to6not to interfere in the lawful activities carried on by the petitioner in the premises of the petitioner; b) direct the respondents not to insist for obtaining license under the karnataka police act or any other act to serve hookah and etc. ..... petition no.5332 of2024between: bamboo hut no.5, cpr comforts nagarbhavi main road vijayanagar, bengaluru karnataka 560 072 represented by its proprietor sudhir partha sarathi16aged about33years ... ..... a partnership firm running a hotel under the name mockaholic no.1107, 24th main road j.p.nagar, 1st phase karnataka 560 078 represented by its partner pavan kumar v., 11 . ..... petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. ..... siddharth suman, advocate) and: the state of karnataka by its principal secretary health and family welfare department (health1and2 vikas soudha, vidhana veedhi bengaluru 560 001 ..... 03.2024 r pronounced on :22.04.2024 in the high court of karnataka at bengaluru dated this the22d day of april, 2024 before the hon' .....
Tag this Judgment!Court : Karnataka
..... cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. ..... the constitution of india praying to a) directing the r1 to6not to interfere in the lawful activities carried on by the petitioner in the premises of the petitioner; b) direct the respondents not to insist for obtaining license under the karnataka police act or any other act to serve hookah and etc. ..... petition no.5332 of2024between: bamboo hut no.5, cpr comforts nagarbhavi main road vijayanagar, bengaluru karnataka 560 072 represented by its proprietor sudhir partha sarathi16aged about33years ... ..... a partnership firm running a hotel under the name mockaholic no.1107, 24th main road j.p.nagar, 1st phase karnataka 560 078 represented by its partner pavan kumar v., 11 . ..... petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. ..... siddharth suman, advocate) and: the state of karnataka by its principal secretary health and family welfare department (health1and2 vikas soudha, vidhana veedhi bengaluru 560 001 ..... 03.2024 r pronounced on :22.04.2024 in the high court of karnataka at bengaluru dated this the22d day of april, 2024 before the hon' .....
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