Court : Chennai
Reported in : AIR1965Mad225; 1965CriLJ714
..... ., the secretary of state, was not challenged. at page 221 viscount maugham has observed as follows:"secondly, it is admitted that the home secretary can act on hearsay and is not required to obtain and legal evidence in such a case, and clearly is not required to summon the person whom he proposes to detain and to hear his objections to the ..... that the order of requisition was passed in flagrant violation of the provisions of s. 15 of the defence of india act. the other legal and more substantial contention related to the question as to whether the order of quasi-judicial act. the learned judge was of the view that the government while gathering materials with a view to determine whether or not ..... be invalid, and it is settled law that to such a situation the saving in s. 45 will not apply and the legality of such acts can certainly be called in question is any court. in other words, in the earlier situation the saving clause in s. 45 prohibiting right of suit is unnecessary while in .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1967Cal99,70CWN623
..... that the agreement in this case is dated 22nd october 1962 and clause (aa) in sub-section (1) of section 40 was introduced in the act by the land acquisition (amendment) act, 1962 (act xxxi of 1962) which came into force on 12th september 1962. the declaration under section 6 was made on the 23rd october 1962. so, ..... on behalf of the appellants on this point is that the report of the additional land acquisition collector made under section 5-a of the land acquisition act shows that the additional land acquisition collector sudhirendranath ganguly recommended that the proceeding for acquisition of the lands in question should be dropped as there was no necessity ..... be published.5. on 26th march 1963 the appellants moved this court under article 226 of the constitution challenging the legality of the declaration under section 6 of the land acquisition act and a rule nisi was issued by banerjee, j., limited to grounds iv, xiii and xx of the petition.6. thereafter, an affidavit-in-opposition .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal547,157Ind.Cas.998
..... that the conduct of the pleader was most reprehensible, and was of opinion that action should be taken against him under the legal practitioners act. the record of the case was thereupon sent to the district and sessions judge of burdwan for taking necessary action. the district ..... , as contemplated by section 13(b), legal practitioners act. in view of the facts and circumstances appearing from the materials on the record, we have come to the decision that an ..... disposal of the tins of ghee, which were the subject-matter of a charge under section 16(1)(c), bengal food adulteration act, is wrong. in our judgment, the pleader concerned was guilty of fraudulent or grossly improper conduct in the discharge of his professional duty ..... order1. this is a reference under section 14(b), legal practitioners act, made to this court, by the learned district judge of burdwan, recommending the suspension of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1440; [1964]6SCR1015
..... principal points arising for consideration and on which the decision of the appeal would turn are, first, the interpretation of s. 12 of the madras city tenants protection act (madras act iii of 1922) and, second, the constitutional validity of s. 9 of that enactment. section 12 enacts : "nothing in any contract made by a tenant shall ..... extended to the municipal town of coimbatore where the land involved in the present proceedings is situated. it was therefore a tenancy governed by the provisions of the act. next, the lease under which the respondent held the land was in writing registered, and therefore the only question to be considered is whether the stipulations ..... contains are comprehended by the proviso. section 12, it would be seen, is made up of two limbsfirst a general provision saving to tenants comprehended by the act, the rights conferred by its operative terms, notwithstanding any contract, and next a proviso which makes an inroad into the generality of the saving, by saving con .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad583; (1951)IMLJ174
..... held that such detentions can be justi-fied. the question is whether a valid order ofdetention has been served or not and not as to whether the earlier arrest was legal or illegal.our attention was invited to dasappa v. district magistrate, south kanara : (1949)1mlj583 and m. r. s. mani v. district magistrate, mathurai, : air1950mad162 . ..... forthwith.6. before we concern ourselves with the various questions of law raised before us by the learned counsel for the petitioner, it is necessary to consider the legal position regarding the nature of the petitioner's detention in the vellore central jail. as is clear from the telegram of the bombay government despatched to the madras ..... detention on the petitioner since it should be deemed that though he is physically within the confines of the state of madras, legally he should be deemed to be in bombay because of section 2 (3) of act xlviii [48] of 1949. viewed that way, according to the arguments of the learned counsel, the petitioner's arrest and .....
Tag this Judgment!Court : Karnataka
Reported in : 2002CriLJ3869; 2002(6)KarLJ481
..... .c. for quashing of the proceedings in c.c. no. 15202 of 1997 on the file of the vi additional chief metropolitan magistrate, bangalore. the inspector of legal metrology has filed a complaint against the petitioner for contravention of rules 4, 6 and 23(1) of the standards of weights and measures (packaged commodities) rules, 1977 ..... the complaint that he has been duly authorised by the director or by any other competent authority under the act. no document is produced to show such authorisation. in view of the aforesaid lacuna, the ..... of offence punishable under this act except upon the complaint made by the director or any authorised officer, any person aggrieved or a recognized consumer association whether the person aggrieved is a member of such association or not. in the instant case, the complaint is filed by the inspector of legal metrology. there is no mention in .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1951Bom244; (1950)52BOMLR788; ILR1950Bom795
..... shown to be in possession of liquor not distilled by him, the ast of possessing such liquor cannot be said to be covered by his act of manufacturing liquor and it would not only be legal but also proper to pass separate sentences in such cases.16. accordingly in both the cases before us, we set aside the sentences passed ..... was convicted under sections 417 and 420, penal code, and sentenced separately for these offences, it was observed that it is not legal to sentence an accused person to two separate punishments for what is substantially the same act, though it falls under two separate definitions of offences. in queen-empress v. shivdia 1890 un. cr. c. 523, it ..... on the accused under section 65(f) and section 66(b) of the act. apart from this alteration in the sentences, both the appeals will be .....
Tag this Judgment!Court : Allahabad
Reported in : 1998CriLJ2848
..... there on the slightest provocation in future and materials, as already observed, were there before the detaining authority that the petitioner was likely to commit similar acts in future. 17. a question was raised that the two associates of the petitioner although initially proceeded against were subsequently discharged and the petitioner was ..... action the antecedents and activities of petitioner were taken into consideration and it was not necessary under the law to wait for repetition of a particular act before taking a preventive action. the petitioner was produced personaly before the advisory board for personal hearing and the state govt. had confirmed the detention ..... district magistrate were considered by him independently and after being fully satisfied it was found necessary to proceed against the petitioner under the provisions of the act to prevent him from engaging himself in activities prejudicial to the maintenance of public order. there was no delay on the part of the district .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1507; [1967]3SCR114
..... the exclusive forum for such a decision, its decision has to be founded on facts and circumstances which make the continuation necessary in order to prevent the detenue acting in a manner prejudicial to the matters set out therein. the substitution of decision instead of satisfaction is a clear indication that the criterion for continuing the ..... detention, both the function to review and the decision thereon being judicial or quasi-judicial. (iii) that the said order is ultra vires s. 44 of the act whereunder the government is required to decide whether detention is the minimum action necessary on the facts and circumstances of the case. (iv) that the said order is ..... government-and upon such review the central government hereby decides that shri p. l. lakhanpal-should continue to be detained with a view to preventing him from acting in any manner pre-judicial to the defence of india and civil defence'. the petitioner filed writ petition no. 137 of 1966 challenging the validity of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152
..... as a sale. the court accepted the submission of the assessee that the expression 'sale of goods' was, at the time when the government of india act, 1935 was enacted, a term of well recognized legal import in the general law relating to sale of goods and must be interpreted in entry 48 in list ii of schedule vii of the 1935 ..... act1 as having the same meaning as in the sale of goods act, 1930. according to this decision if the words 'sale of goods' have to be interpreted in their legal sense, that sense can only be what it has in the law relating to sale of goods. to use the language ..... ) of article 366(29a) relied upon by the respondents contemplates a transfer of a legal right to use goods. according to the petitioners there is no transfer of any legal right by the service providers nor any delivery of any goods which may be covered under the telegraph act, 1885 as the same is barred and prohibited in terms of the licence granted .....
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