Court : Supreme Court of India
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
..... contended that the mere fact that powers to arrest certain persons, to make searches and to record evidence having a bearing on the alleged contravention of the legal provisions, are conferred on certain officers of the customs department, is not sufficient to make them 'police officers' contemplated by section 25 of the evidence act, even if it be assumed correct as held by certain high courts, that officers on whom the powers of the officer-in-charge of a police station ..... a customs officer in the exercise of his powers under this section be an admission of guilt, it will be too much to say that that statement is a confession to a police officer, as a police officer never acts judicially and in proceeding before a police officer is deemed, under any provision so far as we are aware, to be a judicial proceeding for the purpose of sections 193 and 228, indian penal code, or for any ..... on june 9, 1957, and the respondent inscribed on this document the note, ex. p. ..... the preamble of the act further says : 'whereas it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of ..... engine crew stated that 100 tolas of gold was kept hidden underneath the cola in the tender of the engine. ..... of gold was recovered, having been found lying concealed underneath the coal in the front part of the coal tender in the engine. ..... station and, as a result of further search, another quantity of gold was recovered from the rear part of the coal tender. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(3)ALLMR546; 2008(3)BomCR408; (2008)110BOMLR951
..... question (published in the bombay government gazette)l in the year 1956 and 1957 were expressly in respect of 'forest' (not 'lands'); it is submitted that after the insertion of section 34a (interpretation clause in chapter v by the bombay act 62 of 1948) - by which act the expression 'or land' were also expressly deleted in section 35(3), the clear intention of the state legislature was that lands had first to be declared as 'forests' under the provisions of section 34a (by gazette notification) before ..... of its intention to prepare a development plan for 't' ward comprising of mulund and nahur; (ii) on 9th january, 1964 the bombay municipal corporation after carrying out the survey of areas within its jurisdiction prepared and published the development plan for 't' ward in accordance with section 3(1) of the bombay town planning act, 1954; (iii) after receiving and considering suggestions from members of the public under section 9 and after modifying the said ..... that even though the byelaws are not amended and reserved seats remain unfiled by election the same can be filled up by co-optionwith respect, we find it difficult to subscribe to this untenable approach that a view of law or a legal provision expressed by a government officer can afford reliable basis or even guidance in the matter of construction of a legislative measure. ..... mr.khambata has tendered a note on the survey numbers in mulund and other areas ..... aids are the preamble, the scheme and the provisions of the act,. .....
Tag this Judgment!Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
..... in any other law, no person shall, except with the permission of the reserve bank, - (a) enter any transfer of securities in any register or book in which securities are registered or inscribed if the has any ground for suspecting that the transfer involves any contravention of the provisions of this section, or (b) enter in any such register or book, in respect of any security, ..... and paced before theboard and all legal opinionsand records of legal advicewhich had been secured by thecompany on the points in issue.the board further consideredwhether - having regard to theprovisions of the fera and feraregulations and other relevantlaws including the company law,the stamp act, the public securi-ties act and other regulationsrelating to the stock ..... the board's viewthat the transferees in questioncould not be approved for purposesof admitting them as members inview of the facts and circumstancestaken note of by the boardsof directors, the board decidedto refuse registration of theshares under consideration.accordingly it was -resolved that the transfer of2,38,390 equity shares of rs. ..... law, the first respondent (airport authority, which was held to be a 'state' within the meaning of article 12) was not entitled to act arbitrarily in accepting the tender of the fourth respondents, but was bound to conform to the standard or norm laid down ....... ..... state transport appellate tribunal, : [1964]7scr1 , it would no be proper for the high court to decline to exercise its jurisdiction and deny .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659
..... essence of the various decisions of this court, high courts as well as foreign courts is that when we give a liberal construction to a word used in a statute particularly in the constitution, we must first of all take note of the relevant and significant context in which that word is used and then interpret that word in that context with meaningful purpose. ..... . at this juncture, priorly, the wording of the preamble of the government of india act 1919 be recalled as to the concept of 'sense of responsibility ..... to their lordships it is essential for the executive to advise with an open mind, that is, open to persuasion and open to appreciate the advice tendered and if one may add eschew his own point of view if satisfied about its weakness. ..... in 'the role of the trial judge in the anglo-american legal system 50 abaj 125 (1964) chandler has observed that the judges 'should not only know the laws of procedure and evidence.. ..... functionaries being very high authorities in their respective spheres there may not ordinarily be any conflict in their assessment of a person regarding his suitability for appointment of a judge but in the event of any difference the advice tendered by the judiciary being in the nature of an 'expert advice' has to be preferred.474 ..... 74(1) clearly provides, and the proviso inserted therein by the constitution (forty-fourth amendment) act, 1978 reinforces, that the president, in exercise of his functions, shall act in accordance with the advice tendered by the council of ministers. .....
Tag this Judgment!Court : Karnataka
Reported in : (1991)99CTR(Kar)269; ILR1991KAR3414; [1992]194ITR584(KAR); [1992]194ITR584(Karn)
..... case may be, sub-section (6) of section 269ue : provided that if any liability for any tax or any other sum remaining payable under this act, the wealth-tax act, 1957 (27 of 1957), the gift-tax act, 1958 (18 of 1958), the estate duty act, 1953 (34 of 1953), or the companies (profits) surtax act, 1964 (7 of 1964), by any person entitled to the consideration payable under section 269uf, the appropriate authority may, in lieu of the payment of the amount ..... the appropriate authority is different from the chief commissioner of income-tax in other words, can the central government exercise that power (6) if, under section 269uh(1), any part of the consideration is not tendered within the specified period, is the transferee entitled to the no objection certificate (7) when the consequences of non-payment are prescribed under the statute, has the court power to extend the time for ..... it is stated : 'liability of trustee for legal outgoings and taxes : the possession by a trustee of the legal estate or legal ownership of trust property invests him with the legal burdens and privileges incident to that estate ..... settled rule of interpretation that in arriving at the true meaning of any particular phrase in a statute, the phrase is not to be viewed isolated from its context; it must be viewed in its whole context, the title, the preamble and all the other enacting parts of the statute ..... thus : 'it should be noted that the opening words of section 2 are 'in this act, unless there is anything .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557
..... to death are mixed up with other categories of prisoners then the very basic structure of superintendence and management of jails will be greatly jeopardised..i submit that the provisions of section 30 of the prisons act are absolutely necessary looking to the state of mind of prisoners under sentence of death, the possibility of such prisoners harming themselves or getting harmed by others or escaping in view of the relevant sociological ..... is one of continuous and indeterminate detention, partly under the maintenance of internal security act and currently as an undertrial facing serious charges, including murder, the prisoner challenged the legality of arbitrary 'irons' in the high court but was greeted with laconic dismissal ..... i, hopefully, alert the nation and, for the nonce, leave follow-up action to the administration with the note that stone walls and iron bars do not ensure a people's progress and revolutionary history teaches that tense bastilles are brittle before human ..... can be imposed only by the court; and so tormenting is this sentence that even the socially less sensitive penal code of 1860 has interposed, in its cruel tenderness, intervals, maxima and like softening features in both sections 73 and 74. ..... in such basic situations, pragmatic belighted belighted by the preamble to the constitution and balancing the vulnerability of 'caged' human to state torment and the prospect of escape or internal ..... 1964 ..... : [1964]6scr784 and in a host of other cases, has lent precedential .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423
..... examine every word of a statute in its context and i use 'context' in its widest sense, which i have already indicated as including not only other enacting ' provisions of the same statute, but its preamble, the existing state of the law other statutes in pari materia and the mischief which i can, by those and other legitimate means, discern the statute was intended to remedy.since a large and ever-increasing ..... 465:in order to discover the intention of parliament it is proper that the court should read the whole act, inform itself of the legal context of the act, including acts so related to it that they may throw light upon its meaning and of the factual context, such as the mischief to be remedied and those circumstances which parliament had in view, ..... justice sankalchand himatlal sheth, judge of the high court of gujarat, as judge of the high court of andhra pradesh with effect from the date he assumes charge of his office.by a foot-note, justice sheth was 'requested to take charge of his duties in the andhra pradesh high court within four weeks from the date of issue' of the notification. ..... terms be described as 'sounding' the chief justice is the chief justice entitled upon being consulted by the president, to ask for the relevant data to enable him to tender his considered opinion on the subject these then are the important matters for consideration.37. ..... a civilised human order is symbolised in the imperative fiat justicia and inscribed in ancient indian neeti shastras. ..... 1964 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... however, the judge has doubts about the meaning of the statutory provision he is considering for some such other reason as its lack of clarity or apparent pointlessness, he may take the title, preamble, heading or side note into consideration in determining how those doubts should be resolved, as we shall see, reservations have been expressed about the propriety of taking any of the above items into ..... ) is entitled to choose or prefer the views or advice of anyone to those of the other or others it may be stated that this question really arises only in regard to the views or advice tendered on the suitability aspect and not on the aspect touching the existence of the pre-conditions of article 224(1) or pendency of work justifying confirmation, because the former aspect is a matter ..... may be assigned for the purpose by the chief justice of that court, even though we find that the additional or acting judges or those requested under article 224a of the constitution to sit and act as judges of the high court, if assigned for the purpose by the chief justice, are legally competent to hear those matters.this question is hardly of any assistance on the question of ..... 356. immediately following the arc study team report, a meeting of the committee of zonal council for national integration was held on 31st august 1964 and in its report on item 1 (viii)(b) the said committee made the following recommendations.the committee also commended the idea that as convention, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... to finding remedies, into whatever dishonesty or corruption may be discovered in the conduct of governmental affairs by ministers, are not really meant to safeguard or help rather than to destroy or hinder democratic government.it is interesting to note what sir gyril salmon, lord justice of appeal, said in a lecture on tribunals of inquiry.in all countries, certainly in those which enjoy freedom of speech and a free press, moments occur when allegations and rumours circulate ..... the fundamental importance of the freedom of the individual, indeed its inalienability, and the importance of the economic, social and political justice mentioned in the preamble, the importance of directive principles, the non-inclusion in article 368 of provisions like articles 52, 53 and various other provisions to which reference has already been made an irresistible conclusion emerges that ..... (16) whether any undue favour was shown by shri satya pal by the minister of transport shri mohamed ali, by accepting the once rejected tender of shri satya pal in leasing out its building for canteen in karnatala state road transport corporation bus stand, mysors, and whether any undue favour was shown by the same ..... :the word 'state' has various meanings, but as used in the federal constitution, acts of congress, and state statutes, it has a definite, fixed, and certain legal meaning as designating a member of the union in contradistinction to the united states as ..... . union of india : [1964]1scr371 , in the majority .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a
..... (2) where in any trial of an offence punishable under section 165a of the indian penal code (45 of 1860) or under clause (ii) or sub-section (3) of section 5 of this act, it is proved that any gratification (other than legal remuneration) or any valuable thing has been given or offered to be given or attempted to be given by an accused person, it shall be presumed unless the contrary is proved that he gave or offered to give or attempted to give that gratification or that valuable thing ..... order to adequately protect a judge from frivolous prosecution and unnecessary harassment the president will consult the chief justice of india who will consider all the materials placed before him and tender his advice to the president for giving sanction to launch prosecution or for filing fir against the judge concerned after being satisfied in the matter. ..... it does appear that this too is a pointer in the direction that even after the 1964 amendment of the act following the report of the santhanam committee when clause (e) was inserted in sub-section (1) of section 5 of the act, the legislature did not intend to include judges of the high courts and the supreme court within the purview of the enactment ..... to quote his own words (at 729):the preamble indicates that the act was passed as it was expedient to make more effective provisions for the prevention of bribery and ..... is significant to note that article 124(4) speaks of 'removal from his office', and section 6 of the act uses similar language. .....
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