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Apr 15 1992 (HC)

Subash Chandra Jena Vs. State of Orissa

Court : Orissa

Reported in : 1992(II)OLR173

..... (1) or sub-section (2), the officer in charge of the police station or the police officer making the investigation,,if he is not below the rank of a sub-inspector, may, where judicial magistrate is not available transmit to the nearest executive magistrate on whom the powers of a judicial magistrate have been conferred, a copy of the entry in the diary relating to the case, and shall, at the same time forward the accused to such executive ..... accused person, is forwarded may, whether he has or has not jurisdiction to try the case, from time to time, authorise the detention of the accused in such custody as such magistrate thinks fit, for a term not exceeding fifteen days in the whole, unless he is satisfied that there are adequate grounds for detention of the accused not exceeding sixty days in the custody ..... magistrate, and thereupon such executive magistrate, may, for reasons to be recorded in writing, authorise the detention of the accused person in such custody as he may think fit for a term not exceeding seven days in the aggregate; and on the ..... -sessions judge, khurda and by order dated 9-5-1991 the prayer for bail was accepted on the ground that the order of remand passed by the learned special judical magistrate exceed seven days and therefore, as a matter of right the petitioner was entitled to bail in terms of section 167(2-a) of the code. .....

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Nov 03 2004 (HC)

Sri Sanjay Ku. Choudhury and ors. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 98(2004)CLT745

..... court may, if requested by the central or state government so to do, confer upon any person who holds or has held any post under the government, all or any of the powers conferred or conferrable by or under this code on a judicial magistrate of the first class or of the second class, in respect to particular cases or to particular classes of cases, in any local area, not being a metropolitan area:provided that no such power shall be conferred on a person unless he possesses such qualification ..... we may reproduce the eligibility of clause 4(a) and (b) which reads as follows :'eligibility: a person shall not be qualified for appointment as a special judicial magistrate unless he:(a) has been serving as judicial officer, or is a retired judicial officer/or(b) is a senior ministerial officer of the high court or district court who is experienced and is conversant with rules and procedures of law and holds a bachelor's degree in ..... learned counsel for the petitioners has challenged the process of recruitment on the following grounds:'(a) a high court has got no jurisdiction to frame such a rule for appointing special judicial magistrate in absence of the authorization made under article 309 of the constitution of india read with article 234. ..... the entire process for appointment of special judicial magistrate under appointment of special judicial magistrate (orissa) rules, 2000 is under challenge by the petitioners in all the above writ applications. .....

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Feb 11 2000 (HC)

Rashida Begum Vs. the State of M.P. and anr.

Court : Madhya Pradesh

Reported in : 2001CriLJ3048

..... therefore, the above submission of the learned counsel for the petitioner, that the district magistrate formed an opinion only on the basis of entries in the crime register, does not appear to hold any water.12 ..... his activities as above being prejudicial to the maintenance of public order, opinion formed by the district magistrate in the above regard, therefore, appears to be based on proper considerations of the material furnished to him ..... information reports, recorded in the police station have been furnished and taken into consideration by the district magistrate, as would be clear from annexures to the petition as well as the return filed by the ..... the order of detention dated 18-5-1999 (annexure p/1) was issued by district magistrate, east nimar, khandwa under sub-section(2) of section 3 of the 'act ..... view of above contentions, it has to be considered whether there was justification for the district magistrate to pass the order of detention under section 3(2) of the 'act'?11. ..... advocate, however, supported the order of detention by the district magistrate and has submitted that there was sufficient material for him to form an opinion that the actions of the detenu were prejudicial to the maintenance of public order and that his actions were calculated to ..... that the order of detention issued by district magistrate was also approved by the advisory board. ..... appears to be no reason for interference in the impugned order of the district magistrate under section 3(2) of the 'act'. .....

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Aug 16 1982 (HC)

Pandurang Namdeo Dhabekar Vs. Vithal Rangrao Patil and ors.

Court : Mumbai

Reported in : 1982(1)BomCR891

..... 4-the sub-divisional magistrate, solapur.2. .....

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May 06 1997 (SC)

Nirma Industries Ltd. Vs. Director General of Investigation and Regist ...

Court : Supreme Court of India

Reported in : AIR1997SC2382; [1997]89CompCas537(SC); JT1997(5)SC481; 1997(4)SCALE114; (1997)5SCC279; [1997]Supp1SCR137; 1997(2)LC191(SC)

..... that the impugned prize scheme was approved and authorised by the district magistrate, ahmedabad under the bombay lotteries (control and tax) and prize competition (tax) act, 1958 and the rules framed thereunder. ..... the company on receipt of notice of inquiry from the commission filed its detailed reply along with the certificate granted by the district magistrate, ahmedabad (lottery) granting permission to the scheme.10. .....

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Feb 06 2008 (HC)

Col. B.S. Sarao Vs. Securities and Exchange Board of India

Court : Delhi

Reported in : [2008]143CompCas541(Delhi); (2008)3CompLJ242(Del); [2009]89SCL137(Delhi)

..... arise out of the complaints filed against the petitioners here in the courts of the additional chief metropolitan magistrate (acmm), delhi for the offences under the sebi act as indicated in the first paragraph of this judgment.4. ..... special judicial magistrate : 1998crilj1 , s.m.s. .....

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Feb 02 2011 (HC)

Hemraj Flour Mills and ors. Vs. Rajendra Chinubhai - Partner of Rajend ...

Court : Gujarat

..... with a prayer to issue writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or direction to quash and set aside the judgment and order dated 18.11.2010 below exh.31 passed by learned metropolitan magistrate, negotiable instrument act, court no.8, ahmedabad and confirmed by the learned sessions judge in criminal revision application no.517 of 2010 vide order dated 10.12.2010.2. the endeavour on the part of the learned advocate for the ..... . the above findings and observations of the courts below in the contextual background of the facts of this case as noticed by the learned magistrate, negotiable instrument act, cannot be said to be contrary to law which requires any interference in exercise of powers by this court under articles 226 and 227 of the constitution of india.5 .....

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Dec 01 1960 (HC)

Ganesh Pradhan Vs. Addl. District Magistrate Ganjam

Court : Orissa

Reported in : 1961CriLJ263

..... of being heard before such a drastic action like the cancelling of the gun license was passed,(ii) in any case, section 18(a) of the indian arms act, requires the district magistrate to record in writing the reason for cancelling the gun license and further requires that such cancellation should be made only if the competent authority considers it necessary for the security of the ..... though, not expressly mentioned ii the order, may follow in appropriate cases by necessary implication.for instance, the district magistrate may receive a full report from either a subordinate magistrate or the superintendent of police giving clear reason for recommending such cancellation and also saying that such cancellation is necessary for ..... of cancellation must be a 'speaking' order, that is to say, it must give reasons in writing as to why the district magistrate thought it necessary to cancel the gun license and must also show that such cancellation was necessary for security of the public peace. ..... on 17th february 1960, the petitioner preferred an appeal before the re' venue divisional commissioner against the order of the district magistrate, under rule 41-a or trie indian arms rules but that appeal was dismissed as time-barred by the commissioner's order dated ..... the aforesaid report of the superintendent of police on the basis of which the gun license was cancelled, the district magistrate had practically rendered ineffective the right of appeal conferred by section 41-a of the arms rules.4. .....

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Mar 19 1985 (SC)

Ganpat Roy and ors. Vs. Additional District Magistrate and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1635; 1985(1)SCALE545; (1985)2SCC307; [1985]3SCR384

..... reached by the rent control inspector contained in his report of the inspection of the building was required to be posted on the notice board of the office of the district magistrate for the information of the general public, and the order of allotment could not be passed before the expiration of three days from the date of such posting and, if ..... meaning of section 12(2), shall not be allotted that or any other non-residential building for a period of two years from the date of such...deemed cessation :provided that -(a) if the district magistrate is satisfied in a case referred to in section 12(2) that the admission of partner or new partner is bona fide transaction and not a mere cover for subletting, he shall, if any application ..... practicable, to be elicited from at least two respectable persons in the locality and the conclusion of the inspection report is to be posted on the notice board of the office of the district magistrate for the information of the general public, and an order of allotment is not to be passed before the expiration of three days from the date of such posting, and if in the meantime ..... section provided for an appeal to the district judge by a person aggrieved by an order of allotment, reallotment or release and where such order was varied or rescinded in appeal, the district magistrate had the power, on an application made to him in that behalf, to place the parties back in the position which they would have occupied but for such order or such part thereof .....

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Feb 14 1964 (HC)

Mrs. Taramati Pranlal Shah Vs. Additional District Magistrate, Kutch D ...

Court : Gujarat

Reported in : AIR1964Guj278; (1964)0GLR825

..... where any declaration is made and subscribed under section 5 in respect of a newspaper, the declaration shall not save in the case of newspapers owned by that same person, be so authenticated unless the magistrate is on enquiry from the press registrar satisfied that the newspaper proposed to be published does not bear a title which is the same as, or similar to, that of any other newspaper published either in ..... applied for the cancellation of the declaration made by him in 1956 as the keeper of tara printery, on august 13, 1959 the petitioner gave an intimation to the additional district magistrate that she intended to carry on business as the keeper of that press and on september 12, 1959 she filed a declaration under section 4 of the act to the effect ..... appears that when such declarations made and subscribed in duplicate are authenticated, one of such duplicate has to be deposited among the records of the office of the magistrate and the second duplicate among; the records of the high court or the principal civil court for the place where such declaration, has been made. ..... , the same reasoning must also apply to the provisions of section 4 and it cannot be said that the district magistrate under section 4 has any other power except an administrative one, namely, to take, on record a declaration filed by a declarant under that section and consequently the district magistrate cannot be said to have any power to hold an enquiry into the rival claims of parties with regard to the .....

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