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Rozan Mian Vs. Tahera Begum and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2883; (2007)3CALLT108(SC); 2007(2)CTLJ303(SC); JT2007(10)SC134; (2007)6MLJ659(SC); (2007)148PLR310; 2007(10)SCALE20

..... however, during the pendency of the suit, west bengal act 37 of 1981, the calcutta thika tenancy (acquisition and regulation) act, 1981 (hereinafter the 1981 act) was promulgated.3. ..... in the background of the position of law, the question to be determined in this appeal is as to whether the specific performance of the agreement for sale becomes impossible of performance by reason of promulgation of the west bengal thika tenancy (acquisition and regulation) act 1981, during the pendency of the suit. ..... the high court was of the view that after the promulgation of 1981 act by reason of operation of law, the contract has become void, the plaintiff is entitled only to the refund of the consideration together with interest and cost of the suit at the rate assessed by the high court. 12. ..... sanyal, learned senior counsel appearing for the appellant, contended that the right accrued by an agreement dated 3.12.1973 under the 1949 act still subsists and could not have been taken away by 1981 act, as the application of the act itself was not made retrospectively. ..... in the present case, by virtue of 1981 act, the land under the landlord has been vested in the state and the thika tenant under the landlord becomes the thika tenant under the state. 10. mr. s.b. ..... it is noticed that the 1981 act has brought about drastic changes in the concept of thika tenancy. .....

The Union of India (Uoi) Through the Chief Commercial Manager, (Cateri ...

Court : Patna

..... of india though the chief commercial manager, (catering), east central railway, has filed the present writ application for quashing the demand notices issued under the provisions of the bihar finance act, 1981 (hereinafter referred to as the act) for the assessment years 1999-2000, 2000-2001 and 2001-2002 by the commercial taxes officer, patliputra anchal, patna to the chief commercial superintendent (catering), patna, annexed as annexure ..... lakhisarai to the railway catering service, kiul, lakhisarai for the assessment years 1998-1999, 2002-2003 and 2003-2004 annexed as annexure 2 series in pursuance of the assessment orders passed under section 17 of the act imposing sale tax in respect of sale of foodstuff by the railway catering service to its employees and passengers; as well as restraining the respondent authorities from making recovery of the amount by taking recourse to the ..... learned counsel appearing for the petitioner raised two submissions, namely, that the east central railway which runs a catering services is not a dealer within the meaning of section 2(e) of the act and the goods sold by it is the property of the union of the india and as such it is immune from taxation in view of the provisions contained under article 285(1) ..... with effect from 1.10.2002 consisting of danapur, dhanbad, mughalsarai, sonepur and sarnastipur divisions and it has acquired the assets and liability of the erstwhile eastern railway and north eastern railway with regard those divisions. ..... bengal .....

Smt. Asha Arun Gawli Vs. the State of Maharashtra and Others

Court : Mumbai

Reported in : 1999(5)BomCR828; 1999CriLJ333

..... satisfaction that the detenu, by himself or through his associates has been habitually committing offences punishable under chapter xvi and xvii of the indian penal code and under chapter v of the arms act, 1959 and thus the detenu was found within the purview of a dangerous person within the meaning of section 2(b-i) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and ..... if the propensity or potentiality remains within a few individuals and does not reach even a segment of the community there is no difficulty at all to term such an act as a breach of law and order but if the propensity and potentiality of one act would affect the tempo of life of a segment of the community, one can unhesitatingly say that it affects the public order and comes within the teeth of public order as per the ..... grounds, the cases, with the adverse remarks and applying fully his mind, he has arrived at his subjective satisfaction that the detenu has become a dangerous person as contemplated by the act itself and that therefore since every activity of the detenu has effected the very basic fabric of the society or a segment of the same and that ..... bootleggers, drug offenders and dangerous persons act, 1981, as amended, would clearly reveal that the intention of the detaining authority is not based on any real ground to oblige the political leaders who are now in the possession ..... state of west bengal, : 1970crilj1136 and ..... state of west bengal, : 1970crilj1136 .....

Durgesh Chandra Saha Vs. Bimal Chandra Saha and Others

Court : Supreme Court of India

Reported in : 1996IAD(SC)12; AIR1996SC740; 1996(1)ALD(Cri)766; 1996CriLJ1137; 1995(6)SCALE661; (1996)1SCC341; [1995]Supp5SCR612

..... by the impugned order, the learned judge of calcutta high court inter alia came to the finding that in view of amendment of section 167(5) of the crpc by the west bengal amendment act (act 24 of 1988), the investigation of the entire case was required to be stopped by the trial court after expiry of three years from the first date of appearance of the accused and the court had also a duty to ..... learned counsel appearing for the appellant has submitted that the language of section 167(5) as amended by the west bengal act clearly indicates that the provision of section 167(5) will be made applicable where the investigation is still pending. ..... as amended by the said west bengal act may be stated as hereunder :167(5) if in respect of (i) any case triable by a magistrate as a summons case, the investigation is not concluded with a period of six months, or (ii) any case exclusively triable by court of section or case under chapter xviii of ..... as amended by the west bengal act is quite clear in indicating that the said section is applicable only in a case where the investigation was still pending but not in a case where investigation had been completed and the chargesheet had been ..... amended by the west bengal amendment act 24/88. ..... as amended in west bengal imposes a responsibility on the court namely to stop any further investigation and simultaneously to discharge the accused persons against whom the investigation was then ..... west bengal and on such complaint a police case ..... north 24 .....

Adil Chaus Son of Hamad Chaus. Vs. the Commissioner of Police.

Court : Mumbai

..... apart therefrom, the commission further observed that the commission shall have the exclusive jurisdiction on the case of the detenu, in terms of section 127-f(2) of the customs act, 1962 to exercise the powers and perform the functions of any officer of customs, to the exclusion of all other officers of customs and it is on this score that mr. ..... we would like to record, however, another more important feature at this juncture: on an application before the settlement commission under section 127-b of the customs act filed by the detenu on 8-2-2001 the settlement commission on 15-2-2001 after hearing the applicants and the department, was pleased to admit the applications of the detenu and passed an order directing the detenu to make payment of ..... 3) the petitioner challenges order of detention passed on 30-8-2011 by the commissioner of police aurangabad under section 3(1) of the maharashtra prevention of dangerous activities of slumlords, bootleggers, drug-offenders and dangerous persons act, 1981 (for short, "mpda act, 1981"). ..... in pursuance of section 8 of the mpda act, 1981 the commissioner of police aurangabad communicated the grounds on which the detention order was passed. ..... state of west bengal [air 1975 sc 623] the supreme court held that on a habeas corpus petition, what has to be considered by the court is whether the detention is prima facie legal or not, and not whether the detaining authorities have .....

B.K. Adarsh Vs. Union of India and Others

Court : Andhra Pradesh

Reported in : AIR1990AP100

..... the principal act was further amended by the cinematograph (amendment) act, 1981 (act 49 of 1981) for short, 'the third amendment act', which came into force w.e.f ..... the contention of sri subhashan reddy, learned counsel for the petitioner is that the 3rd amendment act 49 of 1981 merely amends sections 3, 4, 5a and 5b and no amendments to sees. ..... he is a visiting professor of several universities on faculty of preventive medicine and social science not only in india but also abroad ..... anjanayulu, distinguished and eminent professor in social science and preventive medicine, osmania university who is a recipient of b. c. ..... thus, it is the settled law that the object of the 3rd amendment act has to be gleaned from the purpose it seeks to serve and to find whether there are any ..... 20 which reads:'the cinematograph (amendment) act, 1974 is hereby repealed'.the principal act was amended by the cinematograph (amendment) act, 1984 (act 56 of 1984) for short, 'the 4th amendment act' merely omitting section 6-b and introducing amendment to section 7 of the principal act.6. ..... section 5-a gives powers to the board to grant certification after examining the film in the manner provided in the act that it is suitable for unrestricted public exhibition or restricted to adults (a) certificate etc. ..... regents of 'university of new york (1959) 3 law ed 2d 1512 dealing with lady chatterley's lover case the supreme court of united states of america upheld propagation of adultery not offending freedom of expression .....

Smt. Gobibai V. Ghanavat Vs. the State of Maharashtra and ors.

Court : Mumbai

Reported in : 2003BomCR(Cri)851; 2003(2)MhLj851

..... were filed in four cases against the detenu for seizure of cans of illicit liquors and glasses smelling of alcohol from his house, car and place in front of his house when the police were acting on the prior information that he was dealing in illicit liquor, could be the basis for arriving at the subjective satisfaction that the detenu was a bootlegger within the meaning of the definition of bootlegger given ..... offenders and dangerous persons act, 1981 (amendment 1996).2. ..... i have carefully gone through the material placed before me and i am subjectively satisfied that you are acting in a manner hazardous to the safety and security of the society and consequently prejudicial to the maintenance ..... he was involved in following criminal cases registered against him under the provisions of the bombay prohibition act:on 31st july 2001 information was received that the detenu and his hirelings were transporting illicit liquor ..... hazardous to the society and prejudicial to the maintenance of public order in future and that it is necessary to detain you under maharashtra prevention of dangerous activities of slumlords, bootleggers, drug offenders and dangerous persons act, 1981 (no. ..... on 13/10/2001 acting on the information psi bhalke along with the staff and panchas carried out the raid at about 13.10 hours in the square of pune university in car bearing ..... the accused is not charge sheeted under the bombay prohibition act unless reliance is placed on the ca report to show that the accused was dealing .....

Harihar Prasad Debuka and Etc . Vs . State of Bihar and ors.

Court : Patna

Reported in : AIR1987Pat175; [1987]66STC178(Pat)

..... 1432 -- in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act, 1981 (bihar act 5 of 1981) part-i, the commissioner adopts forms xxvi1ia and xxviiib as the declaration for the purpose of the aforesaid sub-section which a person shall carry in respect of goods being transported for the purpose of verification and ..... merely because the sanction provided for such enforcement would be a penalty assessable as if it wasa violation of the provisions of sub-section (2a) of section 31 of the act, would not make it a tax on goods and thereafter to be overzealously brought within the ambit of article 269 which pertains to the levy of taxes. ..... as i have already shown earlier, the later case which arose in the context of the bihar sales tax act is directly applicable and there is thus a virtual identity with the present case and it cannot be taken out of the ratio of bagrecha's case.21. ..... and commerce goods may well originate either from far off jammu and kashmir in the northwest or from kerala in the deep south, which may have to pass through the state of bihar onwards to west bengal or assam. .....

Mrs. Malabika Dhar and Others Vs. University of North Bengal and Other ...

Court : Kolkata

Reported in : AIR1995Cal303

..... in view of the facts and circumstances elaborately discussed above the impugned action of the north bengal university and its authorities in cancelling the admission of the petitioners is hereby quashed with the direction that the petitioners ..... examination with honours (10 + 2 + 3 system) from the north bengal university and pursuant to an advertisement issued by the said university in the month of september 1994 in the daily newspaper 'uttarbanga sambad' inviting applications for admission to different post-graduate courses in the academic session 1993-94, the petitioners ..... dated 22-2-95 issued by the secretary to the faculty council for postgraduate studies in arts, commerce and law, university of north bengal, to the effect that the writ petitioner no.3 may be provisionally admitted to the m. a. ..... department of sociology and social anthropology, university of north bengal by which the petitioners who were already ..... may not any more recurin future because such events are detrimental not only to the interest of the deserving students but also to the reputation of any university necessarily committed to a degree of responsibility good enough to ensure wholesome effects of its performance upon a vital field like education which is destined to mould the quality of the national life. ..... annual examination and acting on such representation he had taken further action in getting himself admitted to the law college and prosecuting his studies for several months thereby spending money ..... act .....

Kalidas Gangopadhyay and ors., Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : (1997)1CALLT373(HC)

..... course for fresher candidates is restricted to post graduate degree holders only and that is why he had to obtain migration certificate from himachal pradesh university for prosecuting the b.ed course under north bengal university (vide, para 5 of the writ petition). ..... this university having been established by an act of the state legislature, namely, the himachal pradesh university act, 1970 (act no. ..... 6.9.94 written by the university grants commission stating that the himachal pradesh university is included in the list of universities maintained by ugc under section 2(o) of the ugc act and is recognised by the ugc. ..... under section 22 of the university grants commission act, 1956 this university is entitled to confer or grant degrees. ..... the said act received the assent of the president of india on 13.7.70 (vide page 463 of he universities handbook published by the association of india universities in 1992). ..... section 26(1) of the ugc act empowers the ugc to make regulations and rules for certain purposes including the purpose of defining the minimum standards of instruction for the grant of any degree by any university and of regulating the maintenance of standards in universities. ..... the ugc is also authorised under section 13(1) of the ugc act to cause an inspection of any department of a university, after consolation with the university, for the purpose of ascertaining its standards of teaching, examination and research. .....