Court : Chennai
Reported in : 1984(15)ELT289(Mad)
..... in article 22 of the constitution, the requirement of article 21 has nevertheless to be satisfied and that sections 107 and 108 of the customs act vest an uncontrolled and unbridled power in an arbitrary, unreasonable and un-guided manner, on the executive in implementing these provisions at their sweet will, which vesting is violative of the principles of natural justice and article 21, and so the procedure attending upon such power of detention should conform to the mandate of article 21 ..... , a gesture of the index finger or hand, the sway of the head or even the flicker of an eye are enough to convey the meaning to the person concerned that he has lost his liberty and brought under arrest, as pointed out by the division bench in kaiser otmar's case 1981 mad lw 158 : 1981 cri lj 208, then it will not only be in conflict with the modality of arrest ..... reference, the following questions are framed for consideration : (1) when is a person said to be under arrest (2) are the terms 'custody' and 'arrest' synonymous (3) are the customs officials vested with powers under the customs act, 1962 to detain any person for any period and at any place for the purpose of an inquiry, interrogation or investigation (4) will the detention of a person by the customs officers for the ..... . new port corporation, 1952 ac 189 lord simons said : 'the duty of the court is to interpret the words that the legislature has used; those words may be ambiguous, but, even if they are, the power and duty of the court .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ2439
..... act of 1971 it was considered desirable to place section 12 a of the act and section 8a of the criminal law amendment act, 1952 permanantly on this statute book looking to the continued violation and contravention of the act and the orders made thereunder the offences under the act were made non-bailable by amending act ..... appear that the mandate contained in the first proviso that such offences under the other law, as are triable summarily in the other law, may be tried jointly with the offences under the act and the prescription of sentence of imprisonment for a term which may conceivably exceed the limit of two years in exceptional cases in view of the language of the second proviso do not adversely affect the ..... been expressed by the apex court in the case of presidential election 1974, air 1974 sc 1682, where it was observed that (para 13):-in determining the question whether a provision is mandatory or directory, the subject-matter, the relation of that provision to the general object intended to be secured by the act will decide whether the provision is directory or mandatory. ..... in re-presidential election 1974 (air 1974 sc 1682) kailash nath (1989 cri lj 813) and govind lai chagan lal patel (1975 cri lj 1993), discussed above, my approach in the construction of the provisions contained in sections 12a, 12aa(l)(f) and 12aa(2), gets support, i think, from ..... all courts in general and of the special courts in particular would do well to remember the presidential words spoken by dr .....
Tag this Judgment!Court : Chennai
Reported in : AIR1995Mad329
..... referred to by the learned counsel for the petitioner the liability was found to be that of the administrators due to their recklessness or unlawful activities, and therefore the executive limb of the state was saddled with the liability for the lapse or act of commission and omission of its officers and therefore this is not a case where any one or more than one individual could be accused of or made answerable to the resolution passed by ..... the notification issued under the commissions of inquiry act, 1952 issued by the central government, facilitating an enquiry under the said act into the correctness of theallegations against the chief minister of the state and other specified individuals. ..... constitution oflegislature in state declares that for everystate there shall be a legislature which shallconsist of the governor and one house, sofar as the state of tamil nadu is concerned,the extinction of a particular house consequent upon the expiry of the term by effluxof time or dissolution and the reconstitutionof the house after general elections, therefore, cannot be considered to create a vacuumor absolve the 'state' of its responsibilities andduties for ..... the powers, privileges and immunities of the state legislature vis-a-vis the exercise of the jurisdiction conferred upon the high court under article 226 of the constitution of india came up for consideration of the supreme court before a bench of seven learned judges on a presidential reference in air 1965 sc 745 (in re : under .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1701; 1992(2)BLJR1319; 1992CriLJ2717; JT1991(6)SC431; 1991(2)SCALE1273; (1992)1SCC225; [1991]Supp3SCR325
..... with respect to first objection of accused mentioned hereinbefore) they held that an investigation by a police officer under section 5-a of 1947 act was not a pre-condition to the special judge talking cognizance of an offence under section 8 of 1952 act and that, therefore, the special judge was competent to take cognizance of an offence mentioned in section 6(1) upon a private complaint as well. ..... in the recent general elections the petitioner has been elected to parliament. ..... , finds it necessary or advisable to postpone the commencement or, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it considers reasonable, and may by a warrant remand the accused if in custody.provided that no magistrate shall remand an accused person to custody under this section for a term exceeding fifteen days at a time.provided further that when witnesses are in attendance ..... whether the time taken in prosecuting interlocutory appeals should or should not count towards delay, particularly where the accused are released unconditionally during that period.besides the above, certain other american cases and articles by several professors of law in america have been brought to our notice but we do not wish to burden this judgment with all those opinions since most of them either affirm or criticize the principles enunciated in barker .....
Tag this Judgment!Court : Delhi
Reported in : 154(2008)DLT647
..... respondent, shri gurbaksh singh, thereafter filed a petition and the high court had held that the action of the government in starting departmental proceeding amounted to contempt of court and officers conducting and ordering the inquiry were held to be guilty of an offence under section 3 of the contempt of courts act, 1952. ..... if a police officer, with an intention to avoid the effect of the court's order acts in a manner that undermines the dignity and authority of the court, he, without doubt, commits contempt of the court because such a police officer not only undermine the authority of the court but also brings it into disrepute by lowering its authority in the eyes ..... in these circumstances, it was held that such acts were acts of interference with due course of judicial proceedings and to that extent because of their consequences, such acts had resulted in interference with the administration of ..... soni, a complaint was filed under section 138 of negotiable instruments act and under sections 403/406/420/120-b of indian penal code against ..... navin soni had received summons under section 138 of negotiable instruments act and section 403/406/420/120 of indian penal code for dishonour of a cheque bearing ..... 270/2000 under section 379/420/468 and 471 of indian penal code on the ground that his arrest had interfered with the due course of judicial proceedings initiated by him under section 138 of the negotiable instrument act and because his arrest has also obstructed administration of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H81
..... section 102 of the punjab gram panchayat act, 1952, as applicable to the state of haryana and as amended up to date (hereinafter called the act) reads as follows:-- '(1) the deputy commissioner may during the course of an enquiry, suspend a panch for any of the reasons for which he can be removed, and debar him from taking part in any act or proceedings of the said body during that period and order him to hand over the records, money or any property of the said body to the ..... chhina still insisted in his objection as the basic difficulty felt by him was that the power for the removal of an elected panch should lie with the electorate which had elected him, and he thought that the panches would not be able to work well if the government held the power to remove a panch. ..... (4) a person who has been removed under clause (b), (d) or (e) of sub-section (2) shall stand disqualified for re-election for a period of five years from the date of his removal; and a person who was removed under any of the said clauses on or after the 1st day of sep. ..... the reason is obvious, for a panch is member of an elected local body and a representative of his constituency so far as that elected body is concerned, and the legislature did not intend to leave interference with such elected bodies in the hands of local officers by way of starting enquiries against the elected member of such local bodies. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC223; (1972)1SCC148; [1972]2SCR506; 1972(4)LC262(SC)
..... had issued the said regulation under the provision of paragraph 19(1)(b) which are transitional, that is, until a district council for the area was constituted, which was done in june 1952, that once such a council was set up, he could not exercise the power under paragraph 19, that any regulation made thereunder could remain effective until that period only ..... the validity of the united khasi-jaintia hills districts (application of laws) regulation, v of 1952 promulgated by the governor of assam under paragraph 19(1)(b) of the sixth schedule to the constitution, the notification, dated september 8, 1961, issued thereunder extending thereby the eastern bengal and assam excise act, 1910 to the united khasi-jaintia hills district, and the order of the deputy commissioner refusing renewal of a permit authorising the respondents to distil liquor ..... state legislature shall apply to any such area unless the governor so directs, or, that such act shall apply to the area or any specified part thereof subject to such exceptions or modifications as he thinks fit, and(b) he may make regulations for the peace and good government of any such area and any regulation so made may repeal or amend any act of parliament or of the state legislature or any existing law which is for the time being ..... to that power is the requirement of the presidential assent without which the regulation would have ..... the constitution of the district and regional councils, the election of their members and the term of office of .....
Tag this Judgment!Court : Allahabad
Reported in : 2007CriLJ170
..... include such conditions in such directions in the light of the facts of the particular case, as it may thinks fit, including -(i) a condition that the person shall make himself available for interrogation by a police officer as and when required; (ii) a condition that the person shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to ..... station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the state government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts ..... air2004sc1975 , the hon'ble apex court while dealing with a case of election under the provisions of maharashtra cooperative societies act, 1960, held that interim relief should be granted if so required but ..... : [1952]1scr28 , wherein the orissa high court while dismissing the writ petition without entering into the merit of the case, relegated the petitioner therein to the civil court as the petition raised disputed questions of fact, had granted the interim relief for a limited period to facilitate the petitioner to approach the civil court and obtain interim .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... notwithstanding anything contained in clause (1), the president shall act in his discretion in respect of any matter in respect of which he is empowered by the constitution to do so (and the validity of anything done by the president in his discretion shall not be called in question on any ground whatsoever.the presidential order read as follows: whereas the objects and purposes for which the national assembly was elected have not been fulfilled; and whereas the law and order in the country have broken down to an ..... of india : [1978]2scr1 , once again examined the relevant provisions of the constitution and the commission of inquiry act, 1952, and observed in paragraph 33 as under :in our country, there is, at the top, a central or the union government responsible to parliament, and there are, below it, state governments, responsible to the state legislatures, each functioning within the sphere of its own powers which are divided into two categories, the exclusive and the concurrent ..... government should move either on the federal or unitary plane are matters for the union government itself or for this court to consider and determine.when the union government issued a notification dated 23rd may, 1977 constituting a commission of inquiry in exercise of its power under section 3 of the commissions of inquiry act, 1952, to inquire into certain allegations made against the chief minister of the state, the state of karnataka instituted a suit under ..... officer, namakkal constituency [1952] scr 2181 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... courts challenging their detention on the ground that the impugned act and the rules are void because they contravene articles 14, 21 and 22, are incompetent for the reason that the fundamental rights which are alleged to have been contravened are specified in the presidential order and all citizens are precluded from moving any court for the enforcement ..... authorising detention or if there is such law, otherwise than in accordance with its provisions, that would clearly be in violation of the right conferred by article 21 and such violation would a fortiori be immune from challenge by reason of the presidential order: it must follow inevitably from this that when a detenu challenges an order of detention on the ground that it is mala fide or is not in ..... sending out of jail by a detenu of a book on matters of scientific interest only, for publication, was quashed by a high court, under article 226 of the constitution, despite the presidential order under article 359 of the constitution, on the ground that there was no condition at all in the bombay conditions of detention order, 1951, authorising the government of maharashtra to prohibit ..... section 105 of the representation of the people act, 1951 which gave finality to an order made by the election tribunal, observed that that section cannot 'cut down and affect the overriding powers which this court can exercise in the matter of grant of special leave under article 136', and the same rule was applied to article 226 ..... 1952 .....
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