Court : House of Lords
..... , mr mcnulty sought to argue that the jury, as a separate entity, fell to be regarded as a "public authority" for the purposes of section 6(3) of the human rights act 1998. it is, however, for the court, comprising both the judge and jury, that the united kingdom government is responsible in international law before ..... of development of english criminal law governing confessions has reached is the statutory provision contained in section 76(2) of the police and criminal evidence act 1984 ("pace"), which is mirrored in the police and criminal evidence (northern ireland) order 1989, art 74(2) (si 1989/1342 (ni 12)): "if, in any proceedings where the prosecution proposes to give ..... "nothing in this part of this act shall prejudice any power of a court to exclude evidence (whether by preventing questions being put or otherwise) at its discretion." in r v sat-bhambra [1989] 88 cr app r 55 the court of appeal held that where a judge had ruled under section 76(2) that a confession was admissible .....
Tag this Judgment!Court : Andhra Pradesh
..... for the petitioner placed reliance. in the said case, the order of detention passed by the detaining authority, terming the detenu as goonda as defined under section 2(g) of the detention act, was questioned by the detenu contending that out of the nine crimes mentioned in the grounds of detention, one crime, registered for the offence punishable undersection ..... the order of detention has been passed by respondent no.1, as confirmed by respondent no.2, terming the detenu as a goonda. as per section 2(g) of the preventive detention act, a person can be termed as goonda only when it is proved that either by himself or as a member of or leader of a gang, ..... the order of detention, terming the detenu as a goonda. he drew our attention to the definition of the term goonda as defined in section 2(g) of the preventive detention act, and submitted that a person who commits or attempts or abets commission of offences punishable under chapter xvi or chapter xvii or chapter xxii of the .....
Tag this Judgment!Court : Andhra Pradesh
..... passed the order of detention, terming the detenu as a "goonda". he drew our attention to the definition of the term "goonda" as defined in section 2(g) of the preventive detention act, and submitted that a person who commits or attempts or abets commission of offences punishable under chapter xvi or chapter xvii or chapter xxii of the ..... , the order of detention has been passed by respondent no.1, as confirmed by respondent no.2, terming the detenu as a "goonda". as per section 2(g) of the preventive detention act, a person can be termed as "goonda" only when it is proved that either by himself or as a member of or leader of a gang, ..... for the petitioner placed reliance. in the said case, the order of detention passed by the detaining authority, terming the detenu as "goonda" as defined under section 2(g) of the detention act, was questioned by the detenu contending that out of the nine crimes mentioned in the grounds of detention, one crime, registered for the offence punishable under .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1987Cal311,(1987)1CALLT354(HC),92CWN166
..... are no longer applicable to the said classes of suits mentioned by section 80 of the indian railways act.'6. section 14 of the indian railways (amendment) act, 1961 (act 39 of 1961) had, inter alia, substituted the previous section 80 of the indian railways act, 1890, by the present provision. the present section 80 of the indian railways act is as follows : --'a suit for compensation for loss of the life of ..... enacting '.....the suit may beinstituted' in the courts having jurisdiction over the places mentioned in the last part of section 80 of the indian railways act, 1890, the said section of the railways act by implication overrides section 20 of the civil procedure code, 1908 and section 18 of the presidency small cause courts act, 1882. the problem may be posed slightly differently. whether in respect of the suits mentioned in .....
Tag this Judgment!Court : Gujarat
Reported in : (1963)4GLR662
..... and retaining of goods as issued under clause(f) of sub-section (1) of section 47 of the indian railways act. charges of wharfage have been fixed by rules framed under section 47 of the railways act which is in chapter vi of the railways act. section 26 of the railways act would not therefore apply to the present case as it is applicable ..... a violation of the provisions of section 32 of the railways act. but if some authority collects rates and charges which are different from the charges prescribed in section 32 of the railways act that would not be a violation or contravention of the provisions of section 32 of the railways act. section 26 of the railways act takes away the jurisdiction of the ..... civil court and has to be strictly construed. the words in violation or contravention of any provision of this chapter which are found in section 26 of the railways act are therefore to be strictly construed.it is true that in the plaint it is stated that the central government has not approved the .....
Tag this Judgment!Court : Kolkata
Reported in : 2009ACJ2398,AIR2008Cal106,2008(2)CHN985
..... of section 23 of the railway claims tribunal act, 1987 ..... of appeal in section 82(f) of the old railways act by section 34 of the railways claims tribunal act and by subsequent repeal and re-enactment of railways act, 1890 through railways act, 1989, the reference of the railways act in appellate side rules should be read as railways claims tribunal act, 1987 and therefore, the appeal arising out of the disputes under the railways act, 1890 since repealed and re-enacted as railways act, 1989 under the provision .....
Tag this Judgment!Court : Karnataka
Reported in : III(2005)ACC322; 2005ACJ1465; ILR2005KAR3671
..... that the jerk which the appellant in that case attributed as the cause was not an accident to the train and his application was therefore not maintainable as per section 124 of the railways act, 1989. the high court of kerala was of the view that though the claims tribunal did not have the jurisdiction to entertain the claim and the appellant could possibly ..... day by any civil court or a claims commissioner appointed under the provisions of the railways act relating to compensation payable under section 82-a of the railways act or the rules made thereunder and on and from the commencement of the provisions of section 124-a of the railways act, 1989 (24 of 1989) the jurisdiction, powers and authority which were exercised immediately before that date by any civil .....
Tag this Judgment!Court : Karnataka Dharwad
..... which provides for grant of retail license in favour of government owned or controlled company without reference to or applicability of rule 12(3) of the rules. section 71(2)(e) of the act provides for regulating the grant of a number of licenses. the grant of license to the government owned/ controlled company without reference to the population in any ..... without reference to rule 12(3) of the rules. rule (11-c) of the rules was inserted by the state government by exercising the power under section 71(2)(e) of the act which provides for regulating the period and localities and the number of licenses 35 to be granted for retail sale of any intoxicant in any local area by ..... be granted in an area and regulating the periods etc. hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on the population. by subordinate legislation, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... which provides for grant of retail license in favour of government owned or controlled company without reference to or applicability of rule 12(3) of the rules. section 71(2)(e) of the act provides for regulating the grant of a number of licenses. the grant of license to the government owned/ controlled company without reference to the population in any ..... without reference to rule 12(3) of the rules. rule (11-c) of the rules was inserted by the state government by exercising the power under section 71(2)(e) of the act which provides for regulating the period and localities and the number of licenses 35 to be granted for retail sale of any intoxicant in any local area by ..... be granted in an area and regulating the periods etc. hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on the population. by subordinate legislation, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... which provides for grant of retail license in favour of government owned or controlled company without reference to or applicability of rule 12(3) of the rules. section 71(2)(e) of the act provides for regulating the grant of a number of licenses. the grant of license to the government owned/ controlled company without reference to the population in any ..... without reference to rule 12(3) of the rules. rule (11-c) of the rules was inserted by the state government by exercising the power under section 71(2)(e) of the act which provides for regulating the period and localities and the number of licenses 35 to be granted for retail sale of any intoxicant in any local area by ..... be granted in an area and regulating the periods etc. hence, the grant of cl-11-c licence in favour of the state companies is contrary to section 71(2)(e) of the act and rules 12(3) of rules which specifies the maximum number licenses to be granted in a local area depending on the population. by subordinate legislation, the .....
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