Court : Supreme Court of India
Reported in : AIR1962SC276; 1985(5)LC2194(SC); [1962]3SCR338
..... and section 20 deals with the authority they can exercise. they can exercise such authority as is provided for a police officer under the police act and any act for regulating criminal procedure. the authority given to police officers must naturally be to enable them to discharge their duties efficiently. of the various duties ..... of barkat ram. 37. learned counsel for the state contended that customs officials are not police officers within the meaning of section 25 of the evidence act, and, therefore, the statements made by the respondents confessing their guilt were admissible in evidence and the convictions based thereon were sustainable. 38. before considering ..... as the advantage of proving such exported confessions during the trial of accused persons. ' 46. it is, therefore, clear that section 25 of the evidence act was enacted to subserve a high purpose and that his to prevent the police from obtaining confessions by force, torture or inducement. the salutary principle underlying .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC375; 1954CriLJ993; (1954)IMLJ702(SC); [1954]1SCR1150
..... both finality and authoritativeness which are the essential tests of a judicial pronouncement. the opinion is not even binding on the government. under section 22 of the act, the government can, after receipt of the report, call upon the commissioner to take further evidence or give further explanation of his opinion. when special commissioners ..... questions raised are undoubtedly of some important and require to be carefully examined.9. it is true that the commissioner appointed to make an enquiry under act xxxvii of 1850 is invested with some of the powers of a court, particularly in the matter of summoning witnesses and compelling the production of documents and ..... for our present purpose that the allegations which these charges are based are substantially the same which formed the subject-matter of enquiry under the public servants (inquiries) act of 1850. the question narrows down to this : whether the petitioner had already been (1) prosecuted and (2) punished for these offences 8. mr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1320; [1960]39ITR723(SC)
..... of rescinding an exemption, reduction or modification already made.' 7. consequently neither the letter of the central board of revenue nor the provisions of the income-tax act can operate in favour of the contention of the association raised before us and the first question was rightly answered in the negative. 8. the next question raised ..... the high court. 6. taking the first question both on the terms of the letter dated november 13, 1945, and under the provisions of the income-tax act the exemption is inoperative in regard to the claim made by the association. the letter gave exemption on certain conditions in regard to incom-tax, super-tax or ..... paid by the government to the association during the first chargeable accounting period was excluded under the provisions of section 4, proviso (c), of the business profits tax act, being a subsidy. these contentions were rejected by the income-tax officer any by the income-tax appellate tribubnal. the tribunal held that the business profits tax .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325
..... authority. a chargesheet was issued to the respondent. the evidence in support of the same was recorded. thereafter a summary security force court as provided under the act was constituted and the respondent was put on trial on 17.2.1988. during the recording of the evidence, though the respondent was given an opportunity to cross ..... to the concerned authority mentioned therein against the order passed by any security force court. section 117 reads as under: 117(1) any person subject to this act who considers himself aggrieved by any order passed by any security force court may present a petition to the officer or authority empowered to confirm any finding or ..... in support of its decision.(emphasis supplied) in union of india v. jyoti prakash mitter : (1971)illj256sc a question came up whether an order passed by president acting under article 273 of the constitution of india is justiciable. this court held that the appreciation of the evidence by the president is entirely left to him but .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC512; [1969(19)FLR293]; 1970LabIC411; (1969)IILLJ540SC; (1969)2SCC598; [1970]1SCR808
..... . counsel for the company argued that once the standing orders are certified and come into operation, they would, subject to their modification as provided under the act, bind all workmen, irrespective of whether they were employed before or after they came into force, and that therefore, the labour court was in error in ..... appeal, by special leave, two questions arise : (1) whether standing orders govern the employees appointed before they are certified under the industrial employment (standing orders) act, 20 of 1946, and (2) whether the appellant-company was entitled to terminate the service of a workman appointed as a probationer before the expiry of the period ..... , 1935 and 1937 respectively, long before the company's standing orders were certified and brought into force in 1951 and who were superannuated under standing order 32 of the said standing orders. prior to 1951 there were no rules or conditions of service prescribing the age of superannuation. standing order 32 for the first .....
Tag this Judgment!Court : Kerala
Reported in : AIR1983Ker283
..... decisions in badrulnisa bibi v. mohammad yusuf (air 1944 all 23), zafar hussain v. akbari begum (air 1944 lah 336) and jamila khatun v. kasim ali (air 1951 nag 375). the view expressed in those decisions was accepted by a learned single judge of the andhra pradesh high court in the decision in ahmed abdul qadeer v. ..... marital obligations for a period of three years. the words 'without reasonable cause' are significantly absent in clause (ii). as earlier stated, the dissolution of muslim marriages act, 1939 is an enactment to consolidate and clarify the muslim law relating to a woman's right to obtain a decree for dissolution of marriage. the husband has absolute ..... an outlet; but, it cannot equally be forgotten that the dissolution of a muslim marriage at the instance of the wife is governed by the provisions of the act, and the words occurring in the enactment have to be given their ordinary and reasonable meaning nor are there any compelling reasons to place a highly restrictive meaning .....
Tag this Judgment!Court : Kerala
Reported in : [1974]34STC467(Ker)
..... appellate tribunal was justified in law in holding that regarding the transactions impugned, the assessee was acting only as an agent?b. is the interpretation of the agreement dated 11th february, 1967, by the appellate tribunal correct? is not the jural relationship between the ..... the view that the transactions between the distributor and the company are only agency transactions and explanation (5) to section 2(xxi) of the kerala general sales tax act, 1903, would not apply to the case. the questions raised in this revision are:a. whether, on the facts and in the circumstances of the case, the ..... distributor, no purchase was made from the company of the goods covered by the agreement and supply was made by the company to the consumers direct, the distributor acting only as an agent. that plea did not succeed before the assessing authority or the appellate assistant commissioner. the sales tax appellate tribunal by a majority, the .....
Tag this Judgment!Court : Kerala
Reported in : [1979]44STC191(Ker)
..... not use and consumption but use orconsumption. the two expressions, therefore, connote different meanings. inmurray's new english dictionary, the word 'use' is defined as: 'act of employing a thing for any (especially a profitable)purpose; the fact, state, or condition of being so employed: utilization oremployment for or with some aim or ..... other mills, and sold rice to the government and other registereddealers, were entitled to exclude the turnover relating to the paddypurchased. under the concerned sales tax act, exemption was provided frompayment of sales tax, if the identical paddy in respect of which purchase taxwas levied, was sold again, and not if the ..... paddy, could be included within theexpression 'foodgrains' for the purpose of earning the exemption under section3-d, clause (1), of the u.p. sales tax act. the decision is not as stronglyappropriate to the point under consideration as the mysore case1. but we maynote the following observations:reverting now to the maincontention, .....
Tag this Judgment!Court : Gujarat
Reported in : (1988)2GLR1390; (1988)2GLR594
..... next question, therefore, is whether an individual like the plaintiff can move the commission to hold an inquiry. section 36b of the monopolies and restrictive trade practices act is as under :'36b. the commission may inquire into any unfair trade practice,- (a) upon receiving a complaint of facts which constitutes such practice from ..... 21. thus, impliedly, the jurisdiction of the civil court is asserted in this observation.22. mr. nanavati submitted that in the monopolies and restrictive trade practices act, there are adequate provisions introduced to suggest that it is a self-contained code and the jurisdiction of the civil court is, therefore, barred. he referred ..... the retailers. the submission which looks attractive at first blush is not sound in its content. the reason is that the monopolies and restrictive trade practices act steps in whenever an unfair trade practice has the effect of eliminating or restricting competition in the trade. the opening part of section 36a clearly states, .....
Tag this Judgment!Court : Gujarat
Reported in : (2004)2GLR1764
..... rehabilitation of such persons;(xviii) the local cell shall periodically check-up the conditions in the protective homes or corrective institutions established under the act in city and district of surat, and, if any violation of the rules relating to maintenance of such homes/institutions are noticed, report ..... as prostitution services, including date clubs, various kinds of services in adult entertainment, business facilities, meet and mate on the internet etc. pornography acts as an arm of prostitution and often women coerced into pornography are coerced into prostitution.8. economic crisis, natural diseases, political unrest and conflict ..... 1) providing a summary procedure for closing down obnoxious places of prostitution, without going through the detailed process of a criminal prosecution, was a quick-acting defensive mechanism, 'calculated to extinguish the brothel and promote immediate moral sanitation, having regard to the social susceptibility of places like shrines, schools, .....
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