Court : Kolkata
Reported in : 2008(2)CHN1022
..... mukherjee, learned counsel appearing for the union of india has placed the order before us and submitted that the offence against the accused was under section 18(c) of the ndps act.3. according to shri mukherjee the punishment for violating the said provision was rigorous imprisonment for ten years with fine which may extend to one lakh rupees. accordingly, the statutory .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (2007)(123)ECC120
..... boundary was 18 miles from delhi), and the appellants, along with others, were prosecuted and convicted for an offence under section 7 of the essential commodities act, and the supreme court, while holding that no offence has been committed by the appellant nor was there an attempt to commit an offence analysed the question ..... largely on the circumstances of the particular case. "attempt" defies a precise and exact definition. broadly speaking, all crimes which consist of the commission of affirmative acts are preceded by some covert or overt conduct which may be divided into three stages. the first stage exists when the culprit first entertains the ides or intention ..... under: 13. well "outlines of criminal law" defined then, what is an "attempt"? kenny is his "attempt" to commit a crime as the "last proximate act which a person does towards the commission of an offence, the consummation of the offence being hindered by circumstances beyond his control". this definition is too narrow. what .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (2007)(123)ECC133
..... regulation also does not bring the appellants to charge, they should be charge free. there is no doubt that the statement under section 108 of customs act, 1962 is not recorded by a police officer under section 164 criminal procedure code but a statement recorded under customs law cannot be simply believed without any evidence corroborating ..... therefore, the smuggled money should not be treated as the genuine transaction value. the ld. jdr also submitted that the statement recorded under section 108 of customs act, 1962 has full proof strength against the appellants. therefore, that was rightly followed by the first appellate authority.4. the order of adjudication has made following ..... by the ld. appellate authority below. the hostile approach by the ld. commissioner (appeal) even stating that the plea of defence under foreign exchange regulation act having been laid for the first time before him is sufficient enough to bring to record that how he intended to discard the full proof test made .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN1018
..... company of the 7 accused persons and simply on the basis of hearsay evidence that he was a man of bangladesh, a charge under section 14 of the foreigner's act was added as against the present accused.10. thus, having regard to the circumstances, i hold that the prosecution case could not be proved on the very reasoning given ..... including the present appellant. i fail to reconcile myself with the treatment of the learned judge when he convicted the present appellant under section 25(1)(a) of the arms act. the judgment of the learned judge is not clear as to whether he was totally disbelieving the prosecution case that the accused persons had assembled opposite the bisk farm in ..... five years with a fine of rs. 5,000/- i.d. to suffer s.i. for one year on account of offence under section 14 of the foreigner's act.4. the grounds of revision are that the learned court below did not appreciate the fact and circumstances of the case. the learned judge misread, misunderstood the evidence on record .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN629
..... be extended either under section 148 or section 151. we are dealing with a case where the time is fixed or granted by the court for performance of an act prescribed or allowed by the court.15. these observations clearly show that the court would have inherent jurisdiction to extend the time-limit beyond the maximum period prescribed, ..... cannot be said to have been exercised arbitrarily. in fact, the judgment of the learned single judge is strictly within the parameters of section 5 of the limitation act. according to the learned counsel, the appellant cannot be permitted to say that the delay ought to be condoned as he has not been correctly advised by the ..... be stayed for seven days.let this case be fixed on 10th august, 2007 under the hearing 'undefended suit'.the application is disposed of accordingly.all parties to act on a xerox signed copy of this dictated order upon usual undertaking.10. this order has been challenged in the present appeal. we have heard very lengthy arguments .....
Tag this Judgment!Court : Kolkata
Reported in : [2008]143CompCas837(Cal)
..... in the company petition that by conducting any affair of the hpl, the gowb and the wbidc had oppressed the petitioners therein, in the sense that the act or acts defeated their legitimate expectation of getting management control of the hpl through transfer of shares by wbidc to the chatterjee group, the board was not competent to ..... being in the nature of a quasi partnership the petitioners therein were entitled to seek application of the doctrine of legitimate expectation in the context of oppressive act or acts of the gowb and the wbidc leading to frustration of assurances and commitments given by the agreements for giving management control of the hpl to the chatterjee group ..... shares of its own accord, a case of oppression stood established.91. the petitioners in the company petition were required to plead and prove the act or acts of oppressions, and an act or case of oppression was not to be searched out somehow by the board; it was just to be apparent, having been established. i am .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(3)CHN817
..... 11. last but not least although in the instant criminal revisional application the petitioner challenged the order of taking cognizance of offence punishable under section 135 of the electricity act by the learned chief judicial magistrate, birbhum on a police report i.e. chargesheet but it appears from the perusal of the records that such cognizance was taken ..... offence punishable under section 135 of the electricity act on a chargesheet submitted by a police officer is illegal and without jurisdiction.2. so far as the impugned order dated january 9, 2007 is concerned, i ..... suri, birbhum, in connection with g.r. case no. 65/05 arising out of sadaipur police station case no. 5/05 under section 135 of the electricity act and under section 379 of the indian penal code as well as prayed for quashing of the proceedings relating to the said case on the ground taking cognizance of an .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN516
..... without having any right in respect of the said godwon failed to exercise the right of sale of such goods under section 62 of the major port trusts act. the respondent, port authorities, having failed to exercise its right of sale to mitigate loss has lost its alleged claim for damages arising on account of unauthorised ..... for unauthorised occupation. as such claim cannot be termed to be a rate leviable in respect of any goods including any toll, due rent, fee charge under the act. hence, section 59 has no manner of application. he urges that port authorities are disentitled to the claim of lien on account of damage for alleged illegal, unauthorised ..... damages cannot be waived nor be reduced. he submits that port authorities has got hen under section 59 of the major port trusts act for realisation amongst others of any charges leviable under the act. under these circumstances, he urges that without securing the claim of port authorities on account of damages the logs cannot be allowed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal1,2008(2)CHN18
..... manner presented and compute the proper stamp duty chargeable on the market value so ascertained and thereafter he shall, notwithstanding anything to the contrary contained in the registration act, 1908, insofar as it relates to registration, keep registration of such instrument in abeyance till the condition referred to in sub-section (2) or sub- ..... conveyance etc. undervalued run as follows:47a--instruments of conveyance, etc., undervalued, how to be dealt with.--(1) where the registering officer appointed under the registration act, 1908 (16 of 1908), has, while registering any instrument of-(a) agreement or memorandum of an agreement relating to a sale or lease-cum-sale of ..... for me state, on referring to articles 63 and 23 of schedule ia, definition of 'market value' as embodied in section 2(16b) of the indian stamp act, 1899, as amended and rule 3(2) of the west bengal stamp (prevention of undervaluation of instruments) rules, 2001 assailed the impugned judgment and order contending .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(1)CHN198
..... goods in container in the customs warehouse outside the port premises and the customs authorities should dispose of the application in accordance with section 49 of the customs act within one month from the date of receipt of the application. it is made clear that if in the meantime the port authority received any communication from ..... naturally, the legal issue would be involved in this connection, whether the port authority's negligent in discharging the duty under the provisions of the major port trusts act or not.10. mr. shibdas banerjee, learned senior counsel for the appellants, submits that his client is supplier of the container and not the owner of the ..... port authority and further fixing the primary responsibility on the appellant. according to him, bye-law 55c cannot override the provision of section 62 of the said act. he has further contended that at earlier stage in the division bench judgment dated 4th september, 1997 it has been clearly decided that the port authority is .....
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