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Section 193 Of The Sea Customs Act And In Coming To The Conclusion That The Chief Of Customs Authority Was Not An Officer Of Custom - Judgment Search Results

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Jan 11 1963 (HC)

Muppana Somaraju and Veeraraju Vs. Commissioner of Income-tax, Andhra ...

Court: Andhra Pradesh

Reported in: [1964]51ITR131(AP)

v. Emperor that for the purpose of punishing offences under section 193 and 228, Indian Penal Code (and under no others), Emperor that for the purpose of punishing offences under section 193 and 228, Indian Penal Code (and under no others), the we are concerned. He may have relief under the Income-tax Act or he may not, but we are not concerned with Tribunal as erroneous in law would not justify it in coming to a contrary conclusion or reversing the finding of the is open to a Tribunal to come to a different conclusion to the one arrived at by that very Tribunal earlier is valid in law ?'The learned judges, his Lordship the Chief Justice and Jaganmohan Reddy J., after discussing the law in denial of justice and the court may prevent an income-tax authority from doing something which would be unjust and inequitable.'In that proceedings. If the Income-tax Officer was aware that a competent officer of the department - whether it be himself or another

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Sep 12 1988 (SC)

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court: Supreme Court of India

Reported in: AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

the accommodation on the ground of bona fide requirement under Section 21(1)(a) before the Prescribed Authority. The expression 'Prescribed Authority' as 20, 1987 the learned Metropolitan Magistrate issued process under Section 193 of the Indian Penal Code against the appellant and further also referred to Sub-section (4) of Section 108 of the Customs Act, 1952 which provision is in pan materia with Sub-section tribunal constituted by or under a Central, Provincial or State Act if declared by that Act to be a Court for The learned Chief Justice then concluded:(A)fter careful consideration, we have come to the conclusion that the view taken by the Bombay (5) of Section 5, the learned Advocate-General contends that the conclusion is irresistible that a Commission of Inquiry is a Court No. 1121(w) of 1987 in the Court of the Additional Chief Metropolitan Magistrate at Esplanade, Bombay. On the same day, the fiction that 'any proceeding under this Act before an income-tax authority shall be deemed to be a judicial proceeding within the but has referred to the authority as the Rent Control Officer which expression is not used in the Act. Presumably, when also referred to Sub-section (4) of Section 108 of the Customs Act, 1952 which provision is in pan materia with Sub-section

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Mar 04 1959 (HC)

Kunhi Lekshmi Alias Leela Amma and ors. Vs. Mrs. R. Rugmani Alias Subh ...

Court: Kerala

Reported in: AIR1960Ker47

Mr. Kuttikrishna Menon the four conditions necessary and prescribed under Section 193 for the learned Judge to issue a summons under to say that he made the requisite enquiry under Section 193 of the Indian Succession Act and that he is satisfied an officer who shall take an inventory of effects, and seal or otherwise secure the same, upon being applied to for to be as effective as an application under, the Succession Act since without an inventory of all the valuables, account books the deceased was insured for very large amounts in several insurance companies and had current accounts in several banks and also that the Judge shall have the power to appoint an officer who shall take an inventory of effects, and seal or

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Dec 17 1991 (HC)

ismail Khan Vs. the State

Court: Karnataka

Reported in: 1992CriLJ3566; 1991(4)KarLJ262

to be a civil court and, therefore, for purposes of Sections 193 and 228, IPC a fortiori any proceeding before it be tried for having committed the offence punishable under section 193, I.P.C. during the course of the trial in C.C. No. Tribunal constituted by or under a Central Provincial or State Act if declared by that Act to be a Court for should direct prosecution.' In this case, the J.M.F.C. has only come to the conclusion on the basis of the previous complaint to the show cause notice and he came to the conclusion that the petitioner should be tried for having committed the Justice Chandavarkar, the case was referred and on a reference Chief Justice Jenkins has held as follows :- 'Per Jenkins, C.J. this pre-condition is not satisfied the Court will have no jurisdiction to take cognizance.' In the case, there is no complaint the purposes of Sections 345 and 346, Cr.P.C. Rent Control Officer, assuming it to be a Tribunal as held by the

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Oct 04 1991 (HC)

Kodati Ramana Alias Venkatarama Rao and ors. Vs. the Station House Off ...

Court: Andhra Pradesh

Reported in: 1991(3)ALT354; 1992CriLJ680

(b)(i) of any offence punishable under any of the following sections of the Indian Penal Code (45 of 1860), namely, Ss. in so far it relates to the offences u/Ss. 192, 193 and 465 - 467, as held supra, is not maintainable in any case, the Judicial Officer conducts judicial proceedings and acts in the capacity of a Court. The word 'any' which complaint filed by the 3rd respondent against the petitioners. 10. Coming to offences mentioned in the complaint viz., Ss. 465, 466 case of the petitioners that the 2nd respondent has no jurisdiction to take cognizance of offences alleged unless a complaint is the 2nd respondent referring the complaint to the Station House Officer, Penpahad Police Station, the 1st respondent, u/S. 156(3) of the

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Jan 27 1981 (SC)

State of Karnataka Vs. Hemareddy Alias Vemareddy and anr.

Court: Supreme Court of India

Reported in: AIR1981SC1417; (1981)83BOMLR233; 1981CriLJ1019; 1981(1)SCALE206; (1981)2SCC185; [1981]2SCR695

without promoting the real purpose and object underlying these two sections. The Court in such a case may not be in (A-2) and the acquittal of Hemareddy alias Vemareddy under Section 193 I.P.C. and dismiss the appeal to that extent but allow was committed in relation to a proceeding which was not actually pending in the Court but was only under contemplation the to the evidence relied upon by the learned Judges for coming to the conclusion that Hemareddy alias Vemareddy is guilty under relied upon by the learned Judges for coming to the conclusion that Hemareddy alias Vemareddy is guilty under Section 467 read But no offence under Section 193 I.P.C. falling within the scope of Section 195(1)(b) of Cr.P.C. could be stated to have or about 1953. Thereupon, Narsappa Eliger made inquiries in the Office of the concerned Sub-Registrar and learned that the sale deed

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Jan 11 1993 (SC)

Kishun Singh and ors. Vs. State of Bihar

Court: Supreme Court of India

Reported in: 1993(41)BLJR309; 1993CriLJ1700; 1993(1)Crimes494(SC); JT1993(1)SC173; 1993(1)SCALE79; (1993)2SCC16; [1993]1SCR31

detained and proceeded against. There is no express provision in Section 351 for summoning such a person if he is not High Court of Patna rightly appreciated the shift in Section 193 of the Code from that under the old Code in court to pass a similar order in similar circumstances. The search for such a provision would be justified only on the surfaces from the material placed before him, what course of action should be adopt?15. The learned Counsel for the State, therefore, Section 319 deals with only one situation, namely, the complicity coming to light from the evidence taken and recorded in the out the real offenders and if it comes to the conclusion that besides the persons put up for trial by the that effect was submitted on 4th September, 1990 to the Chief Judicial Magistrate on which no orders were passed. The concerned Session complete and unfettered jurisdiction of the court of original jurisdiction to take cognizance of the offence which would include the falsely named in the First Information Report and the investigating officer had rightly omitted their names from the charge-sheet filed in

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Dec 21 1973 (HC)

Delhi Guest Houses Vs. New Delhi Municipal Corporation

Court: Delhi

Reported in: 1974RLR267

Section 193(2) of the Act. A lease is defined in Section 105 of the Transfer Property Act. (...) (7) This definition the resolution. The question is, whether the terms of Section 193(2) enable the Municipal Committee to insist on a No Objection power of the ) Municipal Committee under the Punjab Municipal Act, 1911, in a case like the present. (3) The procedure lease itself. (11) In the view of this discussion, I come to the conclusion that a writ of mandamus has to in that document. If the Municipal Committee comes to the conclusion that a hotel is not a residential building, it may there bye-laws to submit a No Objection Certificate from any authority. However, it is quite clear that the Punjab Municipal Act, future when plans for such cases are submitted to the Office, they may be returned to the party if they are

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Aug 18 1965 (SC)

Dr. S. Dutt Vs. State of Uttar Pradesh

Court: Supreme Court of India

Reported in: AIR1966SC523; 1966CriLJ459; [1966]1SCR493

which is essentially an offence covered by the provisions of section 195 prosecution for such an offence cannot be taken cognizance necessary to mention again that for the offences under Sections 193 and 196, Indian Penal Code there could be no prosecution first clause embraces cases of dishonest and fraudulent making, signing, sealing and executing of a document or a pat of document in the Larceny Act of 1861 and in the Companies Act of 1862 in England the expression was 'with intent to We are, therefore, satisfied that Dr. Dutt's conduct does not come within s. 471. On the other hand, it falls within only. In Emperor v. Rana Nana I.L.R. 46 Bom. 317, Chief Justice Macleod considered the word to be of wider import in the case deals with prosecutions for contempt of lawful authority of public servants and provides inter alia that prosecutions for filed against Dr. Dutt in the Court of the Judicial Officer HI, Hardoi by the C.I.D-Police, Lucknow. 3. The case went

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Nov 16 1977 (SC)

K. Karunakaran Vs. T.V. Eachara Warrier and anr.

Court: Supreme Court of India

Reported in: AIR1978SC290; 1978CriLJ339; 1977(0)KLT981(SC); (1978)1SCC18; [1978]2SCR209

Section 193 IPC after a regular enquiry carefully made under Section 340 Cr. P.C. According to Mr. De a prima facie to establish all the ingredients of the offence under Section 193 IPC against the appellant and the decision will be based for the Court to take action. When the Court takes action it is a species of falsehood clearly defined under Section 340(1) Cr.P.C, should not weigh with the criminal] court in coming to its independent conclusion whether the offence under Section 193 court.23. In this case the High Court came to the conclusion in the enquiry that Shri Karunakaran's first affidavit of 31st look into the matter and help the petitioner.Shri Karunakaran as Chief Minister made his first affidavit on March; 31, 1977, and individuals, selfishness of man, desire to continue in position and power, lining up with the high and mighty, lead to lies, as disclosed in the report dated 17-5-1977 of the investigating Officer.13. It will be of relevance now, as indicated at the

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