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State of R Vs. Bhagwan Das Agrawal and ors.

Court : Supreme Court of India

..... similar charge-sheet under sections 420, 467, 468, 471, 120-b, 201/34, ipc read with sections 9b and 9c of the explosives substances act, 1884 and sections 4, 5 and 6 of the explosive substances act, 1908 was filed after investigation into another fir lodged at police station chanderi, district ashok nagar as fir/ crime no.310/2010 on 26.8.2010 for the supply of explosives during the period from 1.4.2010 to 30.6.2010 ..... reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.2118 of2013(arising out of special leave petition (criminal) no.8402 of 2011) state of rajasthan ..appellant versus bhagwan das agrawal & others .respondents with criminal appeal no.2119 of2013(arising out of special leave petition (criminal) no.2180 of 2012) girdhar & others ..appellants versus state of rajasthan & another .respondents judgment ..... discontinued, was allowed, the appellant-state of rajasthan has preferred the special leave petition being no.8402 of 2011.3. ..... hence, both the special leave petitions are before ..... it is further alleged in the special leave petition that even the committee comprising sub-divisional magistrate, deputy superintendent of police and general manager of district industrial centre in its report submitted to the superintendent of police, dholpur has stated that ..... in the special leave petition, the appellant-state of rajasthan has contended that in connivance with respondent no.1 herein 103 trucks of explosives were delivered to the magazines of .....

Sebi Vs. Vb Impex Pvt. Ltd. and Its

Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT

..... and circumstances and considering the replies of entities/persons, the issues to be decided are (a) whether the kolkata and delhi based allottees, shri sanjay kumar gupta and other entities mentioned above either individually or acting in concert with other people had facilitated kp entities in manipulating the market in the shares of padmini in violation of the provisions of regulations 3 and 6(a) of the futp regulations and (b) whether the transactions by these allottees ..... the circumstances are tell-tale and the presumption based upon them should prevail, more so where intentions are shrouded in secrecy or within the special or peculiar knowledge of persons concerned.several circumstances of a determinative character coupled with the inference arising from the conduct of the parties in a major market manipulation which could not simply be the handiwork of ..... it is well settled principle of statutory construction that it is the duty of the court to further parliament's aim of providing of a remedy for the mischief against which enactment is directed and the court should prefer construction which will suppress the mischief and ..... ...it cannot be gainsaid that sebi has to regulate speculative market and in case of speculative market varied situations may arise and looking into the exigencies and requirements, it has been entrusted with the duty and functions to take such measures as it thinks fit. ..... it would be the duty of the court to further the legislative object of providing a .....

Moncure Vs. Zunts

Court : US Supreme Court

..... the strict grammatical construction of the seventh section, relied on by the counsel of the defendant in error to show that the act of 1824 has been repealed or modified, limits its application to such advertisements and publications as must be adjusted by the proper accounting officers, and paid in the ..... of procedure and the civil code of that state differing so widely from the system of common law adopted in all the other states, was the reason of this special purpose of congress to require the federal courts in that state to conform to the usages of the local law. ..... of the sale, who asked for the opposite construction, charged that an advertisement of the property sold by the marshal in newspapers published in new orleans, selected under the act of congress just quoted, by the clerk of the house of representatives of the united states, was a sufficient advertisement in a newspaper under the law. ..... of the house should give notice to the heads of departments and each judge of the united states courts of the paper selected, and that thereafter it should be the duty of such executive officers to furnish to such selected paper only an authentic copy of the publications to be made as aforesaid. ..... whether we look, then, to the language of this seventh section or to the manifest purpose and object of the act, we are constrained to limit its application to such publications as the federal government may make on her own account, and for which payment ..... in the regular course of their duties. .....

Mobile Vs. Watson

Court : US Supreme Court

..... pursuance of this contract, the city of mobile, on december 30, 1859, passed an ordinance which provided that for the year 1860 and annually thereafter, there should be levied and collected a special tax upon the assessed value of all the taxable property in the city of mobile sufficient to produce the said sum of $95,000, and that the money so raised should be pledged to ..... 000, and that the city should annually, after january 1, 1860, provide the sum of $95,000 to be applied to the payment of the bonds and coupons thereto attached as they became due by a special tax to be levied and collected by the city for that purpose, and that the city should pass the bylaws and ordinances necessary to that end. ..... the corporate authorities of the city of mobile and the mobile and great northern railroad company, an ordinance approved on the 30th december instant provides for the sum of $95,000 by a special tax annually to be applied to the payment of $1,000,000 of bonds to be issued by the city of mobile to aid in the construction of the mobile and great northern railroad. ..... " that act, after reciting the dissolution of the city of selma and the repeal of its charter, among many other provisions, formed the inhabitants residing within the territory formerly covered by the city of selma into a municipal corporation under the name and style of "selma;" provided for officers of the municipality and prescribed their duties; authorized them to levy taxes, but declared that no funds derived by the .....

Shahwar Basheer and ors. Vs. Veena Mohan and ors.

Court : Karnataka

Reported in : ILR2003KAR4732; 2004(3)KarLJ49

..... was no end for this inheritance, in that, after the wife or husband of the original tenant, the sons and daughters and after them the grandson and grand-daughters could stake claim because the repealed act recognized them all as statutory tenants by including in the definition of the term, 'tenant' the surviving spouse or any son or daughter or father or mother of a deceased tenant who had been living with the tenant in the premises ..... :'any person by whom or on whose account or behalf the rent of any premises, is or but for a special contract would be payable, and includes,- (i) sub-tenant;(ii) any person continuing in possession after the termination of his tenancy, but does not include any person to whom a licence as defined in section 52 of the indian easements act, 1882 (central act 5 of 1882) has been granted,' in these cases we are concerned only with the first part of the definition, i.e, 'any person ..... therefore, even in exercise of the revisional powers it becomes the duty of this court to see whether the order impugned is in accordance with the present law and if it is not, this court has to interfere with it and determine the case in accordance with the present law. ..... subbiah choudhry, : [1957]1scr488 , (air 1959 sc 540) theapex court enunciated the legal pursuit of a remedy, suit, appealand second appeal are really but steps in a series of proceedings,all connected by an intrinsic unity and once to be regarded asone legal proceedings. .....

Pentapati Venkata Satyanarayana Murthy Vs. State

Court : Andhra Pradesh

Reported in : 1999(2)ALD344; 1999(1)ALD(Cri)496; 1999(1)ALT(Cri)502; 1999CriLJ4190

..... obstacle to such entry; (c) seize such drug or substance and all materials used in the manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substance; and (d) detain and search, and, if he thinks proper ..... , revenue, intelligence or any other department of the central government or of the border security force as is empowered in this behalf by general or special order by the central government, or any such officer (being an office superior in rank to a peon, sepoy or constable) of the revenue, drugs, control, excise, police or any other department of a state government as is empowered in this behalf by general or special order of the state government if he has reason to believe from personal knowledge or information given by any person and taken ..... , export inter-state, import into india, export from india or tranship any narcotic drug or psychotropic substance except for medical or scientific purposes and in the manner and to the extent provided by the provisions of this act or the rules or orders made thereunder and in a case where any such provision, imposes any requirement by way of licence, permit or authorisation also in accordance with the terms and conditions of such licence, permit or authorisation: provided .....

Harnek Singh Vs. the State of Punjab [Overruled]

Court : Punjab and Haryana

Reported in : 1999CriLJ635

..... the exigencies of the time and imperative need was felt to introduce a special legislation with a view to eradicate the evil of bribery and corruption and thereby the prevention of corruption act, 1947 was enacted which was later on amended twice, once by the criminal amendment act, 1952 and then in 1964 by the santhanam committee which was finally repealed by the prevention of corruption act 1988 which filled the inadequacies of the 1947 ..... every officer or other employee of the government exercising of performing, immediately before the commencement of this act, any powers or duties with respect to any matters provided for in this act, shall, on such commencement, be deemed to have been appointed under the relevant provisions of this act to the same post and with the same designation as he was holding immediately before such commencement.' ..... cri lj 527) (sc) (supra), the facts were that on the complaint presented by dharam pal, the officer on special duty (osd) in the chief minister's secretariat made an endorsement on 12-11-1987 in hindi, the translation of which reads 'c.m ..... that every officer or other employee of the government exercising or performing any powers or duties with respect to any matters provided for in the act of 1985, immediately before the commencement of this act, on commencement of this act have to be deemed to have been appointed under the relevant provisions of this act to the same post and with the same designation as he was holding immediately before such .....

Ram Bharosi Vs. State of Rajasthan

Court : Rajasthan

Reported in : 2001(3)WLC252; 2002(1)WLN402

..... anyobstacle to such entry;(c) seize such during or substance and all materials used in manufacture thereof and any other article and any animal or conveyance which he has reason to believe to be liable to confiscation under this act and any document or other article which he has reason to believe may furnish evidence of the commission of any offence punishable under chapter iv relating to such drug or substances; and (d) detain and search, and ..... in para 57 of the judgment, the conclusions arrived at by the constitution bench have been summed up as below:(1) 'thai when an empowered officer or duty authorised officer acting on prior information is about to search a person, it is imperative for him to inform the concerned of his right under sub-section (1) of section 50 of being taken to the e nearest gazetted officer or the nearest magistrate ..... this appeal is directed against the judgment dated 27.10.99 passed by the special judge ndps act cases and sessions judge, dholpur, by which he has convicted accused appellant ram bharosi for offence under section 8/18 and 8/20 of the narcotic drugs and psychotropic substance act, 1985 and sentenced him to undergo ten years rigorous imprisonment on each count and to pay ..... after completion of trial, the teamed special judge, ndps act cases found the accused guilty of the offences charged with and accordingly convicted and ..... , the police submitted a charge sheet against the accused appellant in the court of special judge, ndps act cases, dholpur.4. .....

Pepsico India Holdings (Pvt) Limited and Another. Vs. State of U.P. an ...

Court : Allahabad

..... , plants prior to harvesting, drugs and medicinal products, cosmetics, narcotic or psychotropic substances: provided that the central government may declare, by notification in the official gazette, any other article as food for the purposes of this act having regards to its use, nature, substance or quality; (k) "food additive" means any substance not normally consumed as a food by itself or used as a typical ingredient of the food, whether or not it has nutritive value, ..... thereby the fundamental rights of the petitioners as guaranteed by article 14 stand violated since in cases where provisions of fssa are invoked the defaulter gets benefit of procedure and safeguards as provided under the act whereas in the present cases, pursuant to the government order, referred to above, the authorities have chosen to invoke sections 272/273 ipc without even waiting for the report of public analyst. ..... counsel for the petitioners, on coming into force of the pfa act, it repealed sections 272 and 273 ipc by necessary implication as it occupied complete field with regard to 'adulteration of foodstuff' and also on the principle of a special law prevailing over a general law to the extent sections 272/273 ipc got covered by the pfa act. ..... excise inspector [(2006 (1) klt 511)] wherein the court has dealt with the definition and the interpretation of the word 'noxious' and has come to the conclusion at para 4 that for a substance to become noxious it ..... regard has been placed on basti sugar mills co. .....

Hydarali Vs. State of Kerala

Court : Kerala

..... similarly, any compromise between the victim and offender in relation to the offences under special statutes like prevention of corruption act or the offences committed by public servants while working in that capacity etc; cannot provide for any basis for quashing criminal proceedings involving such offences. .....