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M/S.Sree Ramachandran Enterprises Vs. the Intelligence Officer (ib).

Court : Kerala

..... insofar as the quantum is concerned, reading of the orders show that the petitioner is a habitual offender and that on previous occasions also the cases have been booked against them and offences have been compounded. ..... if as stated by the learned government pleader, the documents mentioned in ext.p3 including what is relied on by the counsel for the petitioner are in relation to the business place of the petitioner and not undeclared godown with reference to which the penalty proceedings were initiated, the finding in ext.p10, the first revisional order, that these documents are irrelevant, is unassailable. ..... it is true that in ext.p7, the revisional order of the deputy commissioner, the matter was remanded for fresh disposal with a direction to the intelligence officer to verify the records seized and to arrive at a clear conclusion on the stock held in the undeclared godown, w.p. ..... in the high court of kerala at ernakulam present: the honourable mr.justice antony dominic monday, the 31st day of december 2012 10th pousha 193 wp(c).no. ..... section 28(8) of the kgst act authorizes the officer to direct payment of the penalty not exceeding 50% of the value of the goods not accounted for as may be fixed by such officer. ..... state of kerala [(1988)68 stc 360.and it has been held that the officer should first be satisfied whether, on the facts and circumstances of the case, penalty is exigible and if so, what quantum should be levied. ..... state of kerala[(1988)68 stc 360].5. .....

Muraleedharan Vs. State of Kerala

Court : Kerala

..... the prosecution has no case that the appellant/accused is a habitual offender ..... transported the same through the road on the northern side of hotel rivera in kuttipuram desom against the provisions of kerala abkari act and therefore he had committed the offences punishable under sections 58 and crl.a.no.952 of 2003 2 8(1) of the abkari act. ..... in the result, this appeal is dismissed confirming the conviction recorded by the trial court for the offence under sections 58 and 8(1) of the abkari act, but subject to the crl.a.no.952 of 2003 13 modification with respect to the sentence to the extent indicated ..... when the above case was pending before the court of assistant sessions judge at tirur, a formal charge was framed against the accused for the offences punishable under sections 55(a) and 8(1) of the abkari act, which when read over and explained to the accused, he denied the same ..... this appeal is directed against the judgment dated 15.5.2003 in s.c.no.100/00 of the court of additional district and sessions judge (ad hoc), fast track-1, manjeri, and the appellant is the sole accused in the above sessions case and his grievance is that he is convicted and sentenced for the offences under sections 58 and 8(1) of the abkari act.2. ..... in the high court of kerala at ernakulam present: the honourable mr.justice v.k.mohanan thursday, the9h day of january201419th pousha, 1935 crl ..... public prosecutor, high court of kerala, ernakulam. ..... (s)/complainant: ---------------------------- state of kerala rep. .....

Rajan Vs. State of Karnataka by Its

Court : Karnataka

..... he further submitted that detenue is a habitual offender and has committed the offences punishable under chapters 8, 16, 17 and 22 of the ipc and also he is considered to be a goonda as per the provisions of section 2(g) of goonda act. ..... the learned counsel sri ranganatha reddy, appearing on behalf of the petitioner submitted that petitioner is the father of the detenue, who has been detained under the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders, slum-grabbers and video or audio pirates act, 1985 (for short goonda act ) and now currently detenue is in the central ..... reddy, aga for r1 to r3) this wphc is respondents filed under article 226 of the constitution of india praying to issue a writ in the nature of habeas corpus and to declare the detention of the detenu sri prakash @ kasi s/o rajan by order bearing no.02/crm (4)/dtn/2018 (annexure-a and b) passed by the respondent no.2 and approved by the respondent no.1 by order bearing no.hd140sst2018and the dated 09.02.2018 and the order of confirmation passed by the respondent no.1 bearing no.hd140sst2018dated 16.03.2018 as illegal and void abinitio this wphc having been heard ..... and secretary, government of kerala and others reported in 1985 (supp) scc144 he further submitted that father of the detenue is aware of the facts and the language as such the said order is a speaking order and the detenue has properly represented even before the advisory board. .....

Neera Yadav Vs. Central Bureau of Investigation

Court : Supreme Court of India

..... in certain cases, if the person convicted is a habitual offender and he had been found guilty of offences on various counts and it is suspected that he would be a menace if he is let loose on the society, then the court would direct that such person shall undergo the imprisonment consecutively 67. ..... .00 487.50 90.00 562.50 300.00 487.50 304.35 trapezium (7.23+7.93)/ 2 30=227.4 rectangl e of 7.93 30= 237.90 2445.89 562.50 405.00 487.50 trapezium of (3.16+9.57)/2 30=231.45 trapezium of (7.93+7.50)2 30=231.45 783.86 535.15 593.4 49.8 1346.36 940.75 1080.71 240.75 - 231.45 total area 6 note: as seen from the endorsement in the above maps, the maps have been prepared by the architect and the chief architect planner (30.10.1999) with reference to the letter no.dy.sp.acu vii/1999/0603 dated 08.09.1999 and direction given ..... (hereinafter referred to as "noida") was established in the year 1976 with the responsibility of developing and managing asia s largest integrated industrial township for the industrial growth of the area, under the uttar pradesh industrial area development act, 1976 in the national capital region. ..... state of kerala (2016) 10 scc307 this court directed the substantive sentences imposed on the appellant to run concurrently. in v.k. ..... state of kerala and others (2015) 2 scc501 the appellant thereon was convicted for the offences under section 498-a and section 306 ipc. .....

Bal Kishan @ Bal Kishan Sewak Vs. the State of Delhi and ors.

Court : Delhi

Reported in : 2007(98)DRJ288

..... she was a habitual offender and had made false and defamatory statement against the wife of the petitioner.5. ..... (a) under section 200 magistrate has jurisdiction to take cognizance of an offence on the complaint after examining upon oath the complainant and the witnesses present:(b) when the complaint is made in writing by a public servant acting or purporting to act in discharge of his official duties, the magistrate need not examine the complainant and the witnesses;(c) in such case court may issue process or dismiss the complaint. ii. ..... 1973, a magistrate, who receives a complaint disclosing offence exclusively triable by the court of sessions, is debarred from sending the same to the police for investigation under section 156(3) of the code is the short question that falls to be determined in this appeal by special leave.the supreme court after framing above question in the very first paragraph of judgment dismissed the appeal answering the questions in negative i.e. ..... whether the magistrate has or has not taken cognizance of the offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted, and the nature of the preliminary action, if any, taken by the magistrate. ..... state of kerala and ors. .....

Ahamed @ Mudassir Vs. The Special Executive Magistrate and Deputy Comm ...

Court : Karnataka

..... section 110 empowers the executive magistrate to call upon a person to show cause as to why he should not be made to execute a bond to keep a good behaviour, provided such person is a habitual offender. ..... this section enables any police officer to arrest any person if he commits any cognizable offence, in the presence of police officer or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term which may be ..... (this criminal revision petition is filed under section 397 r/w 401 cr.p.c by the advocate for the petitioner praying to set aside the externment order dated 16.12.2015 passed by the respondent no.l u/s 55(a) of karnataka police act in mag(2) no.275/2015-16 vide annexure-b. ..... 1 is justified in passing the externment order under section 55-a of the karnataka police act, 1963 inspite of the petitioner executing a bond pursuant to the registration of case against him in crime no. ..... in the decision in the case of goplanachari -v- state of kerala reported in air 1981 sc 674, the hon'ble apex court has held that an order under section 110 could be passed by the executive magistrate only when an inference could be reached that petitioner, by confirmed habit, would commit offenses mentioned, if not held captive. 9. .....

Kesar Singh Guleria Vs. the State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : 1985CriLJ1202

..... the power is advisedly conferred in such wide terms with the purposive object of facilitating the rehabilitative process of a prisoner with a good conduct record, who is not a habitual offender and who is undergoing a long term of imprisonment for offences other than those statutorily specified, by giving him an opportunity to have a happy reunion with his family for short periods at regular intervals and to revive contacts with and to generate confidence in the society in which he has his roots. ..... connection, that the act as well as the rules, in view of the stark reality of poverty engulfing a considerable section of the population of our state have made special provisions in respect of the government bearing journey expenses of poor prisoners held entitled to parole or furlough, as the case may be, section 7 provides that if, on the report of the district magistrate, the government is satisfied that a prisoner's family cannot bear the expenses of his journey from and to the prison after his temporary release under the act, the expenses may be borne by the government to such ..... according to this celebrated dictum, if the existence of the purpose is established and the conditions of the exercise of the discretion are fulfilled, the competent authority will be under an obligation to exercise the discretion in furtherance of such purpose (see : in re : kerala education bill, 1957 air 1958 sc 956 at page 975). .....

Ahamed @ Mudassir Vs. The Special Executive Magistrate

Court : Karnataka

..... empowers the executive magistrate to call upon a person to show cause as to why he should not be made to execute a bond to keep a good behaviour, provided such person is a habitual offender. ..... the point that arises for consideration in the present case is as follows: whether respondent no.1 is justified in passing the externment order under section 55-a of the karnataka police act, 1963 inspite of the 5 petitioner executing a bond pursuant to the registration of case against him in crime no.176/2015 under section 110(f) and 110(g) of cr.p.c. ..... this section enables 6 any police officer to arrest any person if he commits any cognizable offence, in the presence of police officer or against whom a reasonable complaint has been made or credible information has been received or reasonable suspicion exists that he has committed a cognizable offence punishable with imprisonment for a term ..... rachaiah, hcgp) respondents2this criminal revision petition is filed under section397r/w401cr.p.c by the advocate for the petitioner praying to set aside the externment order dated1612.2015 passed by the respondent no.1 u/s55a) of karnataka police act in mag(2) no.275/2015-16 vide annexure-b. ..... in the decision in the case of goplanachari v- state of kerala reported in air1981sc674 the hon ble apex court has held that an order under section 110 could be passed by the executive magistrate only when an inference could be reached that petitioner, by confirmed habit, would commit offenses mentioned, if not .....

Atul Manubhai Parekh Vs. Central Bureau of Investigation

Court : Supreme Court of India

Reported in : 2009(14)SCALE144; (2010)1SCC603

..... a habitual offender may be convicted and sentenced to imprisonment at frequent intervals. ..... , been sentenced to imprisonment for a term, not being imprisonment in default of payment of fine, the period of detention, if any, undergone by him during the investigation, inquiry or trial of the same case and before the date of such conviction, shall be set off against the term of imprisonment imposed on him on such conviction, and the liability of such person to undergo imprisonment on such conviction shall be restricted to the remainder, if any, of the term of imprisonment imposed on him.provided that in cases referred to in section 433a, such ..... period of detention shall be set off against the period of fourteen years referred to in that section ..... state of maharashtra : (1982) 1 scc 507, where this court was called upon to decide as to whether the period of detention under the preventive detention act could be set-off under section 428 of the code. ..... collector, kerala and anr. .....

India Steel Corporation and ors. Vs. Sri Ahindra Lal Datta and anr.

Court : Kolkata

Reported in : (1993)2CALLT269(HC)

..... bhattacharjee that the offence spoken of even if committee before the introduction of the amendment of section 279 of the income tax act, 1961, the prosecution of it for the post amendment of the section will not entail forfeiture of the right of the prosecution to launch an offensive against a person who had violated the provisions of the statute. ..... another side fact became the germane for consideration of the court was as to whether a stranger could be prosecuted under section 5(3) of the prevention of corruption act, 1947 when he habitually committed an offence under section 165a of the i.p.c. ..... therefore, it is a fit and proper case where revisional power should be exercised to do a complete justice between the parties in order to prevent the abuse of the process of court as the prosecution cannot be permitted to continue in supersession of law.since similar points are involved in criminal revision nos. ..... on a close analysis, it is seen that the action taken under the gold control ordinances and the rules which were deemed to be the act of parliament, section 6 of the general clauses act afforded a protective umbrella to such action. ..... the moot point for decision in the above case was as to whether criminal proceedings could continue or initiate when the offender ceased to be a public servant, although the offence committed by such servant while he was in service. ..... state of kerala 0043/1971 : air1971sc1193 . .....