Court : Supreme Court of India
Reported in : [2007(2)JCR216(SC)]; 2007(1)KarLJ337; 2006(12)SCALE270; (2007)1SCC486
..... appellant calls in question legality of the judgment of the division bench of the karnataka high court dismissing the habeas corpus petition filed questioning detention of his brother shri shivalingappa (hereinafter referred to as the 'detenu') under the provisions of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers act, 1985 (in short the 'act'). ..... detention files a writ of habeas corpus under article 226 of the constitution before the high court and the writ petition is dismissed (whether by a detailed order after considering the case on merits or by a non- speaking order) and the said decision is not challenged by preferring a special leave petition under article 136 of the constitution and is allowed to become final, it would still be open to him to file an independent petition under article 32 of the constitution seeking a writ of habeas corpus.it is well settled that ..... pointed out that since the judicature act had abolished the three independent courts, namely, the court of exchequer, the king's bench division, and the common pleas, and had constituted one high court, when an application for writ of habeas corpus has been disposed of by one divisional court, no second application on the same ground lies to another divisional court of the high court. ..... this position was given statutory recognition in the administration of justice act, 1960. ..... of kerala and ors. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR110
..... as rightly argued by advocate shri joshi, section 144-v of the maharashtra cooperative societies act, 1960, is pari materiel with section 83 of the representation of the people act, 1951, except the words 'prescribed form' in the proviso to sub-section (1) of section 83. ..... hardyal), : [1986]1scr177 , it was observed :'one of the ingredients of section 123(4) is that the statement of the offending document must be false and the person making it either believes it to be false or does not believe it to be true in relation to the personal character or conduct of the candidate. ..... this was an appeal against order of learned single judge from kerala high court rejecting the application of appellant (before the supreme court) seeking dismissal of election petition on various grounds. ..... the supreme court set aside the decision of kerala high court by observing that the election petition is in truth and reality one document consisting of two parts, one being the election petition proper and the other being the affidavit referred to in the proviso to section 83(1). ..... objection of non-compliance of section 81(3) was upheld by kerala high court. .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... in this connection, mr.potti drew our attention to ordinance no.96 of 1985 which is an amendment to the kerala money-lenders act by which section 4 of the principal act has been amended to provide that deposits shall be accepted only in accordance with the provisions of the reserve bank of india act, and wanted to urge that this shows that the legislature of kerala took acceptance of deposits also to be covered by the activity of money-lending and money-lenders and, thereforee, the impugned legislation was within the purview of the said state legislature. ..... rejecting the challenge on the ground that the decision is left to the reserve bank of india and this offends the principles of natural justice and becomes unreasonable in the light of article 19, the court observed (page 542) : '...there many occasions and situations in which the legislature may, with reason, think that the determination of an issue may be left to an expert executive like the reserve bank rather than to courts without incurring the penalty of having the law declared void.' 57. ..... rbi (1960) 30 comp case 146 (mad), itty kurian v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H399; 1966CriLJ1189
..... , 1960, he was convicted along with some others under sections 147, 148, 149 of the indian penal code, and his last conviction was recorded on 18th december, 1960, under the madras habitual offenders act, 1948, when he was sentenced to three months' rigorous imprisonment by the sub-divisional magistrate, delhi, thereafter he was bound down on 31st january, 1963, under section 110 of the cri ..... in the fourth case, he was convicted under sections 147, 148, 149, 32, indian penal code and the revision was dismissed by this hon'ble court on 19-4-1963 and, in the last case, he was convicted under section 12 of the madras habitual offenders act, and the appeal of the petitioner was dismissed on 29-10-1963 by the additional sessions judge, delhi after the last conviction, the petitioner was proceeded against under section 110, ..... the last order convicting him was passed in 1960 in a case in which he was sentenced to three months' rigorous imprisonment under section 12 of the madras habitual offenders act ..... 4th march, 1965 was as follows:'paragraph 7 as stated does not give complete picture though it is correct that the petitioner was convicted in 5 cases one under section 308, indian penal code and the other under the arms act, and the third he was convicted under section 394, indian penal code and his conviction has been upheld by this hon'ble ..... two cases under the arms act in the year 1960 and 1963, and in the year 1954 he was further convicted under section 394 of the indian penal code .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1997P& H19
..... or (g) is a whole time salaried servant of any local authority or state or the union of india; or (h) is registered as a habitual offender under the punjab habitual offenders (control and reforms) act, 1952; or any other act for time being in force or; (i) is an undischarged insolvent; or (j) has not paid the arrears of the tax imposed by the gram panchayat, panchayat samiti or zila parishad; or (k) is an employee of sabha or grampanchayat; or (kk) is a member of either house of parliament or of the legislature of the punjab state; or (l) is tenant or lessee holding a tenancy of lease under the gram panchayat or is in arrears of rent of any lease or tenancy ..... held under the gram panchayat or is a contractor of the gram panchayat; or (m) is in unauthorised ..... co-operative societies act, 1960 is not an instrumentality of the state for the purposes of article 12 of the constitution of india ..... during the year 1960-70. .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR1; [2006(108)FLR367]; 2005(4)MhLj881
..... the petitioner is a consumer cooperative society duly registered under the maharashtra cooperative societies act, 1960 and it is providing services to the employees of m/s. ..... the gist of the disciplinary actions taken against the complainant-employee was reproduced by the learned judge of the labour court as under:(a) advisory memo issued in april 1980 for habitual absence. ..... the misconduct of habitual absence from duty cannot be per se termed as a misconduct of a minor or technical character and in the instant case, the labour courts itself recorded a finding that the attendance record of the respondent-employee from 1982 to 1989 was dismal and that he as absenting himself from work year after year for nearly one-third of the days. ..... in that case, the employee -a national football player -was charged of habitual absence from duty and in reply he had stated that he was not guilty of any misconduct as the days of absence were supported by medical certificates. ..... (h) suspension order dated 14.1.1987 for four working days on account of habitual absence. ..... (g) suspension order dated 16.8.1986 for three days on account of habitual absence. ..... (f) suspension order dated 10.12.1985 for two days on account of habitual absence. ..... (e) warning letter dated 24.3.1985 for habitual absence. ..... (c) warning letter dated 6.5.1983 for habitual absence. ..... (b) advisory memo issued in august 1981 for habitual absence. .....
Tag this Judgment!Court : Gujarat
Reported in : 1997CriLJ1549; (1996)1GLR395
..... - nothing contained in section 360 of the code of criminal procedure, 1973 (2 of 1974) or in the probation of offenders act, 1958 (20 of 1958) shall apply to a person convicted of an offence under this act unless such person is under eighteen years of age or that the offence for which such person is convicted is punishable under section 26 or section 27.section 389 of the code of criminal procedure falls in chapter xxix, which reads as under:-389. ..... , the power of the high court under section 389 is saved by section 36-b of the act.the matter was therefore referred to a larger bench and the full bench of the kerala high court in the case reported in burlin joseph alias ravin v. ..... habitual criminals and persons convicted of offences relating to robbery, dacoity under sections 392 to 402 of the penal code or persons convicted under the prohibition act either singly or together with any other offence or such convict whose presence is considered dangerous or prejudicial to the public peace and tranquility by the district magistrate concerned or commissioner of police as the case may be or prisoner whose conduct in jail is, in the opinion of the superintendent of jail not satisfactory, then such a convict is not entitled and eligible for release .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(4)ALD349; 1998(2)ALD(Cri)142; 1997(6)ALT581
..... there is no justification for applying the provisions of section 360 cr.pc or the provisions under the probation of offenders act. ..... of the supreme court dealing with the power of pardon vis-a-vis articles 72 and 161 of the indian constitution impinging upon the fundamental right to life and liberty under article 21 of the constitution, has held that the order of the president cannot be subjected to judicial review on its merits, but to test when needed as to whether the said function is vitiated by self-denial on an erroneous appreciation of the full amplitude of the scope of the power is a matter for the court; that the courts arc the constitutional instrumentalities to go into the scope ..... venkatanarayana, learned counsel for the petitioner :(i) that the matter relates to the power of the union of india to legislate under item 45 of list 1 of the 7th schedule and as such, the governor had no jurisdiction to invoke his clemency power; (ii) that mode of exercise of power by the governor is arbitrary andunconstitutional; (iii) that the petitioner was entitled for a notice and in not issuing notice to the petitioner and not hearing him, the governor had violated the principles of natural justice; and (iv) that the petitioner is also entitled for ..... nawvathy, air 1960 bom. .....
Tag this Judgment!Court : Delhi
Reported in : AIR1997Delhi267b; ILR1997Delhi22
..... ]1scr156 , stating the criteria of reasonableness, the supreme court held as follows : 'the court must in considering the validity of the impugned law imposing a prohibition on the carrying on of a business or profession, attempt an evaluation of its direct and immediate impact upon the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing ..... 360 of the code of criminal procedure, 1973, or in the probation of offenders act, 1958, shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park or of an offence against any provision of chapter va unless such person is under eighteen years of age.' 20. ..... state of kerala, : [1982]1scr519 , the supreme court was dealing with sections 12a, (2b, 14e and 14f, 68a of abkari act, 1967 and rules 13 & 16 of kerala rectified spirit rules, 1972. ..... the union of india, : [1960]2scr375 , a question arose as to whether non-ferrous metal control order, 1958 which was issued by the government of india under section 3 of the essential commodities act, 1955, violated article 19(1)(g). .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1691; 2002(2)BLJR1123; (SCSuppl)2002(3)CHN112; 2002CriLJ2060; 2002(2)Crimes193(SC); JT2002(4)SC31; 2002(3)SCALE435; (2002)4SCC713; [2002]2SCR995; 2002(1)LC694(SC);
..... sub-section (5) of section 51 provides that nothingcontained in section 360 of the code of criminal procedure or in the probation of offenders act, 1958 shall apply to a person convicted of an offence with respect to hunting in a sanctuary or a national park orof an offence against any provision of chapter 5a unless such person is under 18 years of age. ..... baggage or other things in his possession, (c) seize any captive animal, wild animal, animal article, meat trophy or uncured trophy, or any specified plant or part or derivative thereof, inrespect of which an offence against this act appears to have been committed, in the possession of any person together with any trap, tool, vehicle, vessel or weapon used for committing any such offence and, unless he is satisfied that such person will appear and answer any ..... has issued the notification, as required under section 6 of the act wherein it hasbeen stated that the state of uttar pradesh is pleased to accord the consent to the extension of powers and jurisdiction of the members of the delhi special police establishment in the investigation of the offence's punishable relating to the seizure of skin of tiger and leopard under schedule 1 of the wild life act, namely, case crime no. ..... the scheme of section 50 of the wild life act makes it abundantly clear that police officer is also empowered to investigate the offences and search and seize the offending articles. .....
Tag this Judgment!