Court : Delhi
Reported in : 1995IAD(Delhi)1434; AIR1995Delhi293; 58(1995)DLT162; 1995(33)DRJ121
..... of the said high court or one judge of any division court, pursuant to section 108 of the government of india act, made on or after the first day of february one thousand nine hundred and twenty nine in the exercise of appellate jurisdiction in respect of a decree or order made in the exercise of appellate jurisdiction by ..... of 1908), applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force, an appeal shall only lie in any proceedings under this act to the high court from the award, or from any part of the award, of the court and from any decree of the high court passed on such appeal as aforesaid an appeal shall ..... or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act, or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant to section 108 of the government of india act; and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge ..... west bengal ..... the concession itself was based on an erroneous reading of the decision in south asia industries case : [1965]2scr756 , the decision in baljit singh's case cannot be said to be a binding precedent for holding that no letters patent appeal is maintainable in view of section 54 of the act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi263
..... 238 of the punjab municipal act, as applied to delhi, section 553 of the bengal municipal act, 1932, and sections 313 and 315 of the maharashtra municipalities act, 1965, do not provide for giving any opportunity to the municipal committee to present its case before it is superseded for incompetence, failure to perform duties or excess ..... conclusions :(33) for the above reasons, we sum up our conclusions as follows : (1) the power of the government to supersede the municipal committee under section 238(1) of the punjab municipal act, 1911 can be exercised if (a) facts exist which can be objectively proved to be true or correct; and (b) from which the government can infer that the committee is incompetent, made persistent default or has ..... run as below: '(1)should a committee be incompetent to perform, or persistently make default in the performance of, the duties imposed on it by or under this or any other act, or exceed or abuse its powers, the state government may, by notification, in which the reasons for so doing shall be stated, declare the committee to be superseded. ..... opportunity has to be given before disciplinary action is taken against an individual member of the committee (vide sections 16 and 50 of the punjab municipal act, section 62 of the bengal municipal act, and sections 44 and 45 of the maharashtra municipalities act). ..... between the two kinds of statutory provisions exists in the punjab municipal act, the bengal municipal act and the maharashtra municipalities act. .....
Tag this Judgment!Court : Delhi
Reported in : 2009CriLJ677; 151(2008)DLT695; 2008(105)DRJ557
..... bribe, and he is only suspected to be in the habit of taking bribes and he is tempted with a bribe, just to see whether he would accept it or not and to trap him, if he accepts it will be 'an illegitimate trap' and, unless authorized by an act of parliament, it will be an offence on the part of the persons taking part in the trap who will all be 'accomplices' whose evidence will have to be corroborated by untainted evidence to a smaller or larger extent as the case may be before a conviction ..... the context otherwise requires,(a) xxx(b) xxx(c) criminal contempt' means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which-(i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court ; or(ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding ; or(iii) interferes or tends to interfere with, or ..... state of west bengal : 2005crilj1416 wherein the supreme court deprecated the practice of a 'trial by media' since it certainly interferes in the ..... state of west bengal : 1969crilj401 'it is only when a clear case of contumacious conduct not explainable otherwise, arises that the contemnor ..... maqsud ali [1965] 2 all er 464 that tape recorded material was admissible in evidence provided the accuracy of the recording can be proved and the voices recorded can be properly identified and that the evidence is .....
Tag this Judgment!Court : Delhi
Reported in : 2007CriLJ3834; II(2007)DMC334
..... state of west bengal air 1965 sc 706, their lordships of the supreme court while considering sections 236 and 237 of the old code, which after amendment got reflected in section 221 of the code, categorically observed as under:the framing of a charge ..... the petitioner's previous acts of cruelty, his repeated and persistent demands for money, his alleged threats against family members of the deceased, the previous complaint in 1996, and facial application of the presumption under section 113-a, (inasmuch as the ..... section 113-a of the evidence act reads as follows:113a. ..... wherein she states that her husband scolded her as to why she hid the wrong act committed by krishan gahlot.12. ..... thereforee, the court acted within jurisdiction and correctly, in framing charges under sections 498-a and 304-b, ipc.9. ..... explanationn - for the purpose of this sub-section, ``dowry'` shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). ..... they may fall in the larger rubric of ``cruelty'` if accompanied by acts of harassment. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi791
..... counsel for the petitioners invokes the general principles of rest judicata, estoppel outrefois acquit as well as the provisions of section 6(c) of the general clauses act and the principles underlying section 13(2) of the preventive detention act, section 14(2) of the misa and section 11(2) of the act in support of his contention that the impugned orders of detention were illegal in view of the quashing of the earlier orders of detention by the ..... and dalip singh filed affidavits before the collector of customs in which they retracted their statements made under section 108, customs act, and alleged that they were only made to sign some papers without reading the contents thereof and that what the statements ..... that inthe prosecution launched against these three persons by the customs authorities under section 135 of the customs act, these persons had filed a bail application in which they had alleged that their statements under section 108 of the customs act had been obtained under coercion and these allegations made by these persons had been withheld from the detaining ..... section 14(2) of the misa a right has accrued to the detenues and that right is available to them even in respect of orders of detention passed under the act, than the question for consideration is what is the nature of the right that has accured to the detenues as a result of the judgment of this court dated ..... west bengal ..... defense of india rules, 1962 under orders passed by the state government in march, 1965. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1973Delhi803
..... indian section 21 is modelled, reads as follows: 'where,in pursuance of any arrangement with a foreign state, any person accused or convicted of any crime which, if committed in england, would be one of the crimes described in the first schedule to this act is surrendered by that foreign state, such person shall not, until he has been restored or had an opportunity of returning to such foreign state, be triable or tried for any offence committed prior to the surrender in any part of her ..... (as his lordship then was), speaking for the supreme court in state of west bengal v. ..... the matter of prosecuting puri for whatever offences as are punishable in india falling within the second schedule of the indian extradition act of 1962 (to which reference will be made presently) such as, cheating, commission of forgery of the passport by falsification of the same and the use of the forged (falsified) passport, in india, to leave this country. ..... 13, the position has been summed up on page 246 as follows : 'if the magistrate is not satisfied on the evidence that the prisoner has committed or was convicted of an extradition offence, or that the act would be an offence if committed in england, he must discharge him; if he is so satisfied, he must commit him to prison' if certain conditions are complied with. ..... 282813 and of 17 july 1965 under no. ..... a 668077, of 29 june 1965 under no. 1. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1974Delhi494
..... the supreme court rejected the argument that the same evidence which was not accepted for convicting the accused for the offence under the indian registration act could not be accepted to convict the accused for the offence under the indian penal code, because 'an item of evidence may corroborate more offences than one; but acquittal of accused ..... of west bengal ..... the trial court had acquitted the accused on the count of falsely personating another for getting the concerned valuable security in that case registered an offence punishable under section 82-c of the registration act,-but had found him guilty for forging the same valuable security-punishable under section 467 of the indian penal code. ..... anil kumar with the butt end of it, there could not be any conviction of the appellant jai chand under the arms act when even the record of the alleged disclosure statement said to have made by him has not been exhibited in this case ..... are convinced that setting aside the conviction of the appellant, but not ordering a retrial of the offence under the arms act, will have no impact on the conviction and sentence of the appellant of the charge of murder, which we have ..... to the two, out of several cases decided by the supreme court arising from the punjab by way of illustration of the complications that may arise (and have actually arisen) by a separatetrial under the arms act in such circumstances, they are completely obviated by having a joint and single trial in respect of the charges. ..... 1965 .....
Tag this Judgment!Court : Delhi
Reported in : 1991(2)Crimes241; 43(1991)DLT23; 1991RLR79
..... the income tax officer served a notice dated 25-1-82 in respect of the years 1979-80 and 1980-81, requiring the company to show cause why penalty under section 221 of the income tax act (hereinafter referred to as the act) should not be imposed, as the company had either failed to deduct the income tax at the time of payment of salaries and/or after deducting bad failed to pay the same ..... have already reproduced some of the clauses of the instructions which on the face of it run counter to the provisions of the act- this circular in our opinion has substantially curtailed the powers of the commissioner of income tax, which are vested in him under ..... under which the power which bested in the commissioner of income tax under sub-section (2) of section 279 of the act, has been completely taken away by the central board of direct taxes and partly vested in the finance minister. ..... (6) the contention of the learned counsel for the petitioner is that under section 279 of the act, the commissioner of income tax or any person authorised by him can file a complaint under section 276b of the act under subjection (2) of section 279, the commissioner has been given an express power to compound the offences either before or after the ..... sen, assistant appellate commissioner, bombay and others : [1965]56itr198(sc) , holding that under section 5(8) of the act the circulars issued by the central board of revenue are binding on all the officers and persons ..... of income-tax, west bengali-1, calcutta, air .....
Tag this Judgment!Court : Delhi
Reported in : 2008(102)DRJ65
..... further relies upon the judgment of the supreme court in superintendent and rememberancer of legal affairs, west bengal v. ..... of the first respondent because, despite the rejection of the earlier application of the first respondent the prosecution had failed to make any progress in the criminal case even though it was filed as far back as 1965 and the criminal case rested where it was for a period of over and half years. ..... referring to section 33 of the act which concerns offences by companies , he submits that in regard to a similar provision in section 141 of the negotiable instruments act, 1881 ('ni act'), the law in regard to the minimum averment to be mandatorily contained in a complaint for the offence under section 138 read with 141 ni act was explained by the supreme court in sms pharmaceuticals limited ..... , the inescapable conclusion is that as far as the petitioner is concerned not even a prima facie case of an offence under section 29(1) of the act can be said to be made out on a reading of the complaint as a whole. 8. ..... under section 29(1) of the act pending before the learned metropolitan magistrate, delhi is hereby quashed in so far as the petitioner is concerned. ..... section 29(1) of the insecticides act, 1968 ('act'). ..... the onus to prove the same would lie upon them after the initial burden is discharged by the prosecution that the sale was effected by the company as provided by section 106 of the indian evidence act. ..... was a case under the prevision of food adulteration act. .....
Tag this Judgment!Court : Delhi
Reported in : 30(1986)DLT234; 1986(11)DRJ33
..... the state of west bengal andanother.air 1965 sc 1887, the supreme court observed : 'additional evidence may be necessary for a variety of reasons which it is hardly necessary (even if it was possible) to list here.........it may, however, be said that additional evidence must be necessary not because it ..... the documents sought to be tendered in evidence now, inter alia, comprise (1) copy of the judgment of the rent control tribunal, adverted to above ; (2) duplicate amended registration certificate issued under the delhi shops and establishments act in respect of the establishment of the petitioner showing that the said establishment was duly registered on 18th november, 1972 ; (3) the original summons dated 10th february, 1970 issued to gulab rai under section 417 of the ..... g 2 and can be used only for residential purposes according to the master plan for delhi/zonal development plan of this zone g2, as referred to under section 14 of the delhi development act and have thereby committed an offence punishable under section 29(2) of the said act,'(3) the petitioners while admitting the commercial user of the premises for their dry-cleaning business took up the defense that they had been carrying on their business in the premises ever .....
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