Court : Allahabad
Reported in : 125Ind.Cas.477
..... has been given; where he fails to attend proceedings in chambers, and the judge does not think it expedient to proceed; where he fails to file an affidavit which has been used in the proceedings; where, on an account being taken in chambers, he acts unreasonably in adjourning items to the judge; where the trial of the action cannot proceed owing to his neglect to attend or send a representative, or to deliver any papers necessary for the use of the court which according to ..... . the disciplinary jurisdiction was conferred on the high courts whose powers in that behalf are defined in section 4 which enacts that 'the high court is hereby authorised and required, within six months after this act shall take effect in the territories in which such court exercises jurisdiction, to make rules for the qualification, admission and enrolment of proper persons to be pleaders and mukhtars of the courts in such territories, for the fees to be ..... . the language of the statement is inadmissible, but even without referring to that statement, we have not the least hesitation to say that the bar councils act was never intended to and did not itself take away any inherent jurisdiction to punish for contempt of inferior courts that might be possessed by the high court ..... . for the reasons we have given, we do not think that the interpretation which has been placed on the decision of their lordships in administrator-general of bengal v ..... almoin (1965) wilm. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC246; [1956]29ITR349(SC); [1955]2SCR1196
..... touching the nature and purpose of the classification, be extended by the travancore legislature by a necessary amendment of the travancore act, xiv of 1124, and if such an amendment had been grafted on the act as originally passed, no one belonging to the particular class or category of substantial evaders of income-tax could have ..... the chief revenue authority, travancore; (4) the rajpramukh's agreement read with article 245 of the constitution precluded any investigation except in accordance with the travancore act xiv of 1124 and act xxxiii of 1950 amended by act xliv of 1951 was invalid to the extent that it authorised investigation otherwise than in accordance with the travancore law; (5) assuming all the foregoing points were ..... exercised by the high court in order to protect and safeguard the rights of the citizens and wherever the high court finds that any person within its territories is guilty of doing an act which is not authorised by law or is violative of the fundamental rights of the citizen, it exercises that jurisdiction in order to vindicate his rights and redress his grievances and the only ..... 6, sub-section (10), to have full and free access to all documents, books and other papers which in his opinion are relevant to the proceedings in any case or cases under the act and if specially authorised in this behalf by the commission to any buildings and places where he may have reason to believe that such books, documents or papers may be found and also ..... west ..... [ .....
Tag this Judgment!Court : Chennai
Reported in : AIR1959Mad261; 1959CriLJ731; (1958)IIMLJ123
..... act xxxiv of 1955 was ultra vires of the powers of the state legislature under the constitution of india.though this was a new ground raised by him at a late stage, and though such a contention has not been raised in any case till now, and though a similar sessions court has been established in bombay another presidency town, under bombay act xxxii of 1948, and in calcutta, the third presidency town, under west bengal act ..... not be amended, as it has not left the jurisdiction of the high court as it existed at the commencement of the constitution, viz, 26-1-1950 intact, and not liable to be touched by any act of parliament or the state legislatures but has given the appropriate legislature, whether parliament or the state legislature, power to derogate from the existing jurisdiction of the high court, original or appellate, civil or ..... relied on the full bench ruling of this court in nathaniel in re 1949-i mad lj 258: (air 1949 mad 481), to show that under the government of india act, 1935, the central legislature had power to amend the criminal procedure code and affect the jurisdiction of the high court conferred by the letters patent, and provide for an appeal ..... besides, there is such a thing as grafting; the grafted part is as much part of the tree, when it has been integrated with it, as the original part of the tree.indeed, in modern times, a dead man's cornea can be grafted on and integrated with a living man's eye, and the blood donated to the blood bank by a man or woman, who .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1970CriLJ588; (1969)2SCC412; [1970]1SCR639
..... , section 23(1)(a) must, it is argued, be struck down as unconstitutional and the imposition of fine on the appellant under that section set aside as illegal.the court then distinguished the provisions of the act with the law considered in the case of state of west bengal v. ..... that the language contained in clause 2 of the defence of india (amendment) rules, 1965 can only afford protection to action already taken while the rule was in force, but cannot justify initiation of a new proceeding which will not be a thing done or omitted to be done under the rule but a new act of initiating a proceeding after the rule had ceased to exist. ..... 88,913.09 during the period 1963 to 1965 in stockholm, was holding that sum in a bank account, and did not offer or cause it to be offered to the reserve bank of india on behalf of the central government, so that he had contravened the provisions of section 4(1) and section 9 of the act, and affording to him an opportunity under section 23(3) of the act of showing, within 15 days from the receipt of the notice, that he had permission or special exemption from the reserve bank of india ..... was omitted by a notification of the ministry of home affairs dated 30th march, 1965 and, consequently, a prosecution in respect of an offence punishable under that rule could not be instituted on 17th march, 1968 when that rule had ceased to ..... .09 which, it was alleged, had been acquired by the two accused during the period 1963 to 1965 and kept in deposit against law. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1963Bom70; (1962)64BOMLR348; 1963CriLJ569; ILR1962Bom765
..... an income-tax officer, to enter and search any building or place where he has reason to believe that any books of account or other documents, which in his opinion will be useful for or relevant to any proceeding under this act, may be found and examine them, if found, to seize any such books of account or other documents or place marks of identification thereon or make extracts or copies therefrom, and to make a note or an inventory of any other article or ..... 140 of air) it was observed :'we also think that inquiries conducted according to the forms of judicial procedure under chapter iv of the income-tax act and execution proceedings under chapter v (which provides that an order passed by a collector on a petition under chapter iv shall have the force of a decree of a civil court in suit in which the government is the plaintiff and the defaulter ..... 'in that case it was held that a collector acting is appraisement proceedings under sections 69 and 70 of the bengal tenancy act, is a court within the meaning of the term as used in section ..... 'in that case, it was held that a collector holding proceedings under chapter iv of the income-tax act 1882 was a revenue court within the meaning of that term as used in causes (b) and (c) of section 195(1) cr.p.c. ..... question, which we have to determine, is whether an income-tax officer, while holding proceedings under section 23 of the indian income-tax act, is a court within the meaning of clause (b) in sub-section (1) of section 1965 criminal p.c. .....
Tag this Judgment!Court : Mumbai
Reported in : (1965)67BOMLR618
..... the prohibitory restriction for the time being in force with respect to gold and thereby having committed an offence punishable under section 120-b, indian penal code, read with section 167(81) of the sea customs act, 1878, the accused were further charged on four specific counts for having committed an offence under section 167(81) in pursuance of the aforesaid conspiracy. ..... turning to the next ingredient, seizure of the documents in the course of the search in hong kong also cannot be called a testimonial act of daga, and therefore, it cannot be said that daga had been a witness against himself when the documents were seized by the hong kong police from the office of the global agencies. ..... in these circumstances of the case it was held that the magistrate did not act properly in allowing the prosecution to withdraw the case against such accused under section 494, criminal procedure code. ..... ' this amendment was necessitated because section 342a was added by the amending act, and this new section enabled the accused to enter the witness box and give evidence on oath 'in disproof of the charges made against him or any person charged together with him at the same trial. ..... it has next to be seen whether there are any other provisions in any other act which operate as a bar to the competency of ethyl wong to testify, and, as already stated, reliance has been placed on certain provisions of the criminal procedure code, chapter xiv of the code deals with the information to the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1965Mad462; (1965)ILLJ294Mad
..... commissioner, west bengal, air 963 ..... quite apart from the infancy protection which was claimed and rejected, it is clear that under the provisions of the act and the scheme frame under the act, a worker becomes entitled to the benefits o this scheme only on his completion of 40 days of work within one year ..... it is claimed that the petitioner firm is not entitled to the infancy protection contemplated by section 16(1)(b) of the act, for the reason that the protection would not be available whenever there was a change of ownership, which, according to the respondent, is all that took place in the ..... during the relevant period (it has been amended by act 46 of 1940) reads thus:"16 (1): this act shall not apply to--(b) any other establishment before or after the commencement of this act, unless, three years have elapsed from its establishment".the explanation to this section reads:"for the removal of doubts, it is hereby declared that the date of the establishment shall not be deemed to ..... it would follow therefore that taking the date of the application of the act as 25-1-1957 (that is the view taken by the department), the computation of the contributions will have to be made only in respect of the workers who continue in the employment beyond one year form that ..... the petitioner was rejected, the respondent holding that the liquidation of the former company would not have the effect of postponing the applicability of the act and that the act would apply with effect form 1st august 1956. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1965]35CompCas30(SC)
..... 1946, the prospectus of the company was filed with the registrar, joint stock companies, west bengal. ..... deceived to deliver any property to any person, or to consent that any person shall retain any property, or intentionallyinduces the person so deceived to do or omit to do anything which he would not do or omit if he were not so deceived, and which act or omission causes or is likely to cause damage or harm to that person in body, mind, reputation or property, is said to ' cheat'. ' 16 ..... . this may give rise to two alternative inferences consistent with probabilities: (1) that the canvassers acted as agents of the underwriters who were expressly authorised to appoint agents; (2) that the underwriters after obtaining the agreement for some reason remained supine, and other persons independently of them canvassed ..... but mere deception is not sufficient: the victim in consequence of the deception must be induced to act to his prejudice, and the offender must, in offering the inducement, have the specified mens ..... . the view expressed by the high court that the directors were incompetent to act for the purpose of canvassing for sale of shares is whollyunsustainable, and proof of the mere fact that under an existing binding ..... . the high court inferred that the illegal acts committed by the three appellants were committed by them in furtherance of their common intention to cheat the company of the share commission, and convicted them of offences punishable under section 420 read with section 34 .....
Tag this Judgment!Court : Kolkata
Reported in : (1966)IILLJ528Cal
..... march 1962, the regional provident fund commissioner and, on 27 april 1962, a deputy secretary to the government of west bengal, wrote letters to the petitioner-company inviting its attention to the provisions of the employees' provident funds act and informing the petitioner that in case of its failure to comply with the provisions of the act, appropriate action would be taken against it ..... ' as hereinbelow set out:'manufacture' means making, altering, ornamenting, finishing or otherwise treating or adapting any article or substance with a view to its use, sale, transport, delivery or disposal.sections 5 and 6 of the act provide for creation of a provident fund scheme and matters to be provided in the scheme and the material portions of the sections are hereinbelow quoted:5. (1) the central government may, by notification in the official gazette, frame ..... persons are employed, and(b) to any other establishment employing twenty or more persons or class of such establishments which the central government may, by notification in the official gazette, specify in this behalf:* * *section 2(g) of the act defines ' factory ' in the following language:'factory' means any premises, including the precincts thereof, in any part of which a manufacturing process is being carried on or is ordinarily so carried on whether with the aid of ..... or reconditioning worn-out machine parts by metallization, that is, by reinforcing worn-out metalling parts or machine by the grafting of fresh metal on the same .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1965Bom131; (1965)67BOMLR25; 1965CriLJ197; ILR1965Bom126; 1965MhLJ238
..... of alleged offence by (the revenue commissioner, the commissioner), a magistrate, police officer or other person, or of a wrong alleged to have been done by (such revenue commissioner, commissioner), magistrate, police officer or other person, 'by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein, it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid,' the prosecution or suit shall not ..... made the following observations:'we have no hesitation in saying that where a public servant commits the offence of cheating or abets another so to cheat, the offence committed by him is not one while he is acting or purporting to act in the discharge of his official duty, as such offences have no necessary connection between them and the performance of the duties of a public servant, the official status furnishing only the occasion or opportunity for the ..... .' in stround's judicial dictionary, 3rd edition, the word 'colour' has been defined at page 521 as follows: ' 'colour of office' always taken in the worst part, and signifies on act evil done by the countenance of an office, and it bears a dissembling face of the right of the office, whereas the office, is but a veil to the falsehood, and the thing is grounded upon vice, and the ..... state of west bengal air 1954 sc 455 for holding that no sanction was necessary under section 197 of the criminal procedure code for offences under sections 120b and .....
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