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Search Results Judgments > Phrase:BOMBAY POLICE ACT, 1951,  (Maharashtra) - Section 139

Mar 21 2013

SANJAY DUTT Vs. STATE OF MAHARASHTRA TR.CBI,BOMBAY

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... vs. State of Maharashtra, (1969) 2 SCC 872.875 wherein the following observations are pertinent:- 4 ..In order that the section may apply the prosecution must establish that the information given by the appellant led to the discovery of some fact deposed to by him. It is evident that the discovery must be of some fact which the police had not previously learnt ... informed by a casual contact that Hanif and Samir have been arrested by the Bombay Police for their complicity in bomb blasts. (xx) On hearing the news, I got frightened as these fellows had given me the AK-56 rifles and they may tell my name to the police to involve me in the bomb blasts case. I contacted my friend Mr. Yusuf ... residence by wanted accused Abu Salem Qayum Ansari (then absconding not A- 139) and Manzoor Ahmed Sayed Ahmed (A-89) and thereby aided and facilitated the distribution of firearms, ammunition and explosives smuggled into India by other co-conspirators for committing terrorist acts and thereby committed an offence punishable under Section 3 (3) of TADA. At head Thirdly: The appellant, in pursuance of ... same is dismissed. Criminal Appeal No.1104 of 2007 Samir Ahmed Hingora (A-53) .... Appellant(s) vs. The State of Maharashtra, thro. Superintendent of Police, CBI (STF), Bombay . Respondent(s) WITH Criminal Appeal No.1026 of 2012 The State of Maharashtra, through CBI (STF), Bombay .... Appellant(s) vs. Samir Ahmed Hingora (A-53) . Respondent(s) ********** 97) Heard Mr. Mukul Rohtagi and Mr. V.K. Bali ...

Mar 21 2013

Sanjay Dutt And Ors. Vs. State of Maharashtra, through CBI (STF), Bomb ...

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... Vs. State of Maharashtra, (1969) 2 SCC 872, 875 where in the following observations are pertinent:- "4 .In order that the section may apply the prosecution must establish that the information given by the appellant led to the discovery of some fact deposed to by him. It is evident that the discovery must be of some fact which the police had not previously ... informed by a casual contact that Hanif and Samir have been arrested by the Bombay Police for their complicity in bomb blasts.(xx) On hearing the news, I got frightened as these fellows had given me the AK-56 rifles and they may tell my name to the police to involve me in the bomb blasts case. I contacted my friend Mr. Yusuf ... residence by wanted accused Abu Salem Qayum Ansari (then absconding now A- 139) and Manzoor Ahmed Sayed Ahmed (A-89) and thereby aided and facilitated the distribution of firearms, ammunition and explosives smuggled into India by other co-conspirators for committing terrorist acts and thereby committed an offence punishable under Section 3 (3) of TADA. At head Thirdly: The appellant, in pursuance of ... the CBI fails and the same is dismissed.Criminal Appeal No. 1104 of 2007Samir Ahmed Hingora (A-53) Vs. The State of Maharashtra, thro. Superintendent of Police, CBI (STF), Bombay[Criminal Appeal No. 1026 of 2012]The State of Maharashtra, through CBI (STF), Bombay Vs. Samir Ahmed Hingora (A-53)97) Heard Mr. Mukul Rohtagi and Mr. V.K. Bali, learned senior counsel forA-53 ...

Mar 21 2013

IBRAHIM MUSA CHAUHAN @ BABA CHAUHAN Vs. STATE OF MAHARASHTRA

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... Razak Memon v. State of Maharashtra thr. CBI (Criminal Appeal No.1728 of 2007), there is thus, no occasion for us to repeat the same. B. The Bombay Blasts occurred on 12.3.1993, in which 257 persons lost their lives and 713 were injured. In addition thereto, there was loss of property worth several crores. The Bombay police investigated the said matter at ... under Sections 3(3), 5 and 6 TADA, as well as under Sections 3 and 7 read with Section 25(1-A) (1-B) (a) of the Arms Act, 1959 (hereinafter referred to as the Arms Act ), Section 4(b) of the Explosive Substances Act, 1908 (hereinafter referred to as the Act 1908), and Section 9-B(1) (b) of the Explosives Act, 1884 (hereinafter referred to as the Act 1884 ... for household expenses by Tiger Memon, and she did not work for him or had any knowledge of her involvement in terrorist activities. Thus, the appeal deserves to be allowed.139. Mr. Mukul Gupta, learned senior counsel for the State vehemently opposed this appeal by stating that her confession itself reveals that she knew that Tiger Memon was a smuggler. Moreover ... The State of Maharashtra Respondent 174. This appeal has been preferred against the judgment and order of conviction and sentence dated 6.6.2007 passed by a Special Judge of the Designated Court under the TADA in Bombay Blast Case No.1 of 1993, by which the appellant had been convicted under Section 3(3) of Terrorist and Disruptive Activities (Prevention) Act, 1987 (hereinafter ...

Mar 26 1993

S.M. Mallewar and others Vs. State of Maharashtra and others

  • Decided on : 26-Mar-1993

Court : Mumbai

Reported in : AIR1993Bom327; 2004(3)BomCR371; 1993(1)MhLj685

... have already held that Section 139(1)(a) of the Bombay Prohibition Act, 1949, is more in nature of conditional legislation rather than in the nature of a delegated legislation. After careful consideration of the rival submissions made at the Bar, I have no hesitation in accepting the submission made by Shri Deshpande and the learned counsel for the State of Maharashtra that the powers ... of following such traditions. In Balsara's case AIR 1951 SC318 : 1951 Cri LJ 1361 it was held by Fazl Ali, J. that the exemption granted by the Government in favour of navel forces etc. was valid. The prohibition of intoxicant liquor is introduced by stages and thus Section 139(1)(a) of the Bombay Prohibition Act confers powers on the State Government to provide for ... the subsisting licence inoperative as already discussed in the earlier part of this judgment. Accordingly the ratio of the judgment of the Supreme Court in the case of Commissioner of Police v. Gowardhan Bhanji shall have no application. If the Collector of Gadchiroli was required to give hearing to the licence holders, the question to be asked is as to ... 1 summarize my conclusions as under :--(i) Section 139(1)(a) of the Bombay Prohibition Act, 1949 is valid.(ii) Section 56 of the Bombay Prohibition Act, 1949 is valid.(iii) (a) The impugned order dated 14th September, 1992 is not invalid on the ground that the same is beyond the scope and ambitof Section 139(1)(a) of the Bombay Prohibition Act, 1949. The impugned order is intra vires( ...

Mar 21 2013

ESSA @ ANJUM ABDUL RAZAK MEMON Vs. STATE OF MAHARASHTRA TR.STF,CBI MUM ...

  • Decided on : 21-Mar-2013

Court : Supreme Court of India

... Section 29 of the State Financial Corporations Act, 1951 will be subject to the not obstante clause contained in Section 529-A of the Companies Act and observed: 10. The Act of 1951 is a special Act for grant of financial assistance to industrial concerns with a view to boost up industrialisation and also recovery of such financial assistance if it becomes bad and similarly the Companies Act ... Section 11(2) of the EPF Act. The Court made reference to provisions of both enactments, and placing reliance on earlier judgment in UCO Bank vs. Official Liquidator, High Court, Bombay & Anr. (1994) 5 SCC 1.A.P. State Financial Corpn. vs. Official Liquidator, (2000) 7 SCC 291.Textile Labour Assn. and Anr. vs. Official Liquidator and Another, (2004) 9 SCC 741.Maharashtra ... was taken out by Mane underneath the bed-sheet. Deposition of Shankar Rao Anna Patil (PW-574) PW-574 was in the Maharashtra Police Force since 1964. In his deposition dated 02.02.2000, he stated that on 22.04.1993, he went to the ... Memon from Lone Phata. (v) The appellant also accompanied A-61 and others while going to Shekhadi for the second landing. 139) A perusal of the confessional statements of all the above three accused persons, namely, A-14, A-42 and A- ... police. Confessional Statement of Janardhan Pandurang Gambas (A-81) Confessional statement of A-81 under Section 15 of TADA has been recorded on 20.05.1993 (17:30 hrs.) and 21.05.1993 (17:15 hrs.) by Shri T.S. Bhai, the then Supdt. of Police, Raigad-Alibaug, Maharashtra ...

Mar 18 2013

HIGH COURT OF PUNJAB AND HARYANA AT Vs. M/s. Atma Tube Products Ltd. & ...

  • Decided on : 18-Mar-2013

Court : Punjab and Haryana

... or their nominees or legal heiRs.The Merchant Shipping Act, 1958 (Section 141) also contemplates payment of compensation to a seaman and in the case of a deceased seaman, to the person nominated by him or to his legal heiRs.Section 44 of the Delhi Police Act, 1978 also contemplates payment of compensation to a ... .) 607; (ii) Bombay High Court in Shanta Ram versus Deepak, 2012(2) MHLJ 39 as well as in (iii) Balasaheb Rangnath Khade versus State of Maharashtra & Ors., (2012) Bom CR(Crl.) 632 have held that a complainant, even if he/she is the victim , would not fall under the proviso to Section 372 since ... would not fall under the proviso to Section 372 since the appeal to be filed by such victim has been separately contemplated under Section 378(4) of the Code. Uttrakhand High Court in Special CRM-790-MA-2010 final - 44 - Leave to Appeal in Criminal Appeal No.139 of 2011, Bhagwan Singh v. State ... to his legal heiRs.Section 44 of the Delhi Police Act, 1978 also contemplates payment of compensation to a person who has suffered loss or damage to his property or grievous hurt or to the legal heirs of any person who was no more alive. The Income Tax Act, 1961 [Section 10(BC)].permits ... under Section 482 CrPC No.5934 of 2012. Contrary to it, (i) Madhya Pradesh High Court in Dharamveer Singh Tomar versus Ram Raj Singh Tomar, 2011(3) RCR (Crl.) 607; (ii) Bombay High Court in Shanta Ram versus Deepak, 2012(2) MHLJ 39 as well as in (iii) Balasaheb Rangnath Khade versus State of Maharashtra & ...

Feb 20 2014

Abu Salem Abdul Qayoom Ansari @ Abdul Sa Vs. State of Andhra Pradesh R ...

  • Decided on : 20-Feb-2014

Court : Andhra Pradesh

... , the point is whether his trial for those offences is in contravention of Extradition Order and Section 21 of Extradition Act, 1962. The issue is no more res integra, since the Honourable Apex Court in its judgment in Abu Salem Abdul Qayoom Ansari versus State of Maharashtra (vide 14 supra) has given clarification. The background history of said judgment and also the subsequent ... -03-1993 in the city of Bombay causing the death of 257 persons and injuries to some others and loss of property worth Rs.27 crore crime was registered in RC-1(S/93)/CBI/STF and investigation was carried out and present appellant/A1 was shown in the charge sheet as absconding accused (A-139) and Red Corner Notice was issued ... supra, obtained passports from Regional Passport Office (RPO).Secunderabad during the year 2001 by furnishing false documents with the connivance of A4-G.Srinivas, passport clerk, (D2 Section) in the office of Superintendent of Police, Kurnool District, Kurnool; A5-Shaik Abdul Sattar, Head Constable, Special Branch, Kurnool; A6-Abdul Hameed, unauthorised passport agent of Kurnool. On source information, the Inspector, CBI, Hyderabad ... conspiracy was hatched is sustainable. iii) In Major E.G.Barsay v. State of Bombay's case (10 supra) it was held that it is not necessary all the parties should agree to do a single illegal act. It may comprise commission of number of acts. iv) In State of Maharashtra v. Som Nath Thapa's case (11 supra) it was held that when ...

May 21 1991

Maharashtra Wine Merchants Association and Others etc. Vs. The State o ...

  • Decided on : 21-May-1991

Court : Mumbai

Reported in : AIR1992Bom3; 1992(2)BomCR523; 1991(2)MhLj1258

... premises under the said Act shall be kept closed. The relevant rules are as under : (i) Rule 26 of the Maharashtra Country Liquor Rules, 1973; and (ii) Rule 9A of the Maharashtra Foreign Liquor (Sale on Cash, Register of Sales, etc.) Rules, 1969; and (iii) Rule 55 of the Bombay Foreign Liquor Rules, 1953. Rule 9A (2) (c) of the Maharashtra Foreign Liquor (Sale on ... a riot or unlawful assembly, it is lawful for the Executive Magistrate or Police Officer to pass the preventive orders. It is settled law that sub-section of a particular section can be taken into consideration for interpretation of another sub-section of the same section. Prima facie, S. 142 of the Act appears to have no application to this case. 10. The learned Government Pleader ... and Election Commission. 9. During the course of the discussion my attention was also invited to S. 139 of the Bombay Prohibition Act. S. 139 of the Act, 1949, confers wide powers on the State Government to pass general or special orders. S. 139(1)(f) of the said Act empowers the State Government to prescribe the days and the hours during which the wine shops shall ... the Bombay Prohibition Act are kept closed on the day of election and two days immediately before the day of poll. The statutory rules referred to hereinabove have force of law. (b) On 6th May 1991, the Collector of Bombay (City) issued an order bearing No. FL.R/CLR/1191/C-3 declaring that all the licence holders under the provisions of Maharashtra Foreign ...

Jul 20 2001

Crompton Greaves Ltd. Vs. State of Maharashtra and Ors.

  • Decided on : 20-Jul-2001

Court : Mumbai

Reported in : AIR2002Bom65; 2002(2)BomCR300; 2002(2)MhLj305

... impugned legislation.9. It is contended on behalf of the Maharashtra State Co-operative Bank, Saraswat Co-operative Bank and Bombay Mercantile Co-operative Bank that the Act has discriminated between the scheduled banks and other banks. The Rent Control Bill originally did not provide for exemption to banks or scheduled banks under Section 3(1)(b). However, the legislation as passed exempted ... discriminations and require only that the classification challenged be rationally related to a legitimate State interest. States are accorded wide latitude in the regulation of their local economies under their police powers, and rational distinctions may be made with substantially less than mathematical exactitude. Legislatures may implement their programme step by step... in such economic areas, adopting regulations that only ... Court in C. N. Rudramurthy etc. v. K. Barkathulla Khan and Ors., 1999(2) SCC 261 wherein it was observed : (at Page 139)'(9) It is submitted that if we take the view that Section 31 of the Karnataka Rent Act is valid in view of D. C. Bhatia's case, then the enactment will keep out of its purview large number ... judgment.2. Section 3(1)(b) of the Maharashtra Rent Control Act, 1999, which is hereinafter referred to for the sake of brevity as the Act, lays down :'Section 3(1) -- This Act shall not apply -- (a)....... (b) to any premises let or sub-let to banks, or any Public Sector Undertakings or any Corporation established by or under any Central or State Act, or ...

Feb 13 2001

Anwar Hussain Mohd. Idris Ansari Vs. State of Maharashtra

  • Decided on : 13-Feb-2001

Court : Mumbai

Reported in : 2001ALLMR(Cri)609; 2001BomCR(Cri)694; (2001)3BOMLR338

... of Maharashtra, referred above, four accused persons were jointly appraised of their right under Section 50 of the Act. Following the view in Paramjeetsingh and another v. State of Punjab, the Division Bench of this Court observed that, it was necessary for the officers of the raiding party to appraise the accused persons individually regarding their right contemplated under Section 50 of the Act of ... the only corroboration. Evidence of Asma and Shri Pasbola, Advocate shows that she had been attempting to approach the Police Station and the Advocate and she has also sent telegrams to highest authorities, such as Commissioner of Police and the Chief Justice of Bombay High Court. Although defence has not been able to bring on record original of the telegram from either of ... entry by reading the whole entry in evidence. None of the parties objected to it.On perusal of Exhibit 139/A, which is xerox copy of all station diary entries, Sr. Nos. 1 to 44, dated 6.1.1994 as effected by Mumbra Police Station, it is ascertained that the entry No. 33 is not interpolation nor addition of paper etc. The ... from total compliance of Section 50 in letter and spirit.In the oral evidence, as well as contemporary documents, prosecution claims that all accused were informed of their right to be taken to nearest Gazetted Officer for personal search. The emphasis of learned counsel for appellants was the joint appraisal. In case of Dharamveer v. State of Maharashtra, referred above, four accused ...

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