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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: supreme court of india Year: 2011 Page 2 of about 182 results (0.131 seconds)

Apr 04 2011 (SC)

Chandran @ Manichan @ Maniyan, and ors. Vs. State of KeralA.

Court : Supreme Court of India

Decided on : Apr-04-2011

..... but the police neither arrested him nor included him in the array of accused. instead the prosecution planted him as a prosecution witness. in that ..... evidence by the prosecution. here was a person who was unabashedly running his empire of spurious liquor trade and for that purpose had purchased politicians including the public representatives, police officers and other officers belonging to the excise department. the trade was going unabated. unfortunately, it is the elite of the society or the "haves" of the ..... irreparable like total blindness etc. and that is precisely what has happened in this case.5. on 22.10.2000, in the wee hours, sub-inspector of police, paripally received information that one raghunatha kurup of kulathoorkonam and seven others were admitted in the medical college hospital thiruvananthapuram for treatment on account of illness caused by consumption ..... was tutored by the police. his section 164 statement seems to have been recorded on 15th january and section 161 statement was prior to that. shri radhakrishnan pointed out that both his statements were clubbed together and there he himself admitted having committed the offence under the abkari act. shri radhakrishanam, therefore, argued that the police should have arrested him .....

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Jul 29 2011 (SC)

Padal Venkata Rama Reddy at Ramu Vs. Kovvuri Satyanarayana Reddy and o ...

Court : Supreme Court of India

Decided on : Jul-29-2011

Reported in : (2011)12SCC437

..... the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code.(3 ..... where, the allegations in the fir do not constitute a cognizable offence but constitute only a non- cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code.(5) where the allegations made in the fir or ..... of the process of any court or otherwise to secure the ends of justice. this section was added by the code of criminal procedure (amendment) act of 1923 as the high courts were unable to render complete justice even if in a given case the illegality was palpable and apparent. this section ..... proceeding against the accused.(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the ..... code or the concerned act, providing efficacious redress for the grievance of the aggrieved party.(7) where a criminal proceeding is manifestly attended with mala fide and/or where .....

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Nov 08 2011 (SC)

Anand Vs. Committee for Scrunity and Claims and ors.

Court : Supreme Court of India

Decided on : Nov-08-2011

Reported in : 2012(1)SCC113; 2012(1)MLJ830; AIR2011SCW6559; AIR2012SC314; 2012(3)SCJ496

..... maharashtra scheduled castes, scheduled tribes, de- notified tribes, (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2000 (for short the act'). the act made statutory provisions for verification and scrutiny of caste claims by the competent authority and subsequently by the caste scrutiny committee. in exercise of its rule making power ..... he claims to belong. in other words, an enquiry into the kinship and affinity of the applicant to a particular scheduled tribe is not alien to the scheme of the act and the rules. in fact, it is relevant and germane to the determination of social status of an applicant. we are of the view that for the purpose of ..... to decide the caste claim of the appellant within eight weeks of the date of receipt of the copy of the order. respondent no.2 was also directed not to act upon the termination notice. 3. in furtherance of the said order, the appellant made an application to the caste scrutiny committee under rule 11 of the maharashtra scheduled tribes ( ..... under the act, the state notified the rules laying down a complete procedure for obtaining and verification of scheduled tribes certificate. therefore, insofar as the state of maharashtra is concerned, the verification .....

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Nov 25 2011 (SC)

Rasiklal Manickchand Dhariwal and anr Vs. Ms M.S.S.Food Products.

Court : Supreme Court of India

Decided on : Nov-25-2011

Reported in : 2012(1)KLT4(S.N); 2012(1)LW1; 2012(2)SCC196,2012(1)SCJ513,2012(1)CTC741; 2012(2)SCC196; 2012(1)KCCR6(SN); 2012(1)MWN(Civil)434; 2012(2)MLJ595; AIR2012SCW1101

..... inspire confidence as assignment has been made for a consideration of rs. 500/- which is too meager and, as a matter of fact, the bombay police after investigation found that the two assignment deeds dated may 1, 1986 and april 1, 1992 were forged and fabricated. 65. we are not persuaded ..... supervisory jurisdiction. having regard to the facts of the present case, which we have already indicated above, it cannot be said that the trial court acted illegally or with material irregularity or irrationally or in an arbitrary manner in passing the orders dated february 28, 2005 and march 17, 2005. the ..... the courts of civil judicature also have to adhere to the procedure prescribed in the code and where the code is silent about something, the court acts according to justice, equity and good conscience. the discretion conferred upon the court by the code has to be exercised in conformity with settled judicial ..... was an appealable case. he also argued that the documents referred to in the affidavits have not been proved according to the provisions of the evidence act and under order xviii rule 4 of the code. it was, thus, contended by the learned senior counsel that there has been absolutely non-application ..... ors.1, this court stated the principle that one who hears must decide the case. the court said : the second objection is that while the act and the rules framed thereunder impose a duty on the state government to give a personal hearing, the procedure prescribed by the rules impose a duty .....

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Mar 15 2011 (SC)

National Campaign Committee for Central Legislation on Construction La ...

Court : Supreme Court of India

Decided on : Mar-15-2011

..... children and even make payment of maternity benefits to the female beneficiaries. the appropriate government is further required to appoint registering officers in terms of section 6 of the act and the establishments are required to be registered with that officer as per the provisions of section 7. the beneficiaries/workers are to be registered with the officer ..... the respondents in that petition had willfully disobeyed the orders of this court, particularly the order dated 18th january, 2010 and they have not implemented the provisions of the act. the registering officers have not been appointed and the workers are not being registered, resulting in non-implementation of the schemes for grant of benefits and the facilities ..... state welfare boards by the respective states, holding of meetings by the said boards at regular intervals to discharge their statutory duties, creating awareness about the benefits of the act amongst the beneficiaries through media, appointment of registering officers and setting up centres in each district for that purpose. this court further directed that all contracts with government shall ..... and, in particular, to establish the welfare boards, collect cess, complete the registration and grant benefits to the beneficiaries with immediate effect as per the provisions of the respective acts. further, it is also prayed that the rules and regulations relating to the health, safety and welfare of the workers, particularly the workers in relation to building and .....

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Mar 18 2011 (SC)

Sangam Spinners Ltd. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Mar-18-2011

..... of the government all along was to exclude the appellants from getting the benefit of the modvat credit, therefore, the contentions that the finance act violates the vested right is without any basis. the various decisions referred to and relied upon by the counsel appearing for the appellants in ..... with retrospective effect cannot be held as just and proper.35. we have already discussed the applicability of the provisions of the central excise act and the rules made there under, which are also read in context of the various notifications issued by the government of india. when read ..... president on 1st april, 2000.32. despite the aforesaid factual position, since the tribunal held otherwise, therefore, there was a necessity for the finance act to be brought in whereby a clarificatory explanation to the legal position was laid down. 33. despite the aforesaid two decisions of this court laying ..... implications and ambit of the issues raised it may be necessary to set out the various relevant provisions of the central excise act, 1944 [for short "the act"], and the rules framed thereunder and also the various notifications issued which are relevant for the purpose of deciding the present issues ..... provisions of law so as to nullify the substantive provisions itself. another submission of the counsel appearing for the appellants was that the finance act of 2000 intends to take away the rights accrued retrospectively which is burdensome and oppressive as the appellants were unable to pass on the .....

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Apr 21 2011 (SC)

State of Tamil Nadu and anr. Vs. India Cements Ltd. and anr.

Court : Supreme Court of India

Decided on : Apr-21-2011

..... schemes announced under the afore-mentioned government orders. we, therefore, hold that the said circular is binding in law on the adjudicating authority under the tngst act.24.for the reasons afore-mentioned, we do not find any merit in this appeal and the same is dismissed accordingly.25.however, in the facts ..... that as per the clarification issued by the commissioner of commercial taxes, in exercise of the power conferred on him under section 28a of the tngst act, the benefit of sales tax deferral scheme would be available to a dealer from the date of reaching of bpv or bsv, whichever is earlier, ..... issued by the office of the principal commissioner and commissioner of commercial taxes, chennai, in exercise of power conferred on him under section 28a of the tngst act. for the sake of ready reference, the relevant portion of the circular is extracted below:"as per goms no.119, ct & re/13.4.1994 as ..... exceeds the base production volume (bpv) in that year?15. the source of the sales tax deferral scheme is traceable to section 17a of the tngst act which enables the government to notify deferred payment of tax for new industries, etc. subject to such restrictions and conditions as may be deemed fit. therefore, ..... the circular would be binding upon the revenue even regardless of the interpretation placed by this court.21. similarly, in commissioner of customs, calcutta & ors. v. indian oil corpn. ltd. & anr.5, dealing with the circular issued by the board under section 151-a of the customs .....

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Aug 10 2011 (SC)

Mohd.Arif at Ashfaq Vs. State of Nct of Delhi

Court : Supreme Court of India

Decided on : Aug-10-2011

..... the british forces in the first war of independence in 1857 and the shifting of the seat of power from the red fort to the calcutta and later to new delhi, pt. jawahar lal nehru after his historic tryst with destiny speech unfurled the tricolor from the ramparts of the ..... as a militant having entered the indian territory with the object of spreading terror with the help of his other associate militants whom unfortunately the police could not apprehend and some expired before they could be tried. 73. in addition to these circumstances, there is another circumstance that a message ..... of other persons according to the prosecution who were the co-conspirator with the accused-appellant. however, they were not brought to book by the police. they were declared as proclaimed offenders. there is a separate charge-sheet filed against those proclaimed offenders also. 10. in order to establish an ..... identification number engraved on the mobile handset by the manufacturer) were obtained from mobile service provider essar. these numbers were 445199440940240 and 449173405451240. the police could also find out that the person who had mobile connection card having no.9811278510 had another mobile cash card of essar company with no.9811242154 ..... dd entry bearing number 9a was made at 2.35 a.m. on 26.12.2000 at police station kalyan puri. a separate fir number 419/2000 under section 25, arms act was also registered at police station kalyan puri, delhi. the fir is to be found vide exhibit pw-136b. the time .....

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Aug 11 2011 (SC)

Krishi Utpadan Mandi Samiti Vs. Ms. Baidyanath Ayurved Bhawan (Pvt.) L ...

Court : Supreme Court of India

Decided on : Aug-11-2011

..... kg. 12. in g. giridhar prabhu & ors. v. agricultural produce market committee, air 2001 sc 1363, this court considered similar provisions under the karnataka agricultural produce marketing (regulation) act, 1966, wherein the court was concerned with the term trader contained therein. after considering earlier judgments of this court, particularly, in h.p. marketing board & ors. v. shankar ..... , the appeal deserves to be allowed. 4. per contra, shri subramonium prasad, learned counsel appearing for the respondents, has submitted that as per the statutory provisions of the act 1964, the respondent no. 1 cannot be held to be the buyer or seller of the agricultural produce nor it is engaged in processing of agricultural produce, therefore, the ..... amla, gur and ghee etc. from the market area established under the act 1964, which are admittedly agricultural produce. therefore, being a trader, the respondent no. 1 is required to take a licence so far as the purchase of specified agricultural produce ..... end product and not for further transferring the agricultural produces to someone else and thus, the respondent no. 1 was not required to take licence under section 9 of the act 1964. hence, this appeal. 3. smt. shobha dikshit, learned senior counsel appearing for the appellant, has submitted that respondent no. 1 is manufacturing ayurvedic medicines and purchases .....

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Oct 13 2011 (SC)

Trambakeshwar Devasthan Trust and anr. Vs. President, Purohit Sangh an ...

Court : Supreme Court of India

Decided on : Oct-13-2011

Reported in : 2011AIRSCW6210; 2012(2)MLJ631; 2012(2)SCJ611

..... of the trust or having direct interest so as to conflict with the administration and management of the trust. as observed earlier section 2(10) of the act would envelope even the beneficiary of the trust. understood thus, it is incomprehensible that the tungars, purohits or the pujaris in the devasthan ..... to partake or is in the habit of partaking in the distribution of gifts of the temple is a person having interest. section 47(3) of the act quoted above provides that the charity commissioner shall have regard to the factors mentioned in clauses (a), (b), (c), (d) and (e) while ..... with the wakf or to participate in any religious or charitable institution under the wakf,(d) in the case of a society registered under the societies registration act, 1860, any member of such society, and(e) in the case of any other public trust, any trustee or beneficiary; 47. power of charity ..... the charity commissioner.3. the sole trustee gokhale, however, challenged the order dated 30.11.1981 of the charity commissioner under section 72 of the act before the district judge, nashik. after hearing the parties the 5th additional district judge, nashik in his order dated 28.12.1993, held that tungars ..... at trambakeshwar near nashik (for short `the temple').2. the facts very briefly are that a public trust under the bombay public trusts act, 1950 (for short `the act') was registered in respect of the temple in 1952 and one jogalekar was appointed as its sole trustee with hereditary succession. in 1965, .....

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