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Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: supreme court of india Year: 2011 Page 5 of about 182 results (0.127 seconds)

Jan 28 2011 (SC)

State Through C.B.i Vs. Mahender Singh Dahiya

Court : Supreme Court of India

Decided on : Jan-28-2011

..... discovered from the container. the high court further notices that the details of clothing and shoes do not find mention in the report of the police dated 30th may, 1979. the report simply mentions that there were several pieces of ladies' clothing which were seized and would be described in ..... that the respondent was nervous and agitated during the interview. he specifically returned to the police station after they had walked out of the station to complain that he felt threatened by his in-laws and expecting trouble from them. xvii) ..... pw-48. the respondent's explanation regarding the circumstances in which namita left him was made known to pwuk-17, nicolas linfoot, sergeant officer, police station, acton. he had also given the evidence on commission which was available at the trial. in his statement on commission, pwuk-17 disclosed ..... of recovery of clothes and shoes of namita along with dismembered human body.m. absconding of the accused and the efforts made by the police in apprehending him vis-`-vis explanation given by the accused in that regard.n. reference received from belgium government for extradition of the accused and ..... been duly recorded by the trial court. the respondent had been petitioning the police authorities as well as the home minister and the prime minister of india seeking protection. evading arrest would certainly be an illegal act but it does not lead to the only conclusion that the respondent was hiding .....

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Nov 25 2011 (SC)

State of Haryana Vs. Rajmal and anr

Court : Supreme Court of India

Decided on : Nov-25-2011

Reported in : 2012(1)KLT8(SN); AIR2011SCW6816; 2012(2)SCJ258; 2012(2)MLJ(Crl)141; 2012CriLJ688

..... along with head constable bir singh/p.w.-2 formed a raiding party and raided the house of the accused persons. b) on seeing the police party, both the accused persons by scaling the wall, fled away from their house by taking advantage of the darkness. c) however the investigating ..... such other officer of the animal husbandry department as may be prescribed. 20. the expression slaughter is defined in section 2(e) of the act, which is as follows: 2(e) - slaughter means killing by any method whatsoever and includes maiming and inflicting of physical injury which in the ..... after the appreciation of evidence, vide judgment- dated 14.09.1998 the trial court convicted the accused persons under section 8 of the said act and sentenced each of them to undergo rigorous imprisonment for a period of one year. h) the accused persons challenged the aforesaid conviction and sentence ..... . sessions judge, gurgaon were set-aside by the high court in revision. 3. the accused persons were convicted under section 8 of the act and sentenced to undergo rigorous imprisonment for a period of one year by the court of sub-divisional judicial magistrate, ferozepur vide judgment dated 14 ..... -accused persons (hereinafter the accused persons ) from all the charges levelled against them under section 8 of the punjab prohibition of cow slaughter act, 1955 (hereinafter the act ). by this impugned order, the judgment and order passed by the sub- divisional judicial magistrate, ferozepur and the appellate order passed by .....

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Dec 05 2011 (SC)

Ms Bharati Balkrishna Dhongade Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Dec-05-2011

Reported in : 2012(1)KLT17(SN); 2012(1)SCC566; AIR2012SCW383; 2012(1)KCCR16(SC)(SN); 2012(2)SCJ68; AIR2012SC633; 2012(1)BCR811; AIR2012(2)(Bom)R272

..... . subsequently, some orders were issued under the said articles in relation to union territories and other states and there have been certain amendments in relation to orders issued, by amendment acts passed by parliament. 15. thus it is clear that states have no power to amend presidential orders. consequently, a party in power or the government of the day in a ..... tribes, de-notified tribes (vimukta jatis), nomadic tribes, other backward classes and special backward category (regulation of issuance and verification of) caste certificate act, 2001. inasmuch as the burden of proof under section 8 of the said act being on the person who claims to belong to that caste, tribe, or class, in view of the factual conclusion by the committee based .....

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Jul 06 2011 (SC)

Jalpat Rai and ors. Vs. State of Haryana

Court : Supreme Court of India

Decided on : Jul-06-2011

..... dead while pawan and pw-4 were brought injured. on receipt of the two rukkas, haricharan (pw-20) who was sub-inspector left the police station for general hospital, jind along with two constables. at the main gate of the general hospital, pw-20 met pw-1 who gave ..... it is prudent to look for corroboration of their evidence by medical/ballistic evidence and seek adequate assurance from the collateral and surrounding circumstances before acting on their testimony. the lack of corroboration from medical and ballistic evidence and the circumstances brought out on record may ultimately persuade that in ..... his murder and thereby you accused sham sunder, purshotam, jalpat rai and satish kumar committed an offence punishable under section 27 of the indian arms act and within the cognizance of this court. 21. the prosecution in support of its case examined 23 witnesses in all . three of these witnesses ..... such unlawful assembly, you all the accused caused injuries to rohtas with such intention or knowledge and under such circumstances that if by that act, you had caused the death of said rohtas, you would have been guilty of murder and thereby committed an offence punishable under section 307 ..... are the appellants in the two appeals before us filed under section 2 of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 (for short, `1970 act'). a-2 filed special leave petition against his conviction which came to be dismissed by this court summarily.5. the prosecution case .....

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Jul 06 2011 (SC)

Commissioner of Central Excise Vs. M/S. Doaba Steel Rolling Mills

Court : Supreme Court of India

Decided on : Jul-06-2011

..... parameters of the rolling mill.11. dissatisfied with the said order, the commissioner made an application to the high court under section 35h of the act, seeking a direction to the tribunal to refer the question of law, which according to him, arose from the order of the tribunal. vide ..... manufacture of hot re-rolled steel products of non-alloy steel in a hot steel rolling mill, classifiable under chapter 72 of the central excise tariff act, 1944, for the purpose of levy of excise duty etc. on 5th january, 1998 the commissioner, central excise, chandigarh determined the annual capacity ..... modification in any of the factors relevant to the production of the factory.6. in exercise of the powers conferred by section 3a(2) of the act, by notification no. 23/97-ce (nt) dated 25th july, 1997, the central government framed and notified hot re-rolling steel mills annual capacity ..... introduce this provision was attributed to large scale evasion of payment of excise duty by certain sectors. thus, the insertion of the section in the act was with a view to safeguard the interest of revenue in the sectors, like induction furnaces, steel re-rolling mills etc., where evasion of ..... allahabad. by the impugned judgements, in the main reference applications, filed by the commissioner of central excise, under section 35h of the central excise act, 1944 (for short the act ), the questions referred by the customs, excise and gold (control) appellate tribunal, as it then existed, (for short the tribunal ) have .....

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Jul 07 2011 (SC)

State of Delhi Vs. Ram Avtar @ Rama

Court : Supreme Court of India

Decided on : Jul-07-2011

..... case, there is no public witness to ex.pw-6/a; and the recovery thereof; secondly, even the evidence of all the witnesses, who are police officers, does not improve the case of the prosecution. the defect in ex.pw-6/a is incurable and incapable of being construed as compliance with the ..... had prior intimation, that the accused was carrying smack, and the same could be recovered if a raid was conducted. it is also undisputed that the police party consisting of asi - dasrath singh, head constable- narsingh, constable - manoj kumar and lady constable-nirmla had gone in a government vehicle to conduct the ..... passing by, to join the raid but they declined to do so on some ground or the other. the police officer then served a notice ex. pw6/a in writing, under section 50 of the act upon the appellant but he declined to be searched either in presence of a gazetted officer or a magistrate. ..... illegal, being in violation to the provisions of section 50 of the act, it cannot, on the basis of the statement of the police officers, or even independent witnesses, form the foundation for conviction of the accused under section 21 of the act. once the recovery is held to be illegal, that means the ..... he was taken to the police station, narcotic branch on the pretext of issuing such no recovery certificate . he claims to have been falsely implicated in this case. the accused had taken a specific objection, with regard to non-compliance with the provisions of section 50 of the act, and had laid down this .....

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Jan 12 2011 (SC)

iqbal Moosa Patel. Vs. State of Gujarat.

Court : Supreme Court of India

Decided on : Jan-12-2011

..... 3 and within the knowledge of a-4, at the instance of a-2, therefore, invoking these provisions under section 35 and section 54 of ndps act qua these accused, it becomes their duty to prove beyond reasonable doubt that they were not in possession even by leading the evidence given by defence ..... story was totally false and that the trial court had rightly rejected as unworthy of any credit the statement allegedly recorded under section 67 of the ndps act. it was further submitted that out of two panch witnesses pw3-jignesh jaswantbhai modi had not supported the prosecution case including the recovery of the ..... the prosecution is false and concocted as is clear from the judgment of the trial court which eschewed the statement recorded under section 67 of the ndps act and also of mr. tomar (pw-5). the evidence of the panch witnesses to the recovery shows that there was no ring of truth in ..... in their statements under section 313 of the cr.p.c., the accused denied their involvement and alleged that their statements under section 67 of the ndps act had been recorded under duress. accused also examined as many as fourteen witnesses in their defence.4. the trial court eventually held all the accused ..... driver of the truck and derajram jat-accused no.3. appellant-iqbal moosa patel was taken into custody and his statement under section 67 of the ndps act recorded. a raid was then carried out on 7th july, 2001 at village varadia, khadaki street, district bharuch, which led to the seizure of heroin .....

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Feb 15 2011 (SC)

Sheo Shankar Singh. Vs. State of Jharkhand and anr.

Court : Supreme Court of India

Decided on : Feb-15-2011

..... mahto (pw2). based on the said statement/fir a case under section 302/34 and 120b of ipc and section 27 of the arms act was registered in police station govindpur and the investigation commenced.4. in the course of the investigation an inquest report was prepared by bdo, shishir kumar sinha, while ..... civil and criminal cases between them. aamlal kisku had in that connection taken the help of the deceased who had with the help of the police and local administration secured the restoration of the petrol pump to shri kisku which annoyed the appellant-sheo shankar singh and his father narmedeshwar pd. ..... a person belonging to scheduled tribe community but was being run by narmedeshwar pd. singh illegally. the deceased fought against them with the help of police and local administration because of which the ownership of the petrol pump was got restored to the owner concerned. the witness also refers to a ..... a motorcycle without a registration number sometime before the occurrence.3. on hearing a rumour about the killing of the deceased mla, sub inspector of police ramji prasad (pw17) rushed to the spot and recorded the statement of apurba ghosh (pw16) in which the informant narrated the details of the incident ..... singh. there is also evidence to the effect that the deceased had acted against what has been described as `coal mafia' of dhanbad with the help of police and administration to prevent the coal theft in the region and the steps taken by the deceased had .....

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Mar 29 2011 (SC)

Asmathunnisa Vs. State of A.P.

Court : Supreme Court of India

Decided on : Mar-29-2011

..... (for short `the 1989 act').4. the appellant filed a petition before the andhra pradesh high court under section 482 of the code of criminal procedure for quashing the proceedings in crime no.50 of 2006, police station jubilee hills, hyderabad. the high court, by the impugned judgment, has declined to ..... as under:a complaint was filed against the appellant and her husband mohd. samiuddin on 09.02.2006 before the sub- inspector of police, jubilee hills police station, hyderabad, which reads as under:"i am to inform you that just besides my house a building bearing no.8-2-293/82 ..... ]."the sum and substance of the above deliberation results in a conclusion that the investigation of an offence is the field exclusively reserved for the police officers whose powers in that field are unfettered so long as the power to investigate into the cognizable offences is legitimately exercised in strict compliance ..... 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 ..... where, the allegations in the fir do not constitute a cognizable offence but constitute only a non-cognizable offence, on 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 .....

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May 06 2011 (SC)

Sushil Suri Vs. C.B.i and anr.

Court : Supreme Court of India

Decided on : May-06-2011

Reported in : AIR2011SC1713

..... an agreement between the accused for commission of such crime alone is enough to bring about a conviction under section 120b and the proof of any overt act by the accused or by any one of them would not be necessary. (see: suresh chandra bahri v. state of bihar11). 18.similarly, the ..... reading of the chargesheet, placed on record, that the gravamen of the allegations against the appellant as also the co-accused is that the company, acting through its directors in concert with the chartered accountants and some other persons: (i) conceived a criminal conspiracy and executed it by forging and fabricating a ..... (supra) relied upon by the high court, was sought to be distinguished by submitting that in that case the provisions of the prevention of corruption act, 1988 had been invoked; the bank had to file a suit for recovery of the amount due to it and the revision petition filed against framing ..... bank. it was contended that since in the present case, there is no allegation that the appellant had committed any offence under the prevention of corruption act 1988, at best, the allegation in the charge sheet may attract section 420 of the ipc, which offence is otherwise compoundable under section 320 of ..... 468, 471 ipc read with sections 5(2) and 5(1)(d) of the prevention of corruption act, 1947 and section 13(2) read with section 13(1)(d) of the prevention of corruption act, 1988. the allegation under the chargesheet was that the accused persons had conspired with each other in fraudulently .....

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