Skip to content


Judgment Search Results Home > Cases Phrase: calcutta police act 1866 Court: supreme court of india Year: 2011 Page 6 of about 182 results (0.219 seconds)

Jul 07 2011 (SC)

State of Delhi Vs. Ram Avtar at 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 ..... officer 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 ..... 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 .....

Tag this Judgment!

Aug 04 2011 (SC)

idea Mobile Communication Ltd. Vs. C.C.E.and C.,cochin

Court : Supreme Court of India

Decided on : Aug-04-2011

..... stage that after the remand of the matter by the supreme court to the sales tax authorities the assessing authority under the sales tax act dropped the proceedings after conceding the position that sim card has no intrinsic sale value and it is supplied to the customers for providing ..... selling cellular telephone instruments, sim cards and other accessories and was also paying central sales tax and sales tax under the kerala general sales tax act, 1963 as applicable. the question was one of the valuation of these goods. the state sales tax authorities had sought to include the activation ..... or in the nature of value addition, and, therefore, also amount to parts of the sale and become exigible to sales tax under the kgst act. (b) both the selling of the sim card and the process of activation are services provided by the mobile cellular telephone companies to the ..... commissioner (appeals), customs and central excise which was dismissed vide order dated 08.04.2003. the appellant preferred appeal u/s 35b of central excise act, 1944 before the central excise and service tax tribunal (hereinafter referred to as tribunal ) viz. appeal no. st/18/03 against the order dated ..... both the cases interest and penalty were levied. 5. being aggrieved, the appellant filed appeal before the respective appellate authorities under the kgst act and central excise act, 1944. there were consequential recovery proceedings against the appellant and the appellant filed writ petition o.p. no. 4973 of 2001(p) in .....

Tag this Judgment!

Sep 29 2011 (SC)

M/S. Royal Orchid Hotels Limited, and anr. Vs. G. Jayarama Reddy, and ...

Court : Supreme Court of India

Decided on : Sep-29-2011

..... court in 1991: 2. on a requisition sent by the corporation, the state government issued notification dated 29.12.1981 under section 4(1) of the land acquisition act, 1894 (for short, `the act') for the acquisition of 39 acres 27 guntas land comprised in various survey numbers including survey no.122 of kodihalli and challaghatta villages, bangalore south taluk. after considering ..... the reports submitted by the special deputy commissioner, bangalore under section 5a(2) and section 6(1a) (added by the karnataka act no.17 of 1961), the state government issued declaration under section 6 in respect of 37 acres 4 guntas land. a combined reading of the two notifications makes it clear ..... owners of lands have accepted the compensation because in industrial development & investment co. pvt. ltd. v. state of maharashtra it is stated thus: ...the state itself which has acted illegally and without jurisdiction cannot plead that it should be allowed to retain the sum awarded in its favour by the land acquisition officer. respondent 5 who is described as ..... of tourist industry namely construction of hotel/tourist complex. the order passed by the government exempting the 3rd respondent from the purview of the urban land (ceiling & regulation) act 1976 also shows the intended transfer being made by the 3rd respondent is for the establishing of hotel/tourist complex. this is also borne out from the lease deeds executed .....

Tag this Judgment!

Sep 27 2011 (SC)

Smt. Har Devi Asnani. Vs. State of Rajasthan, and ors.

Court : Supreme Court of India

Decided on : Sep-27-2011

..... an abnormality in the behavior of the appellant wherefrom he could be certified as an insane person. 11. the investigation being complete, the police personnel left for the police station. the appellant was formally arrested as recorded in the arrest memo ex.pw-32/f at 10:00 pm from the place of ..... had no previous criminal record and the chances of repetition of such criminal acts at his hands making the society further vulnerable are not apparent. in coming to this conclusion this court observed: 20. .... a number of factors ..... his wife and under the belief that his two sons were not born of him, murdered those two innocent children. this court held that the act of accused was heinous, unpardonable and condemnable, but this court commuted the death sentence to life sentence inter alia on the ground that accused ..... wife and their three year old daughter. in that case, the accused, who is a member of the family of the deceased, committed the criminal act for monetary benefits while the deceased were sleeping. in dayanidhi bisoi (supra) this court, while awarding death sentence to the accused, relied on its previous ..... the answer to the foregoing question be in the negative, whether the sentencing procedure provided in section 354(3) of the cr.p.c., 1973 (act 2 of 1974) is unconstitutional on the ground that it invests the court with unguided and untrammelled discretion and allows death sentence to be arbitrarily or .....

Tag this Judgment!

Sep 15 2011 (SC)

Jeet Singh, an anr. Vs. Union of India and ors.

Court : Supreme Court of India

Decided on : Sep-15-2011

..... interim relief because in that event, if the information is not correct, he might be held guilty under the provisions of the contempt of courts act. in the instant case, there is nothing on record that prior to 27th march, 2003, the land acquisition collector had received any communication ..... in the aforestated set of circumstances, in our opinion, the acquisition proceedings cannot be permitted to lapse, especially when the land acquisition collector had acted promptly after getting a certified copy of the order whereby the stay granted in cwp no. 6687 of 1998 was vacated. as his counsel was ..... of the land shall lapse: provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984, the award shall be made within a period of two years from such commencement. explanation- in computing the period of two years referred to ..... period during which the government authorities were prevented from taking further proceedings by the court, there would be no violation of section 11a of the act. he further submitted that at the time when the aforestated order dated 23rd july, 2002 was passed by the high court, respondent no.3 ..... communicated to the land acquisition collector on 27th march, 2003 and, therefore, the award was made within the period prescribed in section 11a of the act. 4. being aggrieved by the dismissal of the petition and a review petition, which was filed subsequently, these appeals have been filed by the .....

Tag this Judgment!

Sep 06 2011 (SC)

Mig Cricket Club. Vs. Abhinav Sahakar Edn.Society and ors.

Court : Supreme Court of India

Decided on : Sep-06-2011

..... as playground and hence, the modification in the final development plan can be done in exercise of the power conferred under section 37(2) of the act. in fact, while issuing the notification dated 10th april, 1985, such a power was exercised which would be apparent from the notification and the ..... the draft development plan was prepared on 30th april, 1984, there was no finalization of the said plan in terms of section 31 of the said act otherwise than the notification of 10th april, 1985. being so, there was no occasion for the respondents on 10th april, 1985 to exercise the powers ..... was a minor modification in relation to a specific plot of land of a development plan sanctioned by the state government before the commencement of the act. it was further pointed out that the draft development plan for the entire area was already prepared on 16th october, 1984 and after hearing the ..... a resolution sanctioning user of the said plot for the purpose of a school. ultimately in exercise of the powers under section 37(2) of the act, a notification dated 10th of april, 1985 came to be issued and published in the government gazette on 25th of april, 1985. by the said ..... for school and cultural centre . 2. according to the writ petitioner - respondent no. 1 abhinav sahkar education society, a society registered under the societies registration act, 1860 (hereinafter referred to as the writ petitioner ) it was allotted a portion of plot of land admeasuring 7224 sq. yards, bearing survey no. 341 .....

Tag this Judgment!

Sep 02 2011 (SC)

Arun Kumar Aggarwal. Vs. State of M.P. and ors.

Court : Supreme Court of India

Decided on : Sep-02-2011

..... judge. however, the sanction of the government was necessary as mandated by section 19 of the pca in order to prosecute the said accused respondents. acting upon the complaint of the appellant, the lokayukta police, after conducting the investigation, had exonerated respondent nos. 2 to 4 of all the charges leveled against them and submitted final closure report, under section ..... learned counsel for the appellant submits that the special judge, vide his order dated 26.4.2005, refused to accept the closure report submitted before him by the lokayukta police as he found it to be not reasonable and finally rejected it. the other portion of the order, wherein the learned special judge observed particularly about the initiation of ..... housing board, alleging financial loss to the government, to the lokayukta, bhopal. subsequently, the special police establishment (lokayukta), jabalpur (hereinafter referred to as the lokayukta police ) registered an fir no. 165 of 2002 against accused respondent nos. 2 to 4, as the alleged act or conduct of the accused respondents, all working as government servants, amounts to an offence under section ..... 13 (1-d) and 13(2) of the prevention of corruption act, 1988 (hereinafter referred to as the pca .....

Tag this Judgment!

Nov 02 2011 (SC)

Ramji Veerji Patel and ors. Vs. Revenue Divisional Officer and ors.

Court : Supreme Court of India

Decided on : Nov-02-2011

Reported in : 2011(4)KLT141(SN); 2011(10)SCC643; 2012(1)LW144; 2012(1)MLJ795; AIR2011SCW6570; 2012(3)CTC325

..... acquisition. 26. with regard to the above contention of mr. pallav shishodia, it is enough to say that it overlooks section 3(cc) and section 3(e) of the act, substituted by act 68 of 1984. the definition of `company' in section 3(e) after substitution in 1984 is as follows: s.3(e).- the expression company means-- (i) a company as ..... government was not persuaded to accept the landowners' objections and on consideration of the rdo's report proceeded with the issuance and publication of declaration under section 6 of the act. 21. mr. pallav shishodia, learned senior counsel for the appellants vehemently contended that the land belonging to the telc is suitable as that land is situated just behind the ..... rehabilitation of persons displaced from their land although by such compulsory acquisition, their livelihood gets affected. for years, the acquired land remains unused and unutilised. to say the least, the act has become outdated and needs to be replaced at the earliest by fair, reasonable and rational enactment in tune with the constitutional provisions, particularly, article 300a of the constitution. we ..... depot, particularly for a workshop, at chidambaram, the state government of tamil nadu (for short, `the government') issued a notification under section 4(1) of the land acquisition act, 1894 (for short, `the act') which was published in the gazette on march 3, 1989 notifying for general information that the land mentioned therein, namely, land admeasuring 1.45 acres comprised in t .....

Tag this Judgment!

Feb 02 2011 (SC)

M. NagabhushanA. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Decided on : Feb-02-2011

..... that these two plots of land were outside the purview of the framework agreement (fwa) and notification issued under sections 28(1) and 28(4) of karnataka industrial areas development act (kiad act). while dismissing the writ petition, the learned single judge held that the acquisition proceedings in question were challenged by the writ petitioner, the appellant herein, in a previous writ ..... behalf of the appellant an additional ground has been raised that the acquisition stood vitiated since no award was passed as contemplated under section 11a of the land acquisition act (hereinafter "the said act").5. one of the contentions raised before the division bench on behalf of the appellant was that the question of principle of constructive res judicata is not applicable ..... apply its mind to the acquisition proceedings and there is total non application of mind by the government to the relevant facts in initiating the acquisition proceedings under the kiadb act.""there was a total change in the stand of the opponents with regard to the `public purpose' which was stated in the preliminary notification vis-`-vis their statement of ..... in pratap and another v. state of rajasthan and ors. - (1996) 3 scc 1. in that case the acquisition proceedings commenced under section 52(2) of rajasthan urban improvement act, 1959 and the same contentions were raised, namely, that the acquisition notification gets invalidated for not making an award within a period of two years from the date of notification .....

Tag this Judgment!

Feb 03 2011 (SC)

Wakkar, Sheikh Zakaullah and State of U.P. Vs. the State of U.P., Akhl ...

Court : Supreme Court of India

Decided on : Feb-03-2011

..... these articles have contained human blood stains on them. these articles are said to have been recovered on the disclosure made by the appellants to the police. there was some criticism that there were no independent witnesses to the recovery except pw 1 and the investigating officer, r.p. sharma, pw 14 ..... and nanha pahalwan. they were convicted only for the offence of illegal possession of the illicit arms punishable under section 25(4) of the arms act. the high court rightly refused to convict them based only on the recovery of incriminating material objects. the high court has noted that their names ..... brother of the deceased. it is true that recovery of certain incriminating articles at the instance of the accused under section 27 of the evidence act by itself cannot form the basis of conviction. the recovery of incriminating articles and its evidentiary value has to be considered in the light ..... conviction of the appellants akhlaq, wakkar and imtiaz for the offences punishable under sections 302/149, 201, ipc and section 25(4) of the arms act and commuted their sentence for the offences punishable under section 302/149, ipc from death penalty to that of imprisonment for life. that, so far ..... 201, ipc. they were also sentenced to undergo rigorous imprisonment for six months each for the offence punishable under section 25(4) of the arms act. the aggrieved appellants in criminal appeal no. 200 of 2006 along with co-accused nanha pahalwan and salman have preferred their appeals in one set .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //