Court : Madhya Pradesh
Decided on : Nov-25-1968
Reported in : AIR1969MP177; 1969MPLJ516
..... case, 1951 ac 66 was here relied upon by the court in reaching the conclusion that the function of licensing under section 39 of the calcutta police act was administrative. following these decisions of the supreme court, a division bench of our high court held that the excise commissioner in confirming or refusing ..... revi-sional authorities in that matter exercise quasi-judicial functions. again, in kisban chand v. commissioner of police air 1961 sc 705 the function of commissioner of police under section 39 of the calcutta police act in the matter of granting or refusal of a licence for opening an eating house was held to be ..... a fit person to hold such a licence.'it was held that the commissioner of police in revoking the licence did not exercise any quasi-judicial function. lord goddard, c. j., in the course of his judgment referred to licences ..... (1) of london cab order, 1934 which provides :'a cab-driver's licence shall be liable to revocation or suspension by the commissioner of police if he is satisfied, by reason of any circumstances arising or coming to his knowledge after the licence was granted, that the licensee is not ..... would also be held to be judicial act english cases have, however, taken a different view of the act of cancellation or revocation of a licence which has been held to be a purely administrative act; nakkuda all v. jayaratne, 1951 ac 66; rex v. metropolitan police commissioner: ex parte parker, 1953-2 all .....Tag this Judgment!
Court : Kolkata
Decided on : May-30-1968
Reported in : AIR1969Cal157,1969CriLJ405
..... presidency town of calcutta'. obviously, the commissioner of police has jurisdiction to make the detention orders under the preventive detention ..... is said to have indulged in these activities within the jurisdiction of watgung police station. this is a suburban area and by a notification under section 1 of the suburban police act this area has been brought under the commissioner of police. calcutta. section 3 of the preventive detention act empowers the commissioner of police, calcutta, to make the detention order. it does not specifically say 'in the ..... .2. it appears that the detenu, mohd. idris is being detained on the basis of an order of detention made by the commissioner of police, calcutta, on february 5, 1968 under section 3 (2) of the preventive detention act, 1950.the detention order reads as follows: ''whereas i am satisfied with respect to the person known as mohd. idris, son of mohd. israil .....Tag this Judgment!
Court : Allahabad
Decided on : Apr-22-1968
Reported in : AIR1968All383
..... not be sufficiently emphasised. 16. the appellants rely upon kishan chand arora v. commissioner of police, calcutta, air 1961 sc 705. that was a case involving an examination of the nature of the power conferred under section 39 of the calcutta police act upon the commissioner of police in respect of grant of licences to keepers of houses and places of public resor! and ..... entertainment. the section read : 'the commissioner of police may, at his discretion from time to time, grant licences to the keepers of such ..... and an munition which a law-abiding individual would not ordinarily be expected to possess or manufacture or deal in. they are weapons which are normally associated with military and police organisations. 8. chapter iii contains provisions relating to licences. section 18 makes provision for the grant of licences. upon application made to the licensing authority, the licensing authority ..... houses or places of public resort and entertainment as aforesaid for which no licence as specified in the bengal excise act, 1909 is required, upon such conditions to be inserted in every such licence .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-11-1968
Reported in : AIR1970Bom59; (1969)71BOMLR253; ILR1970Bom68; 1969MhLJ234
..... it was treated more properly as a tax. it is the last contention which is germane to the issue before us, and that was that section 548 of the calcutta municipal act which authorised the levy as a tax as distinct from a fee was invalid as it amounted to an illegal delegation of legislative function to the corporation, because it left ..... whether legislation of that type is unconstitutional.' after noticing the judicial decisions on the subject, the learned judge observed that the delegation made under section 229 of the calcutta municipal act to the corporation of calcutta of the power to fix the rates of tax is valid.9. the next case relied upon is shanmugha oil mill v. market committee, : air1960mad160 . in this ..... if on the other hand, the impost was in the nature of a tax, the power to impose a tax was exercised under a provision of the act, namely, section 548(2) of the calcutta municipal act, which was void and invalid as it amounted to excessive delegation of legislative power. this contention was accepted by the learned single judge before whom the ..... prices by reference to any basic price.'17. it will now be useful at this stage to compare the provisions of section 548 of the calcutta municipal act with the provisions of section 114 of the corporation act, with which we are concerned in this case. if sufficient guide-lines are found indicating the policy of the legislature and the limits within which .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Mar-18-1968
Reported in : 22STC285(AP)
..... dealer effecting the subsequent sale obtained the form prescribed for purposes of clause (a) of sub-section (4) of section 8 of the central act. it is very frankly admitted by the learned counsel for the respondents that the state of andhra pradesh is the appropriate state from which such ..... authorities who are empowered to assess and collect tax under the state sales tax law are empowered to assess and collect the tax under the central act also, on behalf of the government of india. in order to test the contention put forward on behalf of the petitioner, it should be ..... light of these admitted facts it is contended for the petitioner (state of andhra pradesh) that the proviso to section 9(1) of the central act is clearly attracted to these cases and that, therefore, the petitioner was competent to levy and collect the tax from the respondents, on these transactions. ..... state, the respondents in their turn sold the railway receipts to buyers in rajasthan, west bengal etc. the respondents are registered dealers under the central act, in the state of andhra pradesh, and they have to obtain the c forms from the appropriate assessing authority as required by clause (a) of ..... turnovers were assessed by the state of andhra pradesh (petitioner) on behalf of the union government to a tax at 7 per cent, under the central act. thereupon the respondents preferred appeals to the assistant commissioner (c.t.), hyderabad (south), who dismissed the appeals. the respondents carried the matters further in .....Tag this Judgment!
Court : Guwahati
Decided on : May-24-1968
..... per se would not convert an excise officer's report of an offence under the assam act into a police report to attract the provisions of section 251-a of the criminal procedure code.with respect, the decisions of the calcutta high court and the madhya pradesh high court, referred to above, in view of the ..... the code. whatever justification there may be for holding that the report of an excise officer under the west bengal and the madhya pradesh acts is not a police report as contemplated under section 251-a, as the same has not been submitted under section 173 of the code of criminal procedure ..... clear that although an excise officer may not be a police officer in fact and in law, the report made ..... is a police report, but not so for the purposes of chapter xiv of the code of criminal procedure. this is the view which was taken by the calcutta high court in the case of premchand khetry v. the state : air1958cal213 , where the following passage occurs:section 20-g, opium act, makes it ..... procedure laid down in the west bengal and madhya pradesh acts, are correct; but, these decisions are .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-24-1968
Reported in : AIR1969Cal544,1969CriLJ1367
..... indulged in prostitution in the room i.e. she offered her body for promiscuous sexual intercourse for money. the prosecution examined p. w. 5, an assistant commissioner of police but he stated that he had no information as to the fact that the woman was using the room in the said premises as a brothel. this is a finding ..... no. 59, rafi ahmed kidwai road, calcutta, filed a petition against the present petitioner under ..... january 25, 1968 passed by the chief presidency magistrate, calcutta, under section 20 of the suppression of immoral traffic in women and girls act, 1956. the learned magistrate directed the petitioner to remove herself from premises no. 59. rafi ahmed kidwai road, calcutta and also from the area covered by park street police station, calcutta.2. one narsing narayan singh, landlord of premises ..... section 20 of the suppression of immoral traffic in women and girls act 1956 on the allegation that the petitioner was .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-15-1968
Reported in : AIR1970SC1636; 1970(0)BLJR619; 1970CriLJ1396; 2SCR411
..... not given reasons for entrusting the investigation to a police officer below the rank of deputy superintendent of police, section 5a of the act provides as follows :'notwithstanding anything contained in the code of criminal procedure. 1898, no police officer below the rank- (a) in the presidency towns of madras and calcutta, of an assistant commissioner of police, (b) in the presidency town of bombay, of ..... a superintendent of police, and (c) elsewhere, of a deputy superintendent ..... of police, shall investigate any offence punishable under section .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-01-1968
Reported in : AIR1969Bom285; (1968)70BOMLR778; 1969CriLJ1038; ILR1968Bom1180; 1969MhLJ91
..... his functions in relation to offences under this act:- (a) the special police officer of an area shall be assisted by ..... and (c) a deputy super intendment of police elsewhere. (3) for the efficient discharge of ..... by or on behalf a special police officer appointed by or on behalf of that government for dealing with officers under this act in that area. (2) the special police officer shall not below the rank of:- (a) an assistant commissioner of police in the presidency towns of madras and calcutta: (b) a super intendment of police in the presidency town of bombay ..... such number of subordinate police officers (including women police officers wherever practicable) .....Tag this Judgment!
Court : Karnataka
Decided on : Apr-16-1968
Reported in : AIR1968Kant332; AIR1968Mys332; ILR1968KAR449
..... products was throughout that period controlled by the iron and steel (control of production and distribution order, 1941) issued under the defence of india act, 1939, which was administered by the iron and steel controller in calcutta. the procedure adopted was that the purchaser placed the order for materials according to the specifications given by him through the iron and steel ..... the management of a sugar factory shall be bound to pay for any sugarcane purchased by it during the season.(18) on 1-4-1955, parliament enacted the essential commodities act, 1955 (act 10 of 195) to provide in the interest of the general public, for the control of production, supply and distribution of, and trade and commerce in, certain commodities, ..... ) whether the law made by parliament and the law made by the state legislature occupy the same field.'the learned special government pleader argued that in enacting the essential commodities act, 1955. parliament enacted an exhaustive code in respect of regulation of production and distribution of, and trade and commerce in, essential commodities of which sugarcane is one, that this ..... control o the production, supply and distribution of, and trade and commerce in, any essential commodity.(20) in exercise of the powers conferred by section 3 of the essential commodities act, 1955, the central government promulgated on 27-8-1955 the sugar (control) order, 1955, and the sugarcane (control) order, 1955. clause 3 of the latter order empowered the central .....Tag this Judgment!