Court : Delhi
Decided on : Feb-07-1968
Reported in : AIR1968Delhi196
..... 'barley' in the definition of 'coarse grain'.(4) the petitioners allege that, as a result of the amendment, they cannto, now, export barley and 'ghat' to places like calcutta, purnia and burdwan, as they were doing, and consequently, their fundamental right of trade has been violated. the petitioners, thereforee, challenge the validity of section 3 of the said ..... and availability of fair prices. the said decision, in my opinion, completely meets the attack of the learned counsel for the petitioners even against the said act. the preamble of the act reads:--'an act to provide, in the interest of general public, for the control of the production, supply and distribution of and trade and commerce in certain commodities.'; ..... the substance of the law, without being beguiled by the appearance thereof as the legislature cannto disobey the mandate of the constitutional provisions even indirectly. the arguments about the act suffering from vice of excessive delegation or being vocative of article 14 or as imposing unreasonable restrictions do always, to some extent, overlap. the reasonableness of the restrictions ..... harishankar bagla v. state of madhya pradesh, : 1954crilj1322 . the supreme court was in that case concerned with the validity of section 3 of essential supplies (temporary powers) act, 1946. their lordships held that the preamble and the body of the section sufficiently formulated the legislative policy inasmuch as the power could be exercised only for maintenance or increase .....Tag this Judgment!
Court : Allahabad
Decided on : Jan-05-1968
Reported in : AIR1969All489; 1969CriLJ1203
..... year 1955, near the dhakuria lakes police station tolleygunge, 3 store road, police station karaya, 77 hazra road, police station, bhawanipore, at the grand hotel calcutta, 3 and 6 belvedre park police station alipore 2-b outram street. calcutta, police station hastings, karnani mansion, police station beniapukur, railway quarters alipore, 12 godfrey mansion, police station garden reach and other places in calcutta, you committed rape on smt. harbans ..... been cross-examined on behalf of the accused at that stage of the proceedings. his statement, therefore, should not have been admitted in evidence under section 33 of the evidence act. it has, therefore, to be ignored. the learned trial judge has, however, held on the basis of the evidence furnished by the prosecutrix herself that some such performances ..... is, whether the deception being the same, namely the inducement to believe that the prosecutrix was the legally wedded wife of the accused throughout the period, the various acts spread over that period by which she is alleged to have parted with her money and jewellery can form the same transaction so as to attract the exception provided under ..... , therefore, obvious that the accused could not have been charged formore than three items of cheating and for a period beyond one year unless it is held that various acts of deception alleged against him had a continuous thread of a common purpose running through them and were so connected together as to form the same transaction. 41. a .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-27-1968
Reported in : AIR1969Cal451,1969CriLJ1120,73CWN547
..... boarding-house under the name and style of wedgewood hotel at 5-a sudder street within the jurisdiction of taltola police-station in the presidency town of calcutta. so, under section 13, sub-section (1) of the act, there shall be a special police officer appointed by the state government for dealing with such offences in such area. more, by sub-section (2), clause ..... , extraordinary, of the same date, appointing, amongst others, all assistant commissioners of police under the control of the deputy commissioner of police, detective department, (for short, d. d. hereafter), as special police officers for dealing with the offences under the act in the town of calcutta.3. the offences on hand were dealt with by assistant commissioner, a. s. sarkar of d. d.4. it ..... act --often a laborious process--all to himself, without ..... is not possible for a special police officer to deal with offences under the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-03-1968
Reported in : AIR1969SC90; 35(1969)CLT223(SC); [1968(17)FLR311]; (1969)ILLJ557SC; 1SCR287
..... year except in 1961-62. for the subsequent three years bonus was paid at the rate of four per cent under the payment of bonus act, 1965 (act xxi of 1965). the workmen were not satisfied with the payment at the rate of four per cent and raised a dispute. on august 22 ..... management hereby notified that as a direct consequence of the continued and sustained illegal activities of the workmen and their pre concerted and pre-meditated acts since 1st october 1967 by [illegally keeping confined and forcibly resisting the exit of the staff and some of the officers of the company in ..... neither agreed to nor accepted any compensation. the reference under the act was made on november 3, 1967 by the government of orissa primarily for adjudicating whether the appellant had declared a lock out by means of the ..... month in lieu of notice and reduced compensation under the proviso to sub-section (1) of section 25-fff of the industrial disputes act, 1947 (hereinafter called the act). it has not been disputed that out of 922 workers, 613 workers accepted compensation under the aforesaid provision. the remaining workmen, however, ..... a platoon of police force in the factory premises at the company's cost. a copy of the notice of closure dated october 3, 1967 was sent to the chief inspector of factories. it was pointed out to the tribunal that the employees in the branch offices at calcutta and madras had .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-18-1968
Reported in : AIR1970SC940; 1970CriLJ863; 1985(5)LC2239(SC); 1999(110)ELT324(SC); 2SCR461
..... mehta and the other persons accused. counsel for the accused objected to the admissibility of that evidence but the objection was overruled by the trial magistrate. the high court of calcutta rejected a petition invoking their revisional jurisdiction against the order of the trial magistrate, with special leave, mehta has appealed to this court.3. counsel for mehta urged three contentions ..... state of bihar, 0065/1963 : 1964crilj705 the decision in barkat ram's case was distinguished and it was observed(raghubar dayal, j., dissenting) that the expression 'police officer' in section 25 of the evidence act was not to be construed narrowly but in a wide and popular sense. the court in that case held that an excise inspector or sub-inspector under ..... that is not the position in the present case.21. in our judgment the view expressed by sinha, j., in calcutta-motor and cycle company v. collector of customs, : air1956cal253 that a proceeding under section 171-a of the sea customs act, 1878, being preliminary to a criminal trial any statement procured would beinadmissible under article 20(3) there being a formal ..... , section 5 of the import & export control act, 1947, and for specific offences committed in pursuance of the conspiracy. it was the case of the complainant that when mehta was searched on december 13, 1962, at the dum dum airport, calcutta, diamonds and jewellery worth rs. 1,91,000 were found on his person and currency notes of rs. 27,000 were .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-15-1968
Reported in : 71ITR269(Cal)
..... as such he had jurisdiction to make over the documents to the income-tax officer in compliance with his requisition under section 131(1) of the income-tax act read with order xiii, rule 10, of the code of civil procedure. we do not, therefore, see any ground to interfere with the order made by ..... , confers such power on the civil court to call for documents from other courts, the income-tax officer too has such powers under section 131(1) of the act. we should in this connection refer to the decision of s. k. sen and k. c. sen jj. in union of india v. state 1. there ..... has the power to call for a document from some other court. the powers conferred on the income-tax officer under section 131(1) of the act have not been specified with reference to particular provisions of the code of civil procedure but all the powers which the civil court has under the code have ..... has contended that the income-tax officer made the prayer before the additional chief presidency magistrate under section 131(1) of the income-tax act read with order xiii, rule 10, of the code of civil procedure, but the powers given to the income-tax officer under section 131(1) of the ..... made by the additional chief presidency magistrate, calcutta, making over certain documents seized by the police, to the income-tax officer, companies dist. iii, e ward, calcutta.on august 3, 1964, at about 3 p.m. when opposite party no. 1, kashiram agarwalla, was removing 9 trunk loads of documents, the police seized them. the same day the .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-26-1968
Reported in : AIR1969Kant41; AIR1969Mys41; ILR1968KAR389; (1969)ILLJ273Kant; (1968)2MysLJ166
..... was not attracted. in dulal ranjan aditya v. r. b. bose and others [1959 - i l.l.j. 22], a single judge of the calcutta high court, mukherji, j., held that the expression 'an authority subordinate' indicated an existing subordination and not where the authority dismissing the civil servant at the ..... state of madhya pradesh : air1964mp114 , in a division bench decision, dixit, c.j., held that where the sub-inspector of police was appointed by the inspector-general of police of rajasthan and in consequence of reorganization of states, he was allotted to the state of madhya pradesh, he could be dismissed by ..... other than the head of the transport department. 5. the first contention of sri mahendra is that under s. 116 of the states reorganization act, the respondents are deemed to have been appointed by the competent authority in the new state of mysore, who is the divisional controller. the ..... was violation of art. 311 of the constitution. sri. jagirdar also contends that sub-section (7) of s. 115 of the states reorganization act guarantees that the respondents' conditions of service shall not be varied to their disadvantage. as under their service conditions, the respondents could only be removed ..... there is no violation of art. 311 of the constitution. sri mahendra also argues, even without taking into account s. 116 of the states reorganization act, the question of subordination referred to in art. 311 arises only when both the authorities exist. here, in the new state of mysore, there .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-26-1968
..... removing authority was subordinate to the appointing authority otherwise, art, 311 was not attracted. in dulal ranjan adetya v. r. k. bose : (1959)illj22cal , a single judge of the calcutta high court, mukherjee, j., held that the expression 'an authority subordinate' indicated an existing subordination and not where the authority dismissing the civil servant at the time of dismissing suffers ..... was transferred. in ramratan balchand v. state of madhya pradesh : air1964mp114 , in division bench decision, dixit, c. j. held that where the sub inspector of police was appointed by the inspector general of police of rajasthan and in consequence of reorganisation of states, he was allotted to the state of madhya pradesh, he could be dismissed by the corresponding authority of ..... competence to dismiss him and there was violation of art. 311 of the constitution. sri jagirdar also contends that sub-section (7) of section 115 of the states reorganisation act guarantees that the respondents' conditions of service shall not be varied to their disadvantage. as under their service conditions, the respondents could only be removed by the head of the ..... controller and as such, there is no violation of article 311 of the constitution. sri mahendra also argues, even without taking into account section 116 of the states re-organisation act the question of subordination referred to art. 311 arises only when both the authorities exist. here, in the new state of mysore, there is no post of superintendent, road .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-19-1968
Reported in : AIR1969Cal431,76ITR217(Cal)
..... at the petitioners' premises. more than 500 documents were seized, some being admittedly irrelevant for the purpose of any proceeding under the income-tax act. the police force employed was found to be excessive. it was held that in view of all these circumstances, the search was not a bona fide one ..... gunny bags containing books of accounts, documents papers etc. found in the east corner room of the outhouse of premises no. 22, mandaville gardens, calcutta 19 which have been sealed with your signets and signatures of sri benarsilal gupta and also by us, are being taken with your consent to the ..... e) paragraph 17 of the petition. it is stated there that two different warrants were issued for searching the premises no. 21-a, canning street, calcutta, one in respect of mamchand and co. and another in respect of ramswaroop mamchand. in respect of these two businesses separata inventories were not prepared ..... gunny bags containing books of accounts, documents papers etc. found in the east corner room of the outhouse of premises no. 22, mandaville gardens, calcutta-19 which have been sealed with your signets and signatures of sri benarasilal gupta and also by us, are being taken with your consent to ..... assessed in 'd' ward district v (i). krishna kumar agarwalla has filed his return in his individual capacity in additional survey, district v (i), calcutta. prior to 31st january, 1967 the assessment of the firm of mamchand and co. had been completed upto the assessment year 1963-64 and returns .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1968
Reported in : AIR1968Cal540,1968CriLJ1411
..... in the provisions of section 173 of the code. the amendment of 1955 has conferred on the accused persons in cases arising out of police reports submitted after police investigation two distinct benefits in this regard, namely (1) it has simplified (sic) procedure for thr exercise by an accused of ..... of the code in 1955 has given to the accused. that privilege and that right cannot be taken away by any action of the police officer concerned in not complying with the requirements of section 173. the criminal procedure code never contemplates that a case started on a complaint will be ..... where it was held that under the amended code copies have to be prepared and furnished to the accused in all cases when there is police investigation under chapter xiv; but while there are provisions in sections 207a and 251a requiring the magistrate to satisfy himself that the documents referred to ..... offence under the imports and exports (control) article 1947.2. all tht cases were initiated on complaints although all of them were preceded by police investigations held under chapter xiv of tht code of criminal procedure in the cases pending before the magistrates, permission was taken by the investigating ..... legislature.16. in the rules arising out of trials before the presidency magistrates at calcutta there wert investigations under chapter xiv of the code of criminal procedure as section 6 of the imports and exports (control) act created a bar to the taking of cognizance of any offence under the art .....Tag this Judgment!