Court : Patna
Decided on : Oct-07-1996
..... code, when the individual disputes are raised and to meet a situation as in the instant case, there are provisions to be found in the police act for doing the needful. according to their lordships if the respective orders are make, it would clearly amount to abuse all the powers conferred by ..... other words, the magistrate's action should be directed against the wrongdoer rather than the wronged.9. in the case of acharya jagdishwaranand avdhuta v. commissioner of police calcutta and anr. reported in : 1983crilj1872 , while dealing with the scope of section 144(1), cr.pc the apex court has field, inter-alia, that ..... legal conception, then there was no justification for him to pass order dated 1.2.1992 when admittedly the said period had lapsed, directing the police to restore possession to the respondents. moreover, as a court of law, the magistrate as well as the sessions judge ought to have considered the ..... illegal mainly on two accounts. firstly, she contends, that in a proceedings under section 144, cr.pc the magistrate had no power to ask the police to dispossess' a party from her possession and to put another party in possession thereof. secondly, when admittedly on 1.2.1992 the period of sixty ..... the respondents from disturbing the rightful owner ship and peaceful possession of the plaintiffs. however, as the petitioners were forcibly thrown out by the local police from the suit premises on 12.12.1991, the petitioners had to withdraw the said suit on 11.2.1992. on 13.12.1991 the .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Decided on : Nov-15-1996
Reported in : (1997)(92)ELT659Tri(Chennai)
..... after its use as packing material then the cess cannot be charged at the anterior stage.there is nothing in the industries (development and regulation) act to permit multi point levy of cess in respect of the very same paper. in the circumstances we hold that the learned lower authority's order ..... once the manufacture or production of a particular product is complete, the charge by way of cess under section 9 of the industries (development and regulation) act gets fastened on to the same and the same is required to be paid in .the manner in which excise duties are paid. in case the ..... . - (1) there may be levied and collected as a cess for the purposes of this act on all goods manufactured or produced in any such scheduled industry as may be specified in this behalf by the central government by notified order a duty ..... which is wrapped in this.5. we have considered the pleas made by both the sides. we observe that charging section 9 of industries (development and regulation) act, 1951 envisages charging of cess. section 9 of charging section is reproduced below for convenience of reference: 9. imposition of cess on scheduled industries in certain cases ..... other paper at the time of clearance of that paper. the learned lower appellate authority has held that the cess on paper under the cess act can be collected only once.3. the learned jdr for the department has pleaded that as soon as the paper is produced the same becomes .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-18-1996
Reported in : 1997(6)ALT457
..... liable for the deeds done under the order by those whom they represent. the question does not arise because of the authorisation or otherwise. the authority for servants to act in the course of employment is always implied. to read in the jurisprudential concepts of such a dictum,'.......modern civil law recognises vicarious liability in two chief classes of ..... there is no insurance policy, but the owner becoming liable to pay the 'no fault liability', then the insurance company would automatically become liable under section 92-a of the act to indemnify the owner of the liability to pay the compensation viz., 'no fault liability'. admittedly there are atleast four insurance companies, as can bejudiciallynoticed, dealing with such insurance ..... shardaba karbai kala, : air1986bom386 . and manager, united india insurance co. ltd. v. shekamma , : air1994ap338 . concern with the question about carrying more persons in the vehicle than permitted. such an act of the driver or the owner of the vehicle is held not violation of the conditions of the policy as it would be a technical violation as has been spelt ..... to mean that it covers everything on this earth including the limit of liability, but it should be within the stipulations of the policy itself. section 3 of the insurance act, 1938 concerns with the kinds of insurance business which will be marine, aviation, transport, personal accident insurance, property insurance, motor vehicle insurance, pecuniary loss, war risk, natural risk etc .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-18-1996
Reported in : 1998ACJ1235
..... are liable for the deeds done under the order by those whom they represent. the question does not arise because of the authorisation or otherwise. the authority for servants to act in the course of employment is always implied. to read in the jurisprudential concepts of such a dictum..modern civil law recognises the vicarious liability in two chief classes of ..... there is no insurance policy, but the owner becoming liable to pay the 'no fault liability', then the insurance company would automatically become liable under section 92-a of the act to indemnify the owner of the liability to pay the compensation, viz., 'no fault liability'. admittedly, there are at least four insurance companies, as can be judicially noticed, dealing with ..... vehicle, and (3) use for carrying passengers in the vehicle except employees (other than the driver) not exceeding six in number coming under the purview of the workmen's compensation act, 1923. there is a clear prohibition to carry passengers except as per the contract stipulated to carry non fare paying passengers, as the law is that the contract of insurance ..... to mean that it covers everything on this earth including the limit of liability, but it should be within the stipulations of the policy itself. section 3 of the insurance act, 1938, concerns with the kinds of insurance business which will be marine, aviation, transport, personal accident insurance, property insurance, motor vehicle insurance, pecuniary loss, war risk, natural risk, etc. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-26-1996
Reported in : 1996VIAD(SC)237; AIR1996SC2560; JT1996(7)SC16; 1996(5)SCALE596; (1996)5SCC670; Supp4SCR92
..... well-settled that fees can be both regulatory and compensatory and that in the case of regulatory fees, the element of quid pro quo is totally irrelevant. (see corporation of calcutta v. liberty cinema, : 2scr477 ). taxes are raised for augmenting the general revenues of the state and not for any particular purpose - much less for rendering a particular service ..... nullify the settlement between the corporation and its employees. in the words of bhagwati, j., 'unfortunately the judgment of the calcutta high court remains almost unnoticed and the impugned act was passed in ignorance of that judgment.section 3 of the impugned act provided that the provisions of the settlement insofar as they relate to payment of annual cash bonus to class iii ..... to resort to that provision but instead parliament chose to enact the act impugned therein, depriving the employees of their bonus. the impugned act took away the benefit conferred by the mandamus issued by the calcutta high court upon the employees. this amounts to exercise of judicial power by parliament, which has been held to ..... that they do not think it necessary to express any opinion on the effect of the judgment of the calcutta high court aforementioned. beg, c.j. observed, in the first instance, that though section 11(2) of the life insurance corporation act empowered the central government to alter the conditions of service of the employees, the central government did not choose .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-08-1996
Reported in : 1996(4)ALD150; 1996(4)ALT535; 1996(2)APLJ66; 1996CriLJ4243
..... distributed by p.p. (shri bhagiratha rao) and shri jayaprakash rao that 'she was arrested because she was involved in immoral traffic act case and that the inspector of police (shri jayaprakash rao) had personally seen her involving in sexual acts with one of his best friends'. the letter addressed to the chief justice of india has posed, if he (the inspector of ..... stated in the remand report dated 7-3-1995, and investigations revealed that the petitioner was running a brothel house and was offering sexual acts. he has asserted 'i obtained a search warrant from the assistant commissioner of police. along with two women constables and other staff members i proceeded to the house no. 2-1-435, nallakunta' and stated - 'there we ..... activities of the accused, no legally admissible evidence to substantiate the charge under sections 3 and 4 of immoral traffic (prevention) act could be collected. when information was received regarding alleged offence on 6-3-1995, the inspector of police, nallakunta police station did not cause discreet enquiry into the matter. not did he deploy any decoy either to verify the information or ..... no. 864 of 1995, to quash the proceedings in crime no. 52 of 1995, dated 6-3-1995, on the file of nallakunta police station, which is allegedly registered under sections 3 and 4 of immoral traffic (prevention) act, 1956, against her. it appears the bar council of the state issued notice to the petitioner alleging professional misconduct as well as to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-19-1996
Reported in : JT1997(1)SC221; 1996(9)SCALE397; (1997)2SCC411; Supp10SCR383
..... government by notification in this behalf in the official gazette).it is obvious from the provisions of the water act reproduced above that in terms of section 26, the calcutta tanneries are under an obligation to obtain consent from the board before they are permitted to discharge the trade ..... problems. also, no wastewater treatment facilities exist in any of the four tannery clusters.2. the observations by the neeri team, regarding the calcutta tanneries in the report are as under:-tannery units are located in highly congested habitations, offering little or no scope for future expansion, modernization ..... with effect from september 30,1997.13. we direct the deputy commissioner/superintendent police of the area concerned to close all the tanneries operating in tangra, tiljola, topsia and pagla danga areas of the city of calcutta by september 30, 1997. no tannery shall function or operate in these areas ..... to deposit 25% of the land-price by february 28, 1997 and send the same to the superintendent of police and deputy commissioner of the areas concerned. the superintendent police/the deputy commissioner concerned shall close all the tanneries who fail/decline to deposit 25% of the land-price. ..... the said tanneries shall be closed on april 15, 1997.6. all the calcutta tanneries who deposit the 25% of the land .....Tag this Judgment!
Court : Patna
Decided on : Mar-11-1996
..... for hearing. the notification reads as follows:government of biharhome appointment departmentnotificationpatna, the february, 1996co. no..../in exercise of the powers conferred by section 6 of the delhi special police establishment act, 1946 (act xxv of 1946), and in suppression of all previous notifications on the subject, the governor of bihar is pleased to accord his consent to all members of the delhi ..... facts of that case were as follows. two young boys were found missing. an information was lodged with the local police. a case also was registered. while the investigation was pending, two letters were sent to the chief justice of the calcutta high court for issuance of direction to the government for investigation of the case by some reputed organisation, like c ..... the effect and import of the order of the learned single judge. it was in this background that the orders passed by the calcutta high court were challenged in the supreme court. while disapproving the action of the calcutta high court, the supreme court observed that appointment of special officer with a direction to enquire into the commission of an offence can ..... only be on the basis that there had not been a proper investigation. their lordships observed that there is a well defined hierarchical administrative set up of the police in the west bengal .....Tag this Judgment!
Court : Patna
Decided on : Mar-29-1996
..... any such notification it is mentioned therein that under clause (c) of section 13 of the original act of 1956, the deputy superintendent of police were vested with the powers to take action in the act in places other than the presidency towns of madras, calcutta and bombay. however, the position had undergone a sea change and under the provisions of section ..... and(c) a deputy superintendent of police elsewhere.the only point for consideration before the ..... apex court was whether a police officer who is neither a special police office under the suppression of immoral traffic in women and girls' act, 1956 nor a police officer subordinate to a special police officer, can ..... government in this behalf, a special police officer appointed by or on behalf of the government for dealing with the offences under this act in that area ;(2) special police officer shall not be below the rank of:(a) an assistant commissioner of police in the presidency town of madras and calcutta ;(b) a superintendent of police in the presidency town of bombay; .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-12-1996
Reported in : 1996VIIAD(SC)80; JT1996(8)SC180; 1996(6)SCALE510; (1996)6SCC72; Supp6SCR135; (1997)1UPLBEC53
..... may be imposed in any municipality in the state wherein such cantonment is situated.9. section 128(l)(ii) of the u.p. municipalities act, 1916 provides:a tax on trades and callings carried on within the municipal limit and deriving special advantages from, or imposing special burdens on, municipal ..... prohibition must be regarded as being in excess of its jurisdiction. here there is a prohibition in section 142-a of the government of india act and now in article 276 of the constitution, which precludes a state legislature from making a law enabling a local authority to impose a tax ..... and belong exclusively to parliament and before that to the central legislature. yet under a large number of laws enacted before the govt. of india act, 1935 came into force, power was conferred on local governments and local authorities to impose taxes on such activities. this was obviously in conflict ..... because of which any local area forming part of cantonment ceases to he under the control of a particular board. section 60 of the cantonments act provides:general power of taxation -(1) the board may, with the previous sanction of the central government, impose in any cantonment any lax which ..... , direct that any place declared a cantonment under sub-section (1) the provisions of any enactment relating to local self-government other than this act shall have effect only to such extent or subject to such modifications, or that any authority constituted under any such enactment shall exercise authority only .....Tag this Judgment!