Court : Kolkata
Decided on : Sep-27-2006
Reported in : AIR2007Cal44,2006(4)CHN694,1(2007)CLT682
..... place of worship was the reason for passing the order of rejection.6. the issue, required to be decided, is whether the police authorities, having the power and jurisdiction under the provisions of the calcutta police act, 1866 (for short 'police act') can interfere with or usurp the power of the excise authorities to grant temporary bar licence conferred by the provisions of the bengal ..... excise act, 1909 (for short 'excise act') and rules framed thereunder.7. before dealing with the provisions under the excise act and the police act, it is necessary to set out ..... to licenses for the sale of liquor, excise opium or hemp drugs in calcutta, within the jurisdiction of the commissioner of police-(1) a certificate from the commissioner of police as prescribed by section 36 act iv (b.c.) of 1866 and section 19 act ii(b.c.) of 1866 is required before a license can be finally granted and issued bv the collector ..... of excise. calcutta.(2) if the license is settled by auction, the auction purchaser should .....Tag this Judgment!
Court : Mumbai
Decided on : May-02-2006
Reported in : 2006(4)ALLMR37; 2006(4)BomCR607; 2006(4)MhLj611
..... ors. reported in : 3scr1040 , while dealing with the question as to whether the election commission, in exercise of powers under section 29-a of the representation of the people act, 1951, acts administratively or quasi-judicially, after taking stock of the decisions in r. v. dublin corporation (1878) 2 ir r 371, r. v. electricity commrs. (1924) 1 kb 171 : 1923 ..... things enlisted thereunder including a certificate from the bank or banks stating the credit balance therein in favour of the proposed society.19. clearly therefore, section 4 of the said act enjoins the government to formulate and issue policy directives, bearing in mind the need for a healthy and economically sound development of co-operative movement in the state. in fact ..... considering the serious effects of the decision of the examination committee on the examinee concerned, it leads to the conclusion that a duty is cast on the examination committee to act judicially, particularly as it has to decide objectively certain facts which may seriously affect the rights and careers of examinees, and therefore, though there are no two parties, apart ..... in the specified areas are in terms of the government policy comprised under the said government resolution and have nothing to do with the statutory provisions comprised under the said act. the provisions of the above referred clauses apparently disclose the policy of the government in relation to registration of the milk producers' society. besides the clause 10 of the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-27-2006
Reported in : 2006(12)SCALE391; (2007)1SCC110
..... cbi to curtail or inhibit its jurisdiction to investigate an offence specified in the notification issued under section 3 by a directive under section 4(1) of the delhi special police establishment act, 1946. the constitution of the cvc flowed from the judgment of this court in vineet narain : 1998crilj1208 (supra). it is in this judgment that a direction was given ..... powers of investigation are governed by the statutory provisions and they cannot be curtained by any executive instruction issued under section 4(1) of the delhi special police establishment act, 1946.23. analyses of the above judgments show that there is a clear-cut and well-demarcated sphere of activities in the field of crime detection and crime punishment. ..... sinha, j.33. this court entrusted investigation to the central bureau of investigation (cbi) which was constituted under the delhi special police establishment act, 1946 (for short 'the act'). it was enacted to make provision for the constitution of a special police force in delhi for investigation of certain offences in the union territories for the superintendence and administration of the said force and ..... other of the powers and jurisdiction of members of the said force in regard to the investigation of the said offences.34. the said act was enacted to make provision for the constitution of a special police force in delhi for the investigation of certain offences in the union territories for the superintendence and administration of the said force and for .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-12-2006
Reported in : 2006(3)BomCR705
..... indecent behaviour and/or violation of licensing conditions, are as under:-----------------------------------------------------sections year year year year year year total of 2000 2001 2002 2003 2004 2005 bombay police act, 1951-----------------------------------------------------33(w) 767 559 460 374 410 223 2793110 4427 2998 2971 2810 2051 2146 17403 -----------------------------------------------------total 5194 3557 3431 3184 2461 2369 20196 ..... -----------------------------------------------------for offences under section 110 of the bombay police act, the maximum punishment is a fine of rs.1,200/-. the record shows that there were about 5208 convictions. offences registered under section 294 i.p ..... petitioners have relied on several other judgments. we may advert to some of them. reference may now be made to judgment of the single judge of the calcutta high court in mrs. usha uthup v. state of west bengal and ors. : air1984cal268 . in that case the petitioner an artist was refused permission to ..... an integral part of a named fundamental right or partakes of the same basic nature and character as that fundamental right. a learned single judge of the calcutta high court applied that principle in mrs. usha uthup v. state of west bengal : air1984cal268 . 26. it is then sought to be pointed out that .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-18-2006
Reported in : (2007)1CALLT227(HC)
..... to the city civil court to the exclusion of the high court. by that amendment the provisions of section 300(1) of the succession act was made inapplicable within the city of calcutta. in the instant case testator was having his permanent place of abode within the jurisdiction of the district judge. 24 parganas (north). hence, ..... by section 300(1) and could not have been taken away by the amendment of section 5(3) of the city civil court act which had its enforcement within the city of calcutta and not beyond that.12. in the case of tarak bala dasi (supra) the deceased was having place of abode within the ..... in cases where exclusive jurisdiction has been conferred upon city civil court, i.e. cases arising exclusively in the city of calcutta as defined under section 2(3) of the city civil court act, 1953. that being the position power to take proceeding by virtue of clause 34 of the letters patent in cases coming ..... by the district courts. this became necessary because under the proviso added to section 2(bb) of the indian succession act in respect of the city of calcutta a reference to district judge would mean city civil court. high court having been robbed of its jurisdiction in respect of the proceeding ..... court, i.e. where the deceased has died having a fixed place of abode and leaving all the assets within the city of calcutta as defined by section 2(3) of the city civil court act. if either deceased has died having a fixed place of abode or leaving any asset outside the city of .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : May-11-2006
Reported in : (2006)143PLR799
..... this is supported by the fact that in place of the three original trustees who are dead an application was made under section 74, trusts act for appointment of new trustees in their place.so the present parties are trustees and cannot be properly designated as executors although they have been ..... ceased to be executor and had become mere trustee, therefore, the suit for removal of the trustee was maintainable under section 71 of the trusts act. in this reported case, not only the function of the executor was over, but also the beneficiary was person specific. on that principle of ..... the hon'ble lahore high court was pleased to further observe as under:on the other hand, the proposition is well established that where an act creates a special jurisdiction, and provides a special remedy such jurisdiction is exclusively conferred upon the court expressly empowered to deal with the matter. my ..... executor has been stayed. hence, its dismissal was prayed.cm. no. 2565-cii of 199315. before proceeding further the provisions of section 301 of the act, 1925 may be noticed, under which the present application has been filed. this section reads as under:301. removal of executor or administrator and provision ..... smt. soni bai widow of seth bhagirath das, were also impleaded as respondents. in this petition filed under section 278 of indian succession act, 1925 (in short, 'the act, 1925'), for the grant of letters of administration of the will dated 21.1.1985, read with codicil dated 28.12.1988, the .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-07-2006
Reported in : 2007(2)ALD478; 2007(3)ALT124
..... entered by the writ petitioner in between him and the 3rd respondent-gram panchayat only in accordance with the provisions of section 104 of the act referred to supra and not beyond thereto. no doubt certain submissions were made that the writ petitioner was not put on notice before making the ..... violated the terms and conditions as per the agreement dated 31-3-2006. further specific stand is taken that as per section 104 of the act, the petitioner is entitled to collect fee from the goods vehicles and other vehicles within the area of hiramandalam gram panchayat. it is also further ..... respondent gram panchayat had published a notification dated 1-4-2002 regarding the daily collection or asseelu from market yard under section 104 of the act and as per the rates fixed in the notification. it is also further stated that the petitioner is entitled to collect the same and accordingly ..... petitioner is not entitled to collect aaseelu from the vehicles passing through the gram panchayat unless and until the conditions specified in section 104 of the act are satisfied.7. heard the counsel.8. the writ petition is filed for a writ of mandamus declaring the action of the 2nd respondent in ..... jurisdiction. the earned counsel also would submit that the petitioner is not entitled to collect aaseelu beyond what had been specified in section 104 of the act referred to supra and also the memo which had been specified in the counter-affidavit.5. sri m. prabhakar rao, the earned counsel representing the .....Tag this Judgment!
Court : Kerala
Decided on : Sep-19-2006
Reported in : AIR2007Ker52; 2006(4)KLT531
..... right to collect the fees from the vehicles to contractors and one such contractor filed w.p.(c) no. 31156 of 2005 for getting assistance of police for collecting the fees. three categories are involved in these cases. (1) private buses starting or ending their services within kochi corporation limits (2 ..... fees imposed by the corporation. before going to the other matters, we will consider the relevant statutory provisions.3. section 472 of the kerala municipality act reads as follows:472. provision of public cart stands etc.-(1) a municipality may, subject to such (guidelines) as the government may issue in ..... for the taking up and setting down of passengers.it is the contention of the corporation as well as contractors that authorization under the municipality act to collect fees by the corporation is not only from the bus stands but also from the halting places.'vandi pettas' mentioned in the ..... to collect fees from buses passing through it. various services rendered by the corporation justify collection of fees.4. under section 472 of the municipality act, the municipality is entitled to construct or provide cart stands, halting places and public landing places and may levy fees for the use of the ..... fees if the buses are not bound to touch those bus stands (cart stands) or declared halting places under section 117 of the motor vehicles act. corporation cannot collect fees if buses are not allowed to halt but only to stop for picking up or getting down of passengers like kacheripadi .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : AIR2007SC471; 2007(2)ALD1(SC); 2007(1)AWC524(SC); [2008(2)JCR55(SC)]; JT2007(1)SC24; 2006(11)SCALE482; 2006AIRSCW5879; 2007(1)SCC641
..... a public purpose not being a purpose of union namely for permanent accommodation of office-cum-residence of dy. commissioner of police security control under commissioner of police, calcutta, home (police) deptt. government of west bengal in police station district calcutta ward no. 63 of calcutta municipal corporation, it is hereby notified that a piece of land comprising western portion of premises no. 4, pretoria ..... delivered back by the respondent- state to the appellant. a notice dated 14th september, 1992 under section 5(3) of the west bengal act 2 of 1948 was issued by the first land acquisition collector, calcutta inviting the respondents to make their respective claims to compensation for the said land already acquired by the government by publishing the said notice ..... roadis likely to be needed for the aforesaid public purpose at the public expense within the aforesaid ward of the calcutta municipal corporation in the city of calcutta.this notification is made, under the provisions of section 4 of act i of 1894 to all whom it may concern.a plan of the land may be inspected in the office of ..... the concept of public purpose and deal with the decided cases interpreting the scope and ambit of public purpose.public purpose23. public purpose has been defined in the land acquisition act as under:-(f) the expression 'public purpose' includes -(i). the provision of village-sites, or the extension, planned development or improvement of existing village sites;(ii). the provision .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-27-2006
Reported in : 2007ACJ2058,(2007)2CALLT398(HC)
..... admitted position that the claimant before the accident and after the accident remained in the employment and is drawing salary of rs. 9,000/- per month working as sergeant of calcutta police under the traffic department which reaches to the figure of rs. 1,08,000/- per year which is much higher to figure rs. 40,000/-. having regard to the statutory ..... etc. in the deposition the claimant deposed that at the time of accident his monthly income was rs. 9,000/- due to his service in the rank of inspector in calcutta police and that due to the injury of left leg he had suffered permanent partial disability which practically had debarred him to lead a normal life. however, in the cross-examination ..... s.s.k.m. hospital, calcutta wherein the expert doctors opined that he would be able to resume normal work after one week as it appears from the endorsement ..... application of multiplier under section 163a of the motor vehicles act.3. the factual scenario of the matter in short is to this effect.4. the claimant suffered injury due to the motor accident. before accident the claimant was working in the post of sergeant of the traffic department in the calcutta police. the claimant immediately got treatment in the outdoor department of .....Tag this Judgment!