Court : Kolkata
Decided on : Apr-29-2008
Reported in : AIR2008Cal139
..... 12 continue with their illegality and hooliganism, for the reasons best known to him.17. the primary function of the police is maintenance of law and order and prevention of crime, under the calcutta police act, 1866 and in particular section 10-a thereof, every police officer is required to discharge inter alia the following duties:i) prompt service of summons, and execution of warrant ..... or other orders, lawfully issued to the police officer by a competent authority.ii) obtaining of intelligence relating to commission of cognizable ..... and obligations referred to above. there is only a vague allegation of an offence under the indian penal code and an equally vague allegation of contravention by the police authorities of the bengal police act, wholly devoid of any particulars. in the writ petition too, no case has been made out of any threat to life, liberty, personal safety or safety of ..... arrogantly and making threats to my men and tenants on the 1st floor of the said building.i filed a complaint on 29-1-2006 with your police station regarding their illegal acts when they forcefully locked the eastern main gate of the building stopping my tenants from ingress and egress to their first floor tenancy.today after coming to .....Tag this Judgment!
Court : Delhi
Decided on : Nov-21-2008
Reported in : 155(2008)DLT588
..... repeated the direction to the respondent no. 1 to discontinue the objectionable words within 21 days of receipt thereof, followed by similar letters dated 07.10.2005 issued by the calcutta, lucknow, mumbai and ahmadabad branches of the bureau to respondent no. 1n) the appellant in view of the respondent no. 1 having not complied with the direction contained ..... the pictorial device or artwork on the label showing snow clad mountains mislead the consumer is stretching the argument beyond reasonable limits.17. even section 2(s) of the act which defines specification demonstrates that the description of an article as far as practicable by reference to its nature, quality, strength, purity, composition, origin and other characteristics that ..... the bureau, in relation to any article or process indicative of the quality and specification of such article or process. specification has been defined under section 2(s) of the act to mean a description of an article or process as far as practicable by reference to its nature, quality, strength, purity, composition, quantity, dimensions, weight, grade, durability, origin ..... recognized, by the indian standards institution and which is in force immediately before the date of establishment of the bureau. mark has been defined under section 2(l) of the act which include a device, brand, heading, label, ticket, pictorial representation, name, signature, word, letter or numeral or any combination thereof. specification has been defined under section 2( .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-23-2008
Reported in : 2008(4)BomCR868; 2008(3)MhLj860
..... goregaon (west), mumbai-400 062. the case of the petitioner is that he commenced this business in 1993-1994 after obtaining requisite licenses under the bombay police act, bombay prohibition act, so also, other applicable acts. insofar as, police licence is concerned, the same was issued on 30-3-1994 permitting the petitioner to serve food and liquor in the restaurant. it is his case ..... impugned orders.12. the license issued to the petitioner is under the rules for keeping place for public entertainment, 1953 which are framed under section 33(1)(wy) of bombay police act, 1951. the license clearly stipulated certain terms and conditions. the petitioner during the course of the business and operation of the license had been subjected to several actions. the ..... the order dated 10-9-2007 under which his licence was cancelled. the petitioner being aggrieved and dissatisfied with this order filed an appeal under section 33 of the bombay police act, before the state government.7. initially, neither the said application nor the appeal was being heard and therefore the petitioner moved this court and sought a direction to the ..... , government of maharashtra. by the order delivered on 18-12-2007, the appellate authority has dismissed the petitioners' appeal and confirmed the order passed by the deputy commissioner of police, greater bombay dated 10-9-2007.3. the petitioner contends that he is running a restaurant as a proprietor. the proprietary business is conducted in the name and style of .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-12-2008
..... unfounded. according to the board, the petitioner's business particulars as discernible from the writ petition establish that the goods involved are delivered at guwahati from hyderabad and calcutta in terms of some agreement in existence between the consignor and the consignee and that therefore, its (petitioner) representation that such transactions are in the nature of stock ..... challenge to a levy thereunder, otherwise available to him in law.36. we propose hereafter to deal with the various contentions bearing on the amendments of the act. the act as its preamble discloses is a legislation to provide for better regulation of buying and selling of agricultural produce and the establishment of market for agricultural produce ..... system all over the country through coordinated implementation of the relevant legislations. inconformity with the said guide-lines, the government of assam occasioned amendments to the principal act for which act 2000 was enacted. in the meantime, the board being aggrieved by the judgment and order dated 04.04.2001 of the full bench of this court, ..... agricultural markets in private and corporate sectors, creation of an environment conducive to emphasise investments in marketing related infrastructural facilities, modernization and strengthening of existing markets etc. act 2006, according to the answering respondent, has been enacted to promote the development of agricultural markets under the relevant schemes of the government of india and to streamline .....Tag this Judgment!
Court : Guwahati
Decided on : Jul-02-2008
..... , which resulted in the death of prakash deka, enquired by the commission. we are informed that a commission contemplated under section 70 of the assam police act is already constituted headed by mr. justice dn chowdhury, a retired judge of this court.45. in the circumstances, we direct the state to cause ..... , the commission may review its findings upon receipt of additional information from the director general of police of the state that may have a material bearing on the case 44. notwithstanding the mandate contained in the assam police act, 2007, it appears that no steps have been taken by the respondents to have the incident ..... the said entry is subject to entry 2a of list i of the same schedule.the state of assam made the assam police act, 2007 which was published in the assam gazette extraordinary on 6th august, 2007 and by virtue of section 1(2) of the ..... titled kelly and ors. v. united kindgom.43. the assam police act, 2007 to some extent deals with the situation. section 70 of the act contemplates the establishment of a state level police accountability commission, the composition of which is described under section 71 of the act as follows:71. composition of the commission - the commission ..... prevention of crime or in effecting or assisting in the lawful arrest of offenders? (3) is there any difference between the position of a soldier or police officer acting in the course of his duty, on the one hand, and an ordinary member of the public on the other? (4) if a verdict .....Tag this Judgment!
Court : Kerala
Decided on : Oct-21-2008
Reported in : 2008(3)KLJ672
..... providing mobile phone service will undertake to abide by the aforementioned guidelines. the learned counsel relief on sub-sections (b) and(c) of section 29 of the kerala police act and submitted that the police have a duty to prevent commission of cognizable offences and also to preserve peace. he referred to rule 158 of the kerala municipality building rules and submitted that ..... sustained which is set aside accordingly.thus, the hon'ble supreme court has condemned the entertaining of 'police protection original suits'.9. as pointed but by the learned counsel for the petitioner, the police have a duty under section 29(b) of the kerala police act to prevent commission of cognizable offences. they are to collect and communicate to the best of their ability ..... p2 petition. it is true that under chapter v, section 29(b) and (g) of the police act, a statutory duty is imposed on respondents 1 and 2 to keep law and order and to afford sufficient police protection. the statutory duty so cast on the police authorities can be enforced by civil action in ordinary courts also. ordinarily, the persons aggrieved should resort ..... to the construction of the tower. the same cannot be described as commission of a cognizable offence, warranting interference from the part of the police. but, the objection may turn into situations, which may cause commission of acts amounting to cognizable offences like wrongful restraint (section 341 i.p.c.), criminal trespass (section 447 i.p.c.), etc. in that event, .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-28-2008
Reported in : ILR2008KAR904; 2008(4)KarLJ145
..... c. no. 75/1989 for the offence punishable under section 7(i) r/w 2(ia)(a) and (m) the prevention of food adulteration act, 1954 ('the act' for short).2. the facts in brief are to the effect that the food inspector of primary health centre, ajekar in karkala taluk, had visited ..... in this behalf, by general or special order, by the central government or the state government:provided that a prosecution for an offence under this act may be instituted by a purchaser or recognised consumer association referred to in section 12, if he or it produces in court a copy of ..... is just and proper. as far as the defect in sanction is concerned, the learned counsel for the respondent, by referring to section 20 of the act, submitted that the prosecution had failed to place on record the written consent given by the central government or state government and, therefore, the sanction accorded ..... and the second reason is that the lower appellate court found that the prosecution had failed to comply with the requirement of section 20 of the act insofar as sanction to prosecute the respondent is concerned. the court found that the district health officer was not competent to accord sanction to launch ..... the contentions urged before it, allowed the appeal filed by the respondent on two grounds viz., that the prosecution did not follow the provisions of the act and the prevention of food adulteration rules, 1955 ('the rules' for short) in regard to collection of samples and it was collected not in bottle .....Tag this Judgment!
Court : Rajasthan
Decided on : May-13-2008
Reported in : (2008)90CTR(Raj)220; 302ITR229(Raj)
..... shows that this circular was necessitated because it was brought to the notice of the board, that some state governments, instead of amending the sales tax act, have issued government orders, notifying schemes, under which sales tax is deemed to have been actually collected, and disbursed as loans. in our view ..... that, as such conversion of the sales tax liability into loans have similar statutory effect as can be achieved through amendments of the sales tax act, the amounts covered under the scheme should be allowed as deduction for the previous year in which the conversion has been permitted by the state ..... section 43b.2. it has since been brought to the notice of the board that some state governments, instead of amending the sales tax act, have issued government orders notifying schemes under which sales tax is deemed to have been actually collected and disbursed as loans. such government orders ..... scheme, 1987, has been issued in exercise of the powers conferred by this provision, it clearly amounts to effecting amendment in the state sales tax act, as contemplated in the judgment of the hon'ble supreme court in gujarat polycrete's case : 246itr463(sc) . it was also submitted ..... udhyog reported in .12. to distinguish these cases, learned counsel for the assessee invited our attention to the provisions of section 7(2b) of the act of 1954, which was inserted by an amendment with effect from september 10, 1987, and provides that notwithstanding anything contained in sub-section (2) .....Tag this Judgment!
Court : Uttaranchal
Decided on : Nov-26-2008
Reported in : AIR2009Utr31; (2009)26VST649(NULL)
..... and associated signal generation, control and distribution equipment, designed to provide cable service for reception by multiple subscribers.section 2(c) of the prasar bharati (broadcasting corporation of india) act, 1990 (central act no. 25 of 1990), defines word 'broadcasting', as under:2....(c) 'broadcasting' means the dissemination of any form of communication like signs, signals, writing, pictures, ..... on behalf of the said agency or organisation, by its branch office or subsidiary or representative in india or any agent appointed in india or by any person who acts on its behalf in any matter;the telecommunication (broadcasting and cable services) interconnection regulations 2004, provides definition of expression 'directed to home operator' in regulation 2 (k ..... the writ petitions. expression 'cable service' and 'cable television network' are defined in section 2(ee) and section 2(eee) of the u.p. entertainments and betting tax act, 1979, which reads as under:2....(ee) 'cable service' means the transmission by cables or programmes including retransmission by cables of any broadcast television signals;(eee) 'cables television ..... are also showing channels of entertainment, like the cable operators.5. before further discussion, it is pertinent to mention here that the u.p. entertainments and betting tax act, 1979, was enacted by the legislature of state of uttar pradesh (applicable to the state of uttarakhand) as the subject matter relating to entertainment tax was covered under .....Tag this Judgment!
Court : Orissa
Decided on : Mar-18-2008
Reported in : (2008)106CALLT192(NULL)
..... that after installation, erection and commission of the boiler, the goods in question cease to be the same goods for which agreement was executed at calcutta on 31.7.1995 is equally misconceived. as a matter of fact, the boiler which was transported from haryana to orissa pursuant to the lease ..... lease rent was agreed at rs. 23 lakhs per year.5. both the agreements, namely, the tripartite agreement and the lease agreement were executed in calcutta on 31st july, 1995. pursuant to those two agreements dated 31st july, 1995, ijt fabricated and supplied the said boiler and delivered it to the ..... which was transported from haryana to orissa pursuant to the lease agreement executed in calcutta. but then if the said erected, commissioned boiler is regarded as immovable property, no tax under section 2(g) of the ost act can be charged on the lease rental, as tax can only be charged on ..... tax under the provisions of the ost act?19. the preliminary objection raised by the revenue with regard to the maintainability of the writ petition may be taken up first. in this connection, reference may be made to the decision of the hon'ble supreme court in calcutta discpunt co. ltd. v. income ..... i, calcutta, reported in : 41itr191(sc) , wherein it was held as under:it is well-settled however that though the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting-without .....Tag this Judgment!