Court : Kolkata
Decided on : Jun-16-2010
..... therein which are quoted below;it is beyond controversy when in course of investigation of cognizable offences the police found that a case of non-cognizable offence punishable under section 33a of the calcutta suburban police act, 1966 has been made out it was incumbent upon the police to proceed in terms of the provisions of section 155(2) of the code of criminal procedure ..... revealed that installation and further use of the dish antenna and other sophisticated satellite equipment etc. such as satellite modem, mux equipment, channel banks, were not informed to the calcutta telephones authorities by puspen sarkar or ms. shyamalee while obtaining the voltage reversal facility on 4.8.99.investigation revealed that on 25.6.99 shri puspen sarkar of bengal ..... a charge-sheet relating to the offences punishable under sections 418/120b of the indian penal code and under section 20(i) of the indian telegraph act, and although all offences are non-cognizable still the police investigated the case without the prior permission of the court in terms of section 155(2) of the code of criminal procedure.(b) even assuming ..... filed by a police officer.4. the prosecution case against the present petitioner in brief are as follows;on 4.8.89 puspen sarkar, proprietor and ms. shyamalee of the bengal communication system met shri k. ramanujam, the chief general manager, shri n.n. banerjee, general manager/customer care and shri p.s. bhattacharya, director/vigilance, of the calcutta telephones and apprised .....Tag this Judgment!
Court : Kolkata
Decided on : May-18-2010
Reported in : AIR2011SC1254
..... the provision of the cr.p.c. and in complete breach of sections 156 and 157 of the cr.p.c. (xxxi) regulation 4 of chapter iii of police regulation of calcutta provides that deputy commissioner and assistant commissioners shall take keen and active interest in the prosecution of cases of all kinds and shall carefully discuss important cases, particularly, ..... (xxxii) the aforesaid provision makes it very clear that the officers whose names are given hereinabove have also acted beyond the scope of regulation 4 of chapter iii of the police regulation of calcutta. (xxxiii) regulation 2 of chapter viii of the police regulation, calcutta, speaks about set-up of the detective department. regulation 2 and regulation 3 of chapter viii do not authorize ..... rizwanur and whether he was called by issuing notice under the provisions of the code. mr. bandyopadhyay contends that if no criminal case was registered against rizwanur, the police authorities acted arbitrarily and with mala fide intention in repeatedly calling him in lal bazar for the purpose of breaking the matrimonial relationship between the couple at the instance of the ..... him for commission of offences under the indian penal code as also recommendation of departmental action. the findings of cbi were wholly without jurisdiction, ultra vires the delhi special police establishment act, null and void and completely beyond the activities required to be carried out by the cbi in terms of the order dated 16th october, 2007. (iv) inasmuch as .....Tag this Judgment!
Court : Delhi
Decided on : Aug-02-2010
..... of the code when individual disputes are raised and to meet a situation such as here, there are provisions to be found in the police act. if repetitive orders are made it would clearly amount to abuse of the power conferred by section 144 of the code. it is relevant ..... state of maharashtra & ors., air 1961 sc 884 by the constitution bench, but we have come across a decision in acharya jagdishwaranand avadhuta v. commissioner of police, calcutta and another, air 1984 sc51, wherein it has been held as follows: ". .the other aspect, viz., the propriety of repetitive prohibitory orders is, ..... 144) took the view that such an action was beyond the magistrate's powers. making of successive orders was disapproved by the division bench of the calcutta high court in bishessur chuckerbutty v. emperor. similar view was taken in swaminatha mudaliar v. gopalakrishna naidu, taturam sahu v. state of orissa, ram ..... contended that the impugned order does not indicate any criteria for granting or refusing permission. it is completely left to the discretion of delhi police as a consequence of which the permission to hold dharna, public meetings in the entire prohibited area which is the centre of power and best ..... of india has called in question the legal substantiality and tenability of the order dated 6 th july 2010 passed by the deputy commissioner of police whereby he has, in exercise of powers conferred on him under section 144 of the criminal procedure code, 1973 (for short 'the code') read with .....Tag this Judgment!
Court : Chennai
Decided on : Jul-12-2010
..... (e) of sub-section (1) of section 13 shall not be investigated without the order of a police officer not below the rank of a superintendent of police."32. it is true, as per section 17 (b) of the act, in the metropolitan areas of bombay, calcutta, madras and ahmedabad and in any other metropolitan area notified as such under sub-section (1) of ..... assistant commissioner of police shall investigate any offence punishable under the ..... section 8 of the code of criminal procedure,1973 (2 of 1974), no police officer below the rank of an ..... areas of bombay, calcutta, madras and ahmedabad and in any other metropolitan area notified as such under sub-section (1) of section 8 of the code of criminal procedure,1973 (2 of 1974), of an assistant commissioner of police;(c) elsewhere, of a deputy superintendent of police or a police officer of equivalent rank,shall investigate any offence punishable under this act without the order .....Tag this Judgment!
Court : Delhi
Decided on : Apr-26-2010
..... , make necessary representation to the higher authorities and if grievance is not redressed, to the appropriate forum seeking payment. though the said observations were made in relation to police officers and the punjab police rules but they appear to be of general application. a workman by being suspended does not cease to be in the employment of the employer. the relationship of ..... to the employer to collect the wages so has the workman to go to the employer to collect the subsistence allowance, unless there are circumstances to the contrary. the mere act of suspension does not oblige the employer to treat the workman as a creditor for payment of subsistence allowance. in u.p. state textile corporation ltd. v. p.c. chaturvedi .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Aug-11-2010
..... normal value and transaction value. in this connection, the learned consultant has also referred to the definition of transaction value given under section 4(3)(d) of the central excise act. on a perusal of this definition, we find that transaction value includes, in addition to the amount charged as price, any amount that the buyer is liable to pay to ..... . apart from demanding differential duty from the assessee, these show-cause notices also demanded interest on duty under section 11ab of the act and proposed penalties under rule 25 of the central excise rules, 2002. the demand of duty and other proposals were contested by the party. in adjudication of the dispute, the ..... value of the goods for the purpose of payment of duty. other show-cause notices alleged contravention of provisions of section 4(1)(b) of the act read with rule 5 ibid by the appellant inasmuch as they failed to determine the assessable value correctly, which resulted in short-payment of duty. undervaluation was also generally alleged ..... actual cost of transportation incurred by the appellant. some of these show-cause notices alleged that the appellant had contravened the provisions of section 4(1)(a) of central excise act, 1944 read with rule 5 of the central excise valuation (determination of price of excisable goods) rules, 2000 by excluding the excess freight from transaction value while determining the assessable .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-12-2010
..... legitimate expectation or arbitrariness or irrationality. in considering whether there has been a change of circumstances sufficient to justify departure from the previous stance, the division bench of calcutta high court recorded a finding that reasons stated by the state government for departure from the conditions in the first nit did exist and accepted the contention of the ..... in the entire tender process remained in fray. in interregnum, considerable number of indigenous manufacturers obtained the requisite tac from the approved institutions as per the provisions of 1988 act and thereby acquired capacity and ability to manufacture hsrp. in the backdrop of these reasons, the state government seemed to have formed an opinion that by increasing competition, greater ..... competent to determine the terms and conditions for implementation of the scheme for high security registration plates for motor vehicles in conformity with the provisions of the motor vehicles act, 1989 and rules framed thereudner;and whereas the technical bids submitted by those bidders could not yet be processed, evaluated and finalized and whereas due to such non ..... enough and capable enough to carry out such an activity.....................the power therefore is wide enough to include aspects, which may not have been provided specifically elsewhere in the act. the central government is well within its powers to prescribe the fact that the state government has the power to select the manufacturer of hsrps as it is .....Tag this Judgment!
Court : Appellate Tribunal for Electricity APTEL
Decided on : Jan-08-2010
..... ) though the wind mills are generating electricity, it is not possible for a single generator to create, operate and maintain the sub-station as per section 10 of the electricity act, 2003. therefore, the board has created the regulations for evacuation facilities. for having created the evacuation facilities as agreed between the parties, the electricity board has been collecting idc ..... of erecting the separate sub stations and power transformers exclusively for the cluster of wind generators in that region. this was established long prior to the passing of the electricity act, 2003. so the proportionate cost of these sub-stations and associated incoming transmission lines was being collected from the wind energy developers from 1993 onwards in the name of idc ..... no. 2, indian wind energy association would make the following submissions. i) the learned counsel for the appellant, board, has merely stated that under section 10 of the electricity act, the generating company has the duty to establish, operate and maintain the lines, sub-stations etc. and the cost of such lines should be borne by the generating companies only ..... whether the appellant is entitled to collect the idc from the wind developers without getting the approval of the same from the state commission? i) prior to passing of electricity act 2003, tneb was the sole custodian and the authority for all functions with respect to generation and transmission of electricity in the state. the wind mills are developed in small .....Tag this Judgment!
Court : Rajasthan Jaipur
Decided on : Jul-28-2010
..... of the court towards above referred to roznamcha entry. it is surprising that when someone has died unnatural death and that too, apparently by consuming poison, how could the local police act so irresponsibly. fact that it was unnatural death would have been too well known to everyone in the village because from evidence that has been subsequently collected, it has come ..... others and which fact could be easily discernible from their conduct, because they took the deceased to hospital initially at sikrai and thereafter to alwar. obviously, the police became a party to the act of hushing up an otherwise cognizable offence and commission of offence u/s.201 of ipc. what is more surprising is that the investigating officer completely omitted section ..... suicide. learned counsel submitted that signatures of uncle, brother and other close relatives of mst. veero kaur were obtained on the said application by the accused party and the police party under pressure and coercion and therefore such an application could have no value. interestingly in this case, father of the petitioner has also lodged a cross fir against the ..... kehar singh and guru charan singh are recorded, which witnesses would be produced by the prosecution on priority basis. the director general of police is required to take necessary action against those found responsible for collaborating in the act of hushing up a cognizable offence and allowing cremation of deceased mst. veeru kaur, who died due to poisoning and not a natural .....Tag this Judgment!
Court : Madhya Pradesh Jabalpur
Decided on : Oct-04-2010
..... any officer or investigation agency of the state or central government with the concurrence of that government; or (iii) any other person or agency.11. under m.p. special police establishment act, 1947, special police force has been constituted by the state of madhya pradesh for the investigation of certain offences affecting the public administration. by virtue of section 4 of the said ..... is true that if the property was undervalued, it resulted in loss to state exchequer, but the question is whether the act of the petitioners constituted the offences as alleged by the police. section 13(1)(d) of prevention of corruption act,1988 reads as under:-13. criminal misconduct by a public servant.- (1) a public servant is said to commit the ..... act, the superintendence of investigation by m.p. special police establishment vests in the lokayukt appointed under m.p. lokayukt adhiniyam. thus, the special police establishment can be utilised by lokayukt for the purpose of conducting inquiry under the act.12. section 8 of lokayukt adhiniyam puts restriction on the power ..... lokayukt, bhopal, this order shall govern the disposal of both the cases.2. special police establishment, lokayukt, bhopal registered the aforesaid first information report on 6.1.2010 against the petitioners under sections 13(1)(d) read with section 13(2) of the prevention of corruption act, 1988 and sections 420 and 120-b of the indian penal code. according to .....Tag this Judgment!