Court : Punjab and Haryana
Decided on : Sep-26-2011
..... auction platform. the petitioner is entitled to retain the space which he has, till any other alternative policy comes through either an amendment in the act or in the rules, which shall duly take note of the existing rights which are reasonable and just. 14. the writ petitions are disposed ..... indeed a right to issue licence carries with it a right to make modifications or corrections, as provided under section 26 of the general clauses act. the petitioner cannot be denied the right of renewal of licence only because in the form of application, a licensee has changed the place of ..... actions have been taken against officials, who were responsible for entertaining change in place of business in applications for renewal of licences under the act. i would let it rest there and will not cite instances of such changes effected as governing the rights of the parties to entitle ..... vikas bahl points out to certain instances where such changes have been made and produces before me the data collected through applications filed under the rti act. the counsel appearing on behalf of respondents no. 2 and 3 admits to such instances but he would argue that these were clearly irregularities and ..... market 1. the petitioner challenges the rejection of his application for renewal of licence as kacha aartiya under the punjab agricultural produce markets act, 1961 (hereinafter called, the act). the admitted case is that he had been a licensee since the year 1970 and he was running his business from scf 27, .....Tag this Judgment!
Court : Allahabad
Decided on : May-17-2011
..... against the accused. (2) where the allegations in the first information report and other materials, if any, accompanying the fir do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. (3) where the uncontroverted allegations ..... limits to legislation against immorality. in paragraphs 59 to 62, the court has dealt with the circumstances wherein only the provisions of u.p. gangsters and anti-social activities (pre) act, 1986 would apply. for that purpose, the authority should be satisfied that there is a reasonable and proximate connection between the occurrence and the activity of the person sought to ..... and take people for a ransom or other demands, forcible deprivation of freedom often involving torture black-marketing etc. gangsterism could also mean the destruction of buildings, ransacking and similar acts in a cruel manner to terrorise the people. the court can take judicial notice of the situation prevailing in the state, which has made the life of citizens difficult if ..... for afresh consideration which was pending before the consolidation officer at the time of incident. according to the learned counsel, the occurrence in question cannot be said to be an act of disturbing the public order or indulging in anti-social activities. moreover, the land was purchased by maqbool ahmad, brother of petitioner no.2 mehmood and father-in- law .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-31-2011
..... of central/state government/ut administration;(2) institutions financed by central/state government/ut administration;(3) all universities, including institutions deemed to be universities, so recognized under ugc act, 1956. (4) self financed educational institutions established and operated by `not for profit', societies and trusts registered under the appropriate law.5. manner of making application ..... planned and coordinated development of teacher education and for the determination and maintenance of standards for teacher education and for the purposes of performing its functions under this act, the council may-(a) undertake surveys and studies relating to various aspects of teacher education and publish the result thereof;(b) make recommendations to the central ..... , three members of parliament, three members to be appointed from amongst teachers of primary and secondary education and teachers of recognised institutions. section 12 of the act enumerates functions of the council. section 14 provides for recognition of institutions offering course or training in teacher education. section 15 lays down the procedure for obtaining ..... and technical educational institutions and entry 65 deals with the union agencies and institutions for professional, vocational and technical training, including the training of police officers, etc. the state has certainly the legislative competence to pass the legislation in respect of education including technical education and section 20 of the .....Tag this Judgment!
Court : Delhi
Decided on : Jun-22-2011
..... cost of repetition, it must be mentioned that said offences are for unlawful assembly and offence punishable under section 37(1) (3) and section 135 of mumbai police act and the allegations in that matter against both the petitioners are that on 3rd may, 2006 at 11:30 a.m. in front of hanuman temple, malegaon, ..... under section 143, 147, 511 of the code, section 3 of the maharashtra prevention of defacement of property act, 1995 and section 37(1)(3)/135 of mumbai police act and c.r.no.12/10 for offences punishable under section 153(1)(b) of the code. 12. notably, the authority issuing ..... property act, 1995 and section 37(1) (3)/135 of mumbai police act. on the other hand, the two cases pending against petitioner no.2 are arising out of c.r.no.26/2006 punishable ..... concerned, the pending cases against him are arising out of c.r.no. 3004/2005 punishable under section 37(1)(3)/135 of mumbai police act and c.r.no.26/2006 for offences punishable under section 143, 147, 511 of the code, section 3 of the maharashtra prevention of defacement of ..... in acquittal. so far as offence at sr.no.1 is concerned, it is for unlawful assembly, offences under mumbai police act, and offence under section 3 of the maharashtra prevention of defacement of property act, 1995. so far as offence at sr.no.5 is concerned, it mentions the role of the said petitioner no .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-16-2011
..... district judge sent a note to the then chief justice of the calcutta high court who gave direction over phone to the director general of police to take effective steps without any further delay. the director general of police gave assurance that he would take up the matter with the home secretary ..... the division bench ought to have accepted the affidavits tendering apology. in fact, the explanation to sub-section (1) of section 12 of the act enables the court to accept the apology if the same is bona fide and discharge the accused accordingly. unfortunately, even such recourse was not ..... they should not be penalised or otherwise dealt with for committing criminal contempt as defined in section 2(c) of the contempt of courts act, 1971 by creating impediment in functioning the judiciary in the district of jalpaiguri for the last one month by restraining the judicial officers from entering ..... publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which- (i) scandalizes or tends to scandalize, or lowers or tends to lower the authority of, any court; or (ii) prejudices, or ..... further undergo imprisonment for one month. aggrieved by the order of the high court, the appellants/contemnors have filed these appeals under section 19 of the act. 3) heard m/s mukul rohtagi, kalyan bandopadhyay, r. venkataramani, learned senior counsel, p.c. sen, tara chandra sharma, learned counsel for the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-13-2011
..... for such refund. on the other hand, the decision of mafatlal (supra) was rendered in the context of section 11b of the central excise and salt act, 1944 where the expression is "any person". therefore, ratio of the decision of mafatlal (supra) would not be applicable to the facts in hand. ..... sale indicating that the purchase is made in relation to export.13. in support of the aforesaid contentions, he referred to provision of section 5(3) of the cst act which is extracted hereinbefore:- section 5 - when is a sale or purchase of goods said to take place in the course of import or export ; (1) ***** ..... the appellant for all the four years and therefore in those circumstances, there could be no question of refund under section 44 of the kgst act to the appellant.9. in the light of the aforesaid findings, the appellate tribunal dismissed the appeal as against which a revision petition was filed ..... bill of lading, export invoices etc. the appellate authority also recorded the finding that the claim of exemption under section 5(3) of the cst act is envisaged for the penultimate sales or purchase preceding the sale or purchase occasioning the export. however with regard to the refund it was noted ..... the appellant being the exporter of the aforesaid consignment claimed for exemption on the ground that purchase was exempted under section 5(3) of the cst act. the said claim for exemption was found to be genuine by the assessing authority, and was allowed in full. the appellant also made a claim .....Tag this Judgment!
Court : Delhi
Decided on : Jun-03-2011
..... or other sum by attachment and sale of the movable or immovable property of such dealer or person and all the provisions of the rajasthan land revenue act, 1956 (rajasthan act no. 15 of 1956) read with the rajasthan land revenue (payments, credits, refunds and recovery) rules, 1958 shall mutatis mutandis apply." 10. ..... raise a question of law as to whether by virtue of the deeming provisions contained in section 9(2) of the central sales tax act, 1956 (the cst act for short), there is any first charge on the property of the dealer. the petitioner being a financial institution holding a decree against the ..... 26. if the aforesaid scheme is appreciated in its true spirit and with the legislative enactment in mind (preamble to the cst act itself stating that the act was to formulate principles determining inter state trade or commerce and for levy and collection of taxes on sale of goods in the ..... the parliament is presumed to be aware of the statutory provisions creating first charge for the state debts and there is nothing contrary contained in the drt act. the observations made in state bank of bikaner & jaipur v. national iron steel rolling corporation and ors; (1995) 2 scc 19 were cited ..... would not apply. 11. learned counsel for the respondent on the other hand sought to emphasize the constitutional scheme and the subsequent enactment of cst act in pursuance thereto. 12. in order to appreciate this plea, it would be appropriate to reproduce some of the provisions, articles 269 and 286, .....Tag this Judgment!
Court : Delhi
Decided on : Jul-07-2011
..... was not inconsistent with the constitutional guarantee against search and seizure. it was held in that case that the search of the appellant by a police officer was not justified by the warrant nor was it open to the officer to search the person of the appellant without taking him before ..... were clearly of opinion that the common law did not reject relevant evidence on that ground." in kuruma's case, kuruma was searched by two police officers who were not authorised under the law to carry out a search and, in the search, some ammunition was found in the unlawful possession ..... legislature lends support to the argument that the alleged discovery should be carefully scrutinized." in emperor v. allahdad khan 35 allahabad, 358 the superintendent of police and a sub-inspector searched the house of a person suspected of being in illicit possession of excisable articles and such articles were found in the ..... identification or any other proof that they were the authorized officers. it is contended that earlier under the indian electricity act, 1910 on the theft being detected a complaint was lodged to the police under section 39 as the same was a cognizable offence and the case proceeded as a state case. however, ..... now as per section 135(2) of the act, powers have been given to the authorized officer to conduct search and seizure .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-14-2011
Reported in : 2012(1)SCC476; 2012(1)KLJ284; 2012(1)KLT47SN; 2012(1)SCC(Cri)467; 2012(1)MLJ(Crl)664; 2012(2)SCJ963
..... where, the allegations in the f.i.r. do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a magistrate as contemplated under section 155(2) of the code. 5. where the allegations made in the fir or complaint ..... the allegations in the first information report and other materials, if any, accompanying the f.i.r. do not disclose a cognizable offence, justifying an investigation by police officers under section 156(1) of the code except under an order of a magistrate within the purview of section 155(2) of the code. 3. ..... through source offence : u/s. 120b r/w 420 ipc and sec. 13(2) r/w 13(1)(d) of pc act, 1988. name and address of the accused : (1) shri p.n. tiwary, the then coal controller, calcutta (retd.) (2) shri r.p. srivastava, the then g.m. sales, ccl, ranchi (retd.) (3) shri s.k ..... being passed both by this court as well as by the high court favourable to the private company. 5. fir reads as follows: delhi special police establishment, ranchi branch first information report crime no.rc 13(a)/2000(r), date and time of report : 15.11.2000 at 1700 hrs. place of ..... is therefore registered and investigation is taken up. sd/- 15.11.2000 [a. prasad] dy. supt. of police, cbi/spe/ranchi, investigating officer dated 15.11.2000 6. according to the fir, the various acts and omissions narrated therein of the accused caused a huge wrongful loss of approximately rupees ninety lakhs to the ccl .....Tag this Judgment!
Court : Kolkata Appellate
Decided on : Mar-23-2011
..... was made on 27.7.2009 at 13.45 hours. on the same date, the officials of kalighat police station had been to 49, gurupada haldar road, calcutta 26, and examined megha who disclosed everything to the officers of kalighat police station. deepak was arrested and these petitioners were reported to have been left for rajasthan. megha was medically examined at sambhu nath ..... , the de facto complainant, with oblique motive dragged these two petitioners in another case simply in order to harass them. megha acted peculiarly because she, after lodging the fir in tollygunge police station, filed a suit under section 9 of hindu marriage act praying for restoration of her conjugal rights which, however, was withdrawn subsequently. mr. bagchi has drawn attention of this court ..... case no. 140 of 2009 dated 26.7.2009 under sections 498 a/406/34 of the indian penal code and under section 3/ 4 dowry prohibition act is filed at the instance of durshi chand agarwal and raj kumari agarwal, the accused no. 2 and 3. 2) megha agarwal wife of deepak agarwal (accused no.1 in ..... as accused together with others and the fact that the de facto complainant filed a suit under section 9 of hindu marriage act and also filed a case under section 12 of the protection of women from domestic violation act, 2005. 9) mr. maitra, learned counsel appearing for the opposite party no. 2 contended that while considering the prayer for quashing of .....Tag this Judgment!