Court : Kolkata
Decided on : Mar-09-2015
..... members.a private members club could not be held to be a place of public entertainment. in bengal club ltd.(supra).the deputy commissioner of police had invoked the provisions of the calcutta police act, 1866 and the calcutta suburban police act, 1866 and requested the club to obtain a licence. the club was warned that in the event of failure to obtain such licence, the establishment ..... of the club could be considered as a place of public entertainment running without any valid police licence and would therefore be liable to consequences. these ..... performance in any place. could a premises belonging to a private members club be considered to be a public place within the meaning of section 422 of the calcutta municipal corporation act, 1980 ?. the facts establish that the firs.writ petitioner is not using or permitting it to be used or is extending the use of its premises for ..... times page 575 (the saturday club limited v. assistant commissioner, service tax cell, calcutta & ors.) and 1989 criminal law journal page 535 (bengal club ltd.v.deputy commissioner of police & ors.).mr.mitra contends that, section 422 of the kolkata municipal corporation act, 1980 contemplates a situation where a premises is open to the public and is used for recreation, .....Tag this Judgment!
Court : Delhi
Decided on : Jan-22-2015
..... her vagina. the accused was arrested on the day of incident itself i.e.26.01.2005. it appears that before reporting the matter to the police, kamlesh had confrontation with him when she inquired as to how the blood had appeared on his pants. despite that, the appellant was not taken for ..... pressed her vagina with his hand. she was not aware how the blood came. the prosecution has failed to reconcile the initial version given to the police and one deposed before the court. the improvements and contradictions have remained unexplained. pw-1 (kamlesh) in her statement before the court deposed that when x ..... dated 20.09.2006 of learned additional sessions judge in sessions case no.104/05 arising out of fir3505 under section 354/376/511 ipc registered at police station hauz qazi whereby the appellant bunty @ bharat was held guilty for committing offences under section 354 and 376 read with section 511 ipc. by ..... weeping, on inquiry for the cause of her weeping, she told that banti chacha had done wrong act with her. she had noticed blood on the pants which x was wearing. thereafter, she was taken to police station hauz qazi and her statement (ex.pw-1/a) was recorded. admittedly, when x was ..... police machinery swung into action when statement of prosecutrix s mother kamlesh was recorded after a considerable delay of four hours at 07:00 p.m. in her statement (ex.pw-1/a), kamlesh disclosed that when x returned at around 03:00 p.m., she apprised her that bunty (the appellant) had done a wrong act .....Tag this Judgment!
Court : Chennai
Decided on : Nov-24-2015
..... under these circumstances, the contention of the learned counsel for the petitioner that as per the provisions of sections 150 and 153 of the customs act, the goods can be sold by public auction only after notice to the owner thereof cannot be countenanced for the aforesaid reasons and the decision ..... and no claim whatsoever in this regard will be entertained thereafter. this may be deemed as a notice in terms of section 48 of customs act, 1962. kindly note that not acknowledging/replying to the consignee's communication (addressed before or after this notice) by the aai does not confer ..... respondents auctioned the goods, for which the petitioner has paid necessary charges and that the respondents, without proper notice under section 48 of the customs act, auctioned the goods and sold the same, which is illegal and that the investigation department had wantonly delayed the matter under the guise of enquiry ..... goods would be auctioned without further notice and this public notice is sufficient notice deemed as the final notice under section 48 of the customs act. therefore, the petitioner cannot contend that he has no knowledge and that there was no notice served upon him before auctioning of the goods ..... on or before 31.3.2002, failing which goods would be auctioned. the petitioner was not given such a notice under the provisions of the customs act. hence, this writ petition has been filed for the reliefs as stated above. 3. the respondents filed a counter affidavit, wherein it is averred .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-20-2015
..... customers. there was of course weighment and repacking of palmolein oil, before it was distributed to the weaker sections of the society. but, these acts were not done for any display and offer for sale of the palmolein oil to prospective buyers. they were done for the convenience of respondent ..... , the commodity must be displayed for sale. relevant observations appearing in paragraph 11 are reproduced thus: the term 'marketed' is not defined in the act, but word marketing ? connotes the buying and selling of an article. the commodity must be displayed for sale and by a seller and that commodity ..... that palmolein oil was weighed and repacked by the maharashtra industrial co-operative society ltd., mumbai, within the market area of the petitioner and this act would reinforce the claim of the petitioner that there was marketing of edible oil within its area. 19. learned counsel for respondents 2 and 3, ..... agency are absent in the said agreements which rather fulfill the characteristics of contract of sale and, therefore, the argument that respondent no. 2 acted only as an agent for importing edible oil on behalf of government and that there was no sale effected between respondents 2 and 3, cannot ..... the purchase and sale of grain and cotton seed, had engaged the defendants, also merchants carrying on their business at sonpat in punjab to act as commission agents for selling of goods on plaintiff's instructions being received by them at sonpat. the arrangement was this; plaintiff was to send .....Tag this Judgment!
Court : Kerala
Decided on : Sep-25-2015
..... it is admitted case of the respondents that m/s. popular finance has secured valid licence under the kerala money lenders act and further that the only allegation raised by the police against m/s.popular traders is that they are collecting deposits from the public and that there are no allegations that m ..... for granting gold loans to the public and it is in violation of section 45s of the reserve bank of india act, 1934. an enquiry was duly conducted through a deputy superintendent of police, economic offences wing-i of the state crime branch cid, which reveals that even though popular finance and popular traders ..... longer legally tenable or sustainable. on that limited ground alone, the offence of section 45 s of the rbi act included in the impugned annexure -a1 fir in crime no.1139/2014 of konni police station is liable to be quashed and accordingly the same stands quashed. 10. however, the issue as to whether ..... it has been held that since the ingredients of the offence under sec. 138 of the negotiable instruments act and that under sec.420 of the ipc are distinct, there is no bar on the police from investigating the crime for the offence under sec.420 of the ipc which is in respect of a ..... for offences under secs. 3(2) r/w secs. 17 and 18 of the kerala money lenders act and sec. 45s of the rbi act 1934. that during preliminary investigation conducted by the sub inspector of police, konni, it has been revealed that popular finance has 269 branches all over india along with its sister .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-29-2015
..... rules. the appointment letters of the appellants clearly state that they are appointed as members of home guard under the act and while on duty they will have the same powers, functions and privileges as police officers appointed under the police act (act v), 1861. the appointment letters do not state that the appellants were appointed as volunteers. even as per the finding ..... said ordinance. the clauses of the bill are self-explanatory." section 3 of the act relating to constitution of home guards reads as follows: "3. constitution of home guards. the superintendent of police in a district or the commissioner of police in calcutta may constitute for the district or calcutta, as the case may be, a body to be called the home guards, the ..... said ordinance, the government of west bengal, home department, police by notification no.4583p1dated 13th november, 1962 framed "the west bengal home guards rules, 1962". the ordinance subsequently was made an act known as "the west bengal home guards act, 1962. from statement of objects and reasons shown in (part iva) the calcutta gazette extraordinary dated 14th november, 1962, we find that the ..... members of which shall discharge such functions in relation to the protection of persons, the security of property or the public safety as may be assigned to them in accordance with the provisions of this act and .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-01-2015
..... provision suggests that ordinary original civil jurisdiction of the high court of calcutta will extend in following cases: in a suit for land or other immovable property- where such land or property is wholly situated in the ..... such limits; except that the said high court shall not have original jurisdiction in cases falling within the jurisdiction of the small cause court at calcutta, in which the debt or damage, or value of the property sued for does not exceed one hundred rupees." a plain reading of the ..... jurisdiction of civil court is excluded. that the private treaty agreement provided that mumbai court would have exclusive jurisdiction. the learned single judge of the calcutta high court under original jurisdiction, vide his judgment and order dated 22.12.2011 dismissed the application for revocation of leave and refused to return ..... the jurisdiction of civil court is barred in the present case by virtue of section 17 of sarfaesi act?. suit for land clause 12 of the letters patent of the high court of calcutta reads:"2. and we do further ordain that the said high court of judicature at fort william in ..... specific performance against such assignee, the case would not fall under section 17 of the sarfaesi act. aggrieved by the judgment and order dated 22.12.2011 passed by the learned single judge of the calcutta high court, dismissing the application for revocation of leave granted under clause 12 of letters patent .....Tag this Judgment!
Court : Kerala
Decided on : Sep-14-2015
..... . on the basis of the police verification wpc.no.19697/2015 :2. : report, the bank refused to ..... offer letter was issued at ext.p2. subsequently on police verification the petitioner was found to have been involved in two offences one punishable under section 118 (e) of the kerala police act, 2011 r/w section 185 of the motor vehicles act, 1988 and another under section 118(a) of the kerala police act. the convictions are evidenced by exts.p4 and p5 ..... court, chalakkudy in cc.no.4871/2013 ext.p5:true copy of judgment of judicial first class magistrate court, chalakkudy in ccno.2681/2013 ext.p6:true copy of police cerification certificate dtd. 20.04.2015 respondents exhibits: -------------------------------------- ext.r(a) true copy of the application dt2308.2013 submitted by the petitioner ext.r(b): true copyof ..... the affidavit dt512.2014 submitted by the petitioner ext.r(c): true copy of the police verification report dt2512.2014 submitted by the district police chief, thrissur rural true copy p.a to judge jma k. vinod chandran, j - - - - - - - - - - - - -- - - - - - - - - - - - - - - - w.p(c) no. 19697 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - dated .....Tag this Judgment!
Court : Karnataka
Decided on : May-11-2015
..... seal in all those six pages. further number was not allotted for that petition. according to our department rules, our head office has to act as a police station. their office has to maintain all the registers like a police station maintains. only nallamma naidu knows whether venkatesh acchary and jawaharlal were recognized valuers. in their department, rules were framed for the framing ..... the sworn statement of the complainant vide order dated 21.06.1996. he directed investigation under section 17 of the prevention of corruption act and under section 202 of cr.p.c. pw-240- tmt.letika saran, senior police officer, madras, investigated the matter and collected necessary materials in a fair and impartial manner and submitted report to the court within a ..... to his possession over such property. the accused would be entitled to acquittal (vasudevo ramachandra kaidalawar ?? 1981 crl.l.j. 884). a police officer with whom an investigation of an offence under section 5(1)(e) of the act is entrusted should not proceed with a pre-conceived idea of guilt of that person indicted with such offence and subject him to ..... .240 lathika saran was ordered to enquire according to section 202 of cr.pc. he was authorized to help pw.240. 12 police officers were given power by pw.240 under sections 17 and 18 of prevention of corruption act. thus, he along with other officers were directed to assist the investigation, collect documents related to this case from banks, financial institutions .....Tag this Judgment!
Court : Karnataka
Decided on : Nov-05-2015
..... exemption on sale of goods manufactured by it, under the notification issued by the government under the provisions of the karnataka sales tax act, 1957 (karnataka act 25 of 1957). (2) the tax exemption extended in this notification shall be limited to the un-availed portion of period and extent ..... government of karnataka hereby exempts with effect from the first day of april, 2005, the net tax payable by a new industrial unit under the said act, on the sale of goods manufactured by it, subject to the following conditions and procedure, namely (1) tax industrial unit is eligible for tax ..... extracts of the two notifications dated 21.08.1997 and the other two notifications dated 18.04.2005 are reproduced below: notification dated 21.08.1997 under the kst act explanation i explanation ii explanation iii (1) this notification shall not apply to :- (a) . (b) . (c) . (2) if an information technology ..... of karnataka. however, though no karnataka value added tax was chargeable for inter-state sales or for export, yet under section 20 of the kvat act, provision was made with regard to deduction of input tax on export and inter-state sales. the submission, thus, is that since by virtue of ..... by the said notifications dated 21.08.1997. the procedure for grant of exemption had been provided for in the notifications issued under the kst act, wherein it had been provided that if an information technology industrial unit exercising the option for tax exemption, collects any amount by way of tax .....Tag this Judgment!