Court : Supreme Court of India
Decided on : Nov-22-1991
Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; Supp2SCR497
..... filed by a private individual pending in the court of special judge, greater bombay and transferring the same to the high court of bombay in breach of section 7(1) of the criminal law amendment act, 1952 (which mandates that the offences as in the said case shall be tried by a special judge only) thereby denying at least one right of appeal to the ..... , agree with the contention that it is not necessary to answer the first part of question 3. the context in which all the questions are referred to us and the preamble of the reference amply bear out that the questions have been raised against the background a particular set of facts. these facts have no bearing on the first part of ..... in respect of any dispute or complaint for the adjudication of which the provision is made in such law. we have also noted that section 11 of the inter-state water disputes act makes such a provision.13. the said act, as its preamble shows, is an act to provide for the 'adjudication of disputes relating to waters of inter-state rivers and river valleys ..... government to make it effective. the first question refers to the constitutional validity of the karnataka ordinance (now the act). although this question does not specifically refer to the cauvery water dispute or the interim order passed by the tribunal, the preamble of the said statute leaves no doubt that it is concerned with 'the protection and preservation of irrigation in irrigable .....Tag this Judgment!
Court : Karnataka
Decided on : Dec-10-1991
Reported in : ILR1991KAR4557; 1991(3)KarLJ142
..... conformity with the doctrine of 'actus curiae neminem gravabit'. it is a case where the supreme court transferred a case triable by the special judge under section 6(1) of the criminal law amendment act, 1952 to the high court which had no jurisdiction to try the offences alleged for a speedier trial by an order which was clearly per incuriam. in the circumstances, the ..... sri kumaraswamy, some of these cases also, lands came to be granted by the competent authority under the mysore cultivation of fallow lands act, 1951 (mysore act no. xvii of 1951). by a perusal of the preamble of the act, it is seen that it is with a view to bring fallow lands under cultivation in the state of mysore except bellary district, the ..... than the grantees belonging to scheduled castes and scheduled tribes. but we should not lose sight of the object sought to be achieved under the act. the preamble of the act provides for that. it says:'an act to provide for the prohibition of transfer of certain lands granted by government to persons belonging to the scheduled castes and scheduled tribes in the state ..... classification has a clear nexus to the object sought to be achieved.....'thus the supreme court also has noticed having regard to the preamble of the act that a special benefit is sought to be conferred upon these sections of the people to prevent their exploitation. therefore, the interpretation of rule 43j should be to give effect .....Tag this Judgment!
Court : Chennai
Decided on : Dec-20-1991
Reported in : (1992)2MLJ260
..... the office of the speaker of the house of the people, but such election may be called in question under any such law as is referred to in clause (1).(4) no law made by parliament before commencement of the constitution (thirtyninth amendment) act, 1975, in so far as it relates to election petitions and matters connected therewith shall apply or shall be deemed ever ..... dependence of its members upon the people, which renders them liable to be peculiarly susceptible to popular clamour, is not properly constituted to try with coolness, caution, and impartiality a criminal charge, especially in those cases in which the popular feeling is strongly excited the very class of cases most likely to be prosecuted by this mode' (see cooley, constitutional limitations ..... : 'the cuttack municipal elections had been set aside by the high court and if the governor thought that in the public interest, having regard to the factors enumerated in the preamble to the ordinance, it was necessary to validate the said elections, it would not necessarily follow that the ordinance suffers from the vice contravening article 14.therefore, if the infirmity .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-29-1991
Reported in : AIR1991SC558; (1991)93BOMLR136; 1991CriLJ654; 1991(1)Crimes467(SC); 1991(33)ECC32; 1991(52)ELT328(SC); JT1991(1)SC258; 1991(1)KLT547(SC); 1991(1)MhLj204; 1991(I)OLR(SC)305;
..... the provisions of section 439 cr. pc4. we may at this stage note the relevant provisions of narcotic drugs & psychotropic substances act. the preamble to the narcotic drugs & psychotropic substances act shows that the object of the act is to consolidate and amend the law relating to narcotic drugs and to make stringent provisions for the control and regulation of operations relating to narcotic drugs and ..... court' constituted under section 36.now let us note section 37 as amended in the year 1989 and the same is in the following terms: 37. offences to be cognizable and non-bailable-(1) nothwithstanding anything contained in the crpc, 1973 (2 of 1974),- (a) every offence punishable under this act shall be cognizable; (b) no person accused of an offence punishable for ..... likely to commit any offence while on bail. (2) the limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the crpc, 1973 (2 of 1974), or any other law for the time being in force on granting of bail. now it becomes necessary to extract section 439 cr. pc which reads as ..... section shall be deemed to affect the special powers of the high court regarding bail under section 439 of the crpc, 1973 (2 of 1974), and the high court may exercise such powers including the power under clause (b) of sub-section (1) of that section as if the reference to 'magistrate' in that section included also a reference to a 'special .....Tag this Judgment!
Court : Mumbai
Decided on : Dec-13-1991
Reported in : 1992(1)BomCR152
..... to the occupiers. the government thought that this step would bring about equitable distribution of ownership and control of tenements in such buildings to subserve the common goods.the preamble to the amending act sets out that in the urban areas and particularly in greater bombay area the old buildings which have outlived their lives and rendered themselves in a bad state of ..... the constitution of india as it provides that acquisition of the property for a compensation which is illusory, and (b) that the deletion of article 19(1)(f) and article 31 by the constitution 44th (amendment) act, 1978 in ultra-vires as it violates the basic features of the constitution. shri setalvad submitted at the outset that the petitioners are not claiming relief ..... for co-operative societies of occupiers. the principal challenge being to section 103-b, it is necessary to set out the entire section:(1) notwithstanding anything contained in any of the provisions of chapter viii or any other law for the time being in force or in any agreement, contract, judgment, decree or order of any court or tribunal to the contrary ..... enacted, i.e., for securing the principles specified in clause (b) of article 39 of the constitution. in our judgment, the provisions are in furtherance of the object which the law desired to achieve by enacting chapter v and chapter viii of the act. in our judgement, apart from the declaration contained in section 14 of the act, the provisions of the act including provisions .....Tag this Judgment!
Court : Chennai
Decided on : Jun-27-1991
Reported in : 1993CriLJ844
..... ) of s. 167 of the code of criminal procedure will have no application in such cases where a person had been charged under any of the offenses falling within the scope of the n.d.p.s. act'. 9. the preamble to n.d.p.s. act shows that the object of the act was to amend the law relating to narcotic drug and to make stringent ..... likely to commit any offence while on bail. (2) the limitations on granting of bail specified in clause (b) of sub-sec. (1) are in addition to the limitations under the code of criminal procedure, 1973 or any other law for the time being in force on granting of bail.' 6. the learned public prosecutor relied upon the ruling reported in narcotics control ..... been released on bail under this chapter be arrested and commit him to custody'. section 37 of n.d.p.s. act reads as follows : '37(1) notwithstanding anything contained in the code of criminal procedure, 1973 - (a) every offence punishable under this act shall be cognizable; (b) no person accused of an offence punishable for a term of imprisonment of five years or ..... he is satisfied that adequate grounds exist for doing so, but no magistrate shall authorise the detention of the accused person in custody under this paragraph for total period exceeding - (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment for life or imprisonment for a term of not less than ten years; (ii) sixty days, where .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-19-1991
Reported in : AIR1992SC398; 73CompCas257(SC); JT1991(4)SC487; (1992)ILLJ313SC; 1991(2)SCALE1021; 1992Supp(2)SCC10; Supp2SCR338
..... in the year 1956. as the preamble itself says it is an act to consolidate and amend a law relating to companies and certain other associations. as to definition of company, it is found under section 3(1) which consists of the following:(i) company(ii) existing company(iii) private company(iv) public companysection 644 of this act reads as follows:the enactments mentioned in ..... ultra vires purposes, and even though the members oppose relief being given.* * *under the statutory provision, relief can be given against any of the criminal penalties imposed by the companies act, 1985, but not against criminal liability under any other statute, or against civil liability to anyone other than the company whether the liability arises by statute or otherwise, and so ..... summons on the registrar of companies because what was sought to be recovered were the dues under the provident fund act. it was further ordered concerning prayer-b that an injunction shall issue restraining the respondents from initiating any criminal proceedings against the appellants or any of them for non-payment or delayed payment of the provident fund.5. aggrieved ..... requires to be stated that though stephenson, lj referred to palmer's company law, he also made reference to pennington's company law (4th edn., 1979 p. 548). it is stated thus :under the statutory provision relief can be given against any of the criminal penalties imposed by the companies act, 1948 and 1976, but not, it would seem, against civil liability .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-25-1991
Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; 3SCR189a
..... . 46 of 1977 in the court of the special judge, madras, initiated on a charge-sheet accusing him of the offence of criminal misconduct under section 5(1)(e) punishable under section 5(2) of the act, as amended by the amendment act of 1964. the matter was heard by a full bench of the high court which dismissed the application by order dated 27.4 ..... passed as it was expedient to make more effective provisions for the prevention of bribery and corruption. the long title as well as the preamble indicate that the act was passed to put down the said social evil i.e. bribery and corruption by public servant. bribery is a form of corruption. the fact that in addition to the word 'bribery' the word ..... stated below:third-every judge including any person entrusted with adjudicatory functions in the course of enforcement of any law for the time being in force.36. this recommendation led to the enactment of anti corruption laws (amendment) act 1964 (act no. 40 of 1964). the parliament by passing this enactment has reenacted section 21 with the third category as follows:21. 'public servant'- the ..... the legislation is to ensure a clean public administration by weeding out corrupt officials. the preamble of the act indicates that the act was intended to prevent more effectively the bribery and corruption by public servants. this court had an occasion to examine the broad outlines of the act. imam, j., in s.a. venkataraman v. the state 1958 scr 1040 while analysing the .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-15-1991
Reported in : 1992CriLJ1860
..... order to enable me to appreciate his line of argument, it is better to reproduce s. 30 of the prevention of corruption act, 1988 which reads thus - 'repeal and saving - (1) the prevention of corruption act, 1947 (2 of 1947) and the criminal law amendment act, 1952 (46 of 1952) are hereby repealed. (2) notwithstanding such repeal, but without prejudice to the application of s. 6 of ..... the general clauses act, 1897 (10 of 1897), anything done or any action taken or purported to have been done or taken under or ..... in pursuance of the acts so repealed shall ..... of the state, therefore, an application was made for amending the charge and requested that the charge under ss. 13(1)(d) & 13(2) read with s. 7 of the prevention of corruption act, 1988 be framed instead of one u/s. 5(1)(d) read with s. 5(2) of the prevention on corruption act, 1947 and s. 161 of the indian penal code .....Tag this Judgment!
Court : Kerala
Decided on : Feb-11-1991
Reported in : 71CompCas131(Ker); 1991CriLJ1771
..... referred to as 'the act') as amended by the banking, public financial institutions and negotiable instruments laws (amendment) act, 1988.3. the first respondent raised a preliminary objection before the lower court that the complaint is not maintainable in view of the bar contained in article 20(1) of the constitution.4. section 138 of the act came into force only on april 1, 1989 (see the gazette ..... action and nothing else.12. offence has been defined in section 3(38) of the general clauses act as meaning any act or omission made punishable by any law for the time being in force. the definition contained in section 2(n) of the code of criminal procedure is also to the same effect. in the instant case, it is omission to pay the ..... order passed by the court below holding that prosecution against the first respondent was not maintainable in view of article 20(1) of the constitution of india.short facts which are necessary for determination of the question raised in the criminal revision petition are as follows : the first respondent approached the petitioner herein for a loan of rs. 17,000 and represented ..... amount on demand by issue of notice after the cheque is returned that is made an offence. since that event was after the coming into force of section 138, the bar contemplated in article 20(1) of the constitution is .....Tag this Judgment!