Court : Mumbai
Decided on : Jan-05-2009
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... in paragraph 28 and 29 of the reported judgment letters written by government of india purported to the under section 12 (3) of 1971 act are reproduced and in paragraph 30, hon apex court has given reasons for holding it not to be a binding decision in terms of section 12 (3). in paragraph 34 of this judgment, ..... yavatmal is made in w. p. 3430/2007 and in it in paragraph 12 same statement has been made about the source of land. w. p. 2604/2008 is about lands in nagpur in paragraph 12 again general statement on same lines has been made. annexture i with this writ petition shows that lands have come ..... dated 30/11/2007 by addl. collector, nagpur in further rev. appeal 114/mrc--81/2006-07(of pipti, kandri, tekadi & gondegaon) and order dated 2/4/2008 in appeal no. 1/mrc-81/2007-08 by the additional commissioner, nagpur division. as the bone of contention between parties is competence of state government to recover non- ..... ukani) and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 (of kolera) by the additional commissioner, amravati division. in w. p. 2604/2008 challenge is to demand notices dated 21/12/2001, 15/2/2006, 17/2/2006, 16/3/2006 by tahasildar, parseoni (district nagpur). it also challenges order dated ..... 70/2/2004-05 and order dated 12/2/2007 in revision no. 2/rrc-70/2005-06 by the additional commissioner, amravati division. in w. p. 19/2008 challenge is to demand notices dated 16/1/2001,18/1/2001,30/1/2001, 1/2/2001, 5/2/2001 & 1/3/2001 by tahsildar, wani (district .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-16-2009
Reported in : 2009(3)BomCR308; 2009(111)BomLR979; 2009(2)MhLj868
..... that was cited before us was in (srimati) kamini mayi debi v. bhusan chandra ghose air 1926 cal 1193. the provisions of section 19 of guardians and wards act were under consideration before the court. it was observed that what is meant by section 19 is that where the father of the minor is living and is not incompetent to be the guardian ..... 's over all development.10.12. in nil ratan kundu v. abhijit kundu (civil appeal no. 4960 of 2008, decided on 8th august 2008), the supreme court after considering english law, american law and indian law so also the various other judgments of the supreme court, in paragraph 56 thereof held thus:56. in our judgment, the law relating to custody of a child ..... and above physical comforts, moral and ethical values cannot be ignored. they are equally, or we may say, even more important, essential and indispensable considerations.10.13 recently, the supreme court in gaurav nagpal v. sumedha nagpal jt 2008 (12) sc 115, had an occasion to deal with a situation where the father had flouted orders of the ..... court and managed custody to the point that contempt proceedings were initiated against him. the supreme court held that he cannot be beneficiary of his own wrong and thus confirmed the order passed by the high court granting custody to the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-20-2009
Reported in : 2009CriLJ3114; (2009)222CTR(Mad)470; 309ITR277(Mad); 179TAXMAN212(Mad)
..... the petitioner have not reached finality; the assessee has filed a tax case in tax case sr nos. 35552 to 35556 of 2008 on 22-4-2008 before this court with a petition to condone the delay and such delay is yet to be condoned. basing reliance on the pendency of the tax ..... the provisions of chapter xv mentioned above....it is, thus, clear that the complaint by private person and the complaint by court or public servant acting or purporting to act in the discharge of his duties have been put on different pedestal in the scheme of the code and without recording any ..... when the tax case will be finally disposed of and therefore submitted that when the disposal of the proceedings under the act namely the tax case pending before this court is not imminent there is no scope for either adjourning or postponing the hearing of the criminal case. he further pointed ..... therefore, quashed the prosecution. in p. jayappan v. s.k. perumal first ito : 149itr696(sc) this court observed that the pendency of the reassessment proceedings under the act cannot act as a bar to the institution of the criminal proceedings and postponement or adjournment of a proceedings for unduly long period on ..... complaint; a mere perusal of the allegations contained in the complaint prima facie reveals the ingredients of the offence under section 35(b) of the act and therefore the cognizance taken by the learned magistrate is in accordance with law. in support of his contentions the learned special public prosecutor relied .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-21-2009
..... the past eight years, have not been reticent in their criticism of saucier s rigid order of battle. see, e.g. , purtell v. mason , 527 f. 3d 615, 622 (ca7 2008) ( this rigid order of battle has been criticized on practical, procedural, and substantive grounds ); leval, judging under the constitution: dicta about dicta, 81 n. y. u. l. rev. 1249, 1275 ..... v. johnston , 184 wis. 2d 794, 518 n. w. 2d 759 (1994). it had been accepted by every one of those courts. moreover, the seventh circuit had approved the doctrine s application to cases involving consensual entries by private citizens acting as confidential informants. see united states v. paul , 808 f. 2d, 645, 648 (1986). the sixth circuit reached the same conclusion ..... pearson v. callahan - 07-751 (2009) syllabus october term, 2008 pearson v. callahan supreme court of the united states pearson et al. v . callahan certiorari to the united states court of appeals for the tenth circuit no. 07 751.argued october 14, 2008 decided january 21, 2009 after the utah court of appeals vacated respondent s conviction for possession and distribution of drugs, which he sold ..... of state law is also of doubtful precedential importance. as a result, several courts have identified an exception to the saucier rule for cases in which resolution of the constitutional question requires clarification of an ambiguous state statute. egolf v. witmer , 526 f. 3d 104, 109 111 (ca3 2008); accord, tremblay v. mcclellan , 350 f. 3d 195, 200 (ca1 2003); ehrlich v .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-22-2009
Reported in : 2009(111)BomLR737
..... question whether a person holds an office of profit under the governemnt, each case must be measured and judged in the light of the relevant provisions of the act. in paragraph 36 the court held thus: (scc p. 447)36. the question whether a person holds an office of profit, as already noticed, is required to be interpreted in a ..... singh, it is observed that historical facts and surrounding circumstances can always be taken into consideration by the court while interpreting the provisions:it has already been noticed that the court is entitled to take into account 'such external or historical facts as may be ..... of goa relied upon the divisional manager, aravali golf club and anr. v. chander hass and anr. (2008)1 scc 683, in support of his contention that creation and sanction of posts is a prerogative of executive and legislative authorities and the court cannot arrogate to itself this purely executive or legislative function and direct creation of posts in any organisation ..... well as representation of people act, 1951. this approach, thus, clearly establishes that the exercise of executive power by the state has to be in conformity with the constitutional limitation and mandate. the constitutional provisions cannot be circumvented by recourse to methodology which is otherwise not permissible.28. in `principles of statutory interpretation' (11th edition, 2008) by justice g.p. .....Tag this Judgment!
Court : Orissa
Decided on : Feb-03-2009
Reported in : 2009CriLJ2585
..... genuineness or otherwise of allegations made in the fir or complaint and the extraordinary and inherent powers of court do not confer an arbitrary jurisdiction on the court to act according to its whims or caprice. however, the court, under its inherent powers, can neither intervene at an uncalled for stage nor it can 'soft- ..... rare exceptional case, but where the allegations on the face of the complaint do not constitute an offence, criminal proceedings may be unhesitantly quashed. the court held as follows:exercise of jurisdiction under the inherent power as envisaged in section 482 of the code to have the complaint or the charge-sheet ..... disclosing the offence.(emphasis added)19. in sarjudas v. state of gujarat : 1999 (8) scc 508 : 2000 cri lj 509 the hon'ble supreme court held that there must be cogent evidence of mala fides or malicious intention of the informant or the complainant for taking note of the allegations of mala fide ..... . anil kumar agarwal : (2007)7 scc 373 : 2007 cri lj 3735; didigam bikshapathi v. state of andhra pradesh : (2008) 2 scc 403 : 2008 cri lj 724 and sunita jain v. pawan kumar jain : (2008)2 scc 705.8. in pepsi foods ltd. v. special judicial magistrate : air 1998 sc 128 : 1998 cri lj 1 ..... a similar issue was considered and the hon'ble apex court held that the criminal law cannot be set into motion as a matter .....Tag this Judgment!
Court : Rajasthan
Decided on : Feb-05-2009
Reported in : RLW2009(2)Raj1460; 2009(1)WLN116
..... an interlocutory order. the revision can very well be maintained before the learned sessions judge as held by this court in natwarlal v. state reported in 2008(1) crlr (raj) 617.22. this court could have exercised the power under section 482 of the code, had there been a case from the ..... proceedings of trial is termed as final order. rest are said to be interlocutory orders. this view has been reiterated by the hon'ble supreme court in amamath v. state of haryana reported in : 1977crilj1891 in the following terms:.it is difficult to hold that the impugned order summoning the ..... according to the learned counsel, if the investigation is unfair or cognizance has been taken in disregard to the established principles of law, this court in exercise of its inherent powers, can quash the proceedings, even though the party has not preferred to choose the remedy of revision available ..... deposited and on the contrary, he purchased valuable cars from the foreign company in the name of tourism and thereby alleged to have committed an act of cheating. these allegations cannot be termed as purely of civil nature, but is an offence under section 420 ipc.25. in misc. petition ..... the learned magistrate has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging .....Tag this Judgment!
Court : Delhi
Decided on : Feb-24-2009
Reported in : AIR2008Delhi1992; 2008(2)ALD(Cri)547
..... ' for its school as a goenka public school from the publication of their advertisement in hindustan times news paper dated 11.11.2008.10. by order dated 12th december, 2008 this court has passed an ex parte ad interim injunction restraining the defendant society from offering its service in the field of education, under ..... for passing off is a common law remedy being an action in substance of deceit under the law of torts. wherever and whenever fresh deceitful act is committed the person deceived would naturally have a fresh cause of action in his favour. thus every time when a person passes off his ..... injunction in certain circumstances. in the present case, we are dealing with a statutory right based on the provisions of the trade and merchandise marks act, 1958. an exclusive right is granted by the registration to the holder of a registered trade mark. we do not think statutory rights can be ..... my view violation of the exclusive statutory rights is illegal activity, to hold otherwise will negate the statutory provisions of the trade and merchandise marks act.44. validity of the trade mark cannot be challenged in an action of infringement in the case of 1999 ptc 81 it was held as ..... of over two decades in the field of imparting education, real estate, travel, tourism and plaintiff no. 2 is a company incorporated under the companies act, 1956 and is engaged in the field of imparting education under the license from first plaintiff. in 1994, plaintiffs opened 'g.d. goenka public school .....Tag this Judgment!
Court : Rajasthan
Decided on : Mar-04-2009
Reported in : 2009CriLJ3747; RLW2009(4)Raj3399
..... an express provision in a statute governing a particular subject matter there is no scope for invoking or exercising the inherent powers of the court because the court ought to apply the provisions of the statute which are advised to govern the particular subject matter. from this it will be clear that ..... ravi shankar srivastava, ias : (2006) 7 scc 188 : 2006 cri lj 4050; and (v) central bureau of investigation v. k.m. sharan : (2008) 4 scc 471 : 2008 cri lj 2027.5. while advancing the arguments further, the learned counsel for the respondent has submitted that there has been reasons why the inherent powers were given ..... . state of gujarat : (2007) 6 scc 156 : air 2007 sc 2522; (vii) b. suresh yadav v. sharifa bee : (2007) 13 scc 107 : 2008 cri lj 431.3. on the other hand, the learned counsel for the complainant respondent no. 2 has contended that in view of the fact that against the, impugned ..... verbatim to section 482 of the new code, held as under:the inherent jurisdiction of the court, which receives recognition in section . 561-a, criminal p.c. cannot be invoked for the purpose of doing an act which would conflict with any of the provisions of the law or the general principles of criminal ..... to the high court and for that purpose, he has placed reliance on the cases in ; (i) mary angel v. state of t.n. .....Tag this Judgment!
Court : Chennai
Decided on : Mar-13-2009
Reported in : (2009)6MLJ289
..... by the state that the petitioners were not entitled to consequential benefits in view of legislative provision and overriding effect under section 11 of the act. the court, however, negatived the contention. it observed that it is open to a competent legislature to remove a defect in a legislation. such enactment ..... v. arooran sugars limited reported in : air1997sc1815 held as follows:para 16. the scope of a non obstante clause and of validating act has been examined by this court from time to time. reference in this connection be made to the judgment in the case of shri prithvi cotton mills ltd. v. ..... with the aid of legislative power by making a provision which, in substance and in reality, overrides and overrules a decision rendered by a competent court. such process virtually renders a judicial decision ineffective by indirectly exercising appellate power over a judicial forum which is impermissible....22. mr. a.sivaji, ..... till date, no steps were taken to get the petition ordered by this court.8. while one set of writ petitions came up for hearing on 04.11.2008, w.p. no. 4083 of 1999 came up on 19.12.2008. since in all the writ petitions, identical contentions have been raised, they ..... were heard together and a common order is being passed.9. when orders were passed by the authorised officer, the said matter came up for consideration in a revision petition before this court. the decision in .....Tag this Judgment!