Court : Patna
Decided on : Mar-18-1993
..... in the said expression. (emphasis added)14. the scope of section 319 of the code again came for consideration before the apex court in the case of municipal corporation of delhi v. ram kishan rohtagi and ors. : 1983crilj159 and there the case of joginder singh (supra) was noticed and followed and it was ..... being considered.13. the scope of section 319(1) came for consideration before the supreme court in the case of jogendev singh and anr. v. state of punjab and anr. : 1979crilj333 , wherein, it was held that the aforesaid section applies to all the courts including the court of session and if it appears ..... 23-6-87 took cognizance of the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arms act and ordered for issuance of summons against those accused persons who have been charge-sheeted and discharged the petitioners on the ground that they were not sent ..... the other named accused persons for the offence under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arras act being sheosagar p.s. case. no. 77/88.4. the police after investigation submitted chargesheet against accused babban dusadh, lal saheb dusadh and satyanarain dusadh only ..... code') to face the trial for the offences under sections 147, 148, 149, 307, 380 of the indian penal code and section 27 of the arms act. at the time of admission, the learned single judge of this court ordered that the application be heard by a division bench and that is how the .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-03-1993
Reported in : 1994(1)BomCR648; 1994CriLJ1791
..... ), but subsequently in 1986 he joined another political front known as 'amravati mahapalika sudhar samiti'. the victim ramkishore (ramu) somani and accused gopal maharaj were contenders for the office of municipal ward member. accused ramkishore yadao and accused ramprasad yadao were the real brothers and in league with accused gopal maharaj all other accused were their associates. 3. some time in ..... by the special executive magistrate. however, he did not pursue the submission in view of the observations made by their lordships in a case of madan mohan v. state of punjab, : 1970crilj898 that certain omissions in the police statement would not be sufficient to discard the testimony of the approver. in the confessional statement, nothing is reflected. their lordships observed that ..... takes the form of express solicitation or hints insinuation or encouragement. the word instigate means to goad or urge forward or to provoke, incite, urge or encourage to do an act'. the conduct and words used by the accused gopal maharaj, ramkishore and ramprasad yadao as depicted by anil choudhary would constitute a species of abetment. 37. section 150 of the ..... has been brought on record to discard his testimony. his evidence was criticized that he was also an accomplice. however, from his evidence, it is clear that simply he was acting on the tunes of the accused. except this, nothing to point out that he was a member of the unlawful assembly or at any time he participated in their anti .....Tag this Judgment!
Court : Karnataka
Decided on : Feb-16-1993
Reported in : ILR1993KAR834; 1993(2)KarLJ19
..... at page 1609:'this view with great respect, is inconsistent with the ratio of the decision of the supreme court in rai saheb ram jawaya v. state of punjab : 2scr164 and also in state of m.p. v. kum. nivedita jain : 1scr759 . in both these decisions, the supreme court has ..... -extensive with that of the legislative power, in the absence of legislation, that is, when the particular field is not occupied by legislation, executive can act. these decisions were not brought to the notice of the learned judge in sahyadri education trust case. when these decisions were brought to the notice of ..... ' and smt. indira nehru gandhi v. raj narain : 2scr347 .'in the said case, power of the state government was traced to the essential commodities act, 1955 and the impugned action was upheld. requirement of a law to impose any restriction on the exercise of a fundamental right, is an exception to the state' ..... has power to legislate in regard to the subject on which the executive order is issued. it was observed (at p. 1174 of air):''every act done by the government or its officers must, if it is to operate to the prejudice of any person is supported by some legislative authority'.the ..... law. the state or its executive officers cannot interfere with the rights of others unless they can point to some specific rule of law which authorises their acts. in state of madhya pradesh v. thakur bharat sing, : 2scr454 , the court repelled the contention that by virtue of article 162, the state .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-17-1993
Reported in : I(1994)BC45(SC); JT1993(5)SC313; (1994)1MLJ78(SC); 1993(3)SCALE791; (1994)1SCC131; Supp2SCR346
..... property, and it does not appear fantastic. it may usefully state other material facts, such as the area of land, nature of rights in it, municipal assessment, actual rents realised, which could reasonably and usefully stated succinctly in a sale proclamation has to be determined on the facts of each particular case ..... dhirendra nath gorai & subal chandra v. sudhir chandra ghosh : 6scr1001 this court held that non-compliance of section 35 of the bengal money lenders act does not render the sale void. it is only an irregularity. the judgment-debtor having had the knowledge did not file any objection. he did not ..... taken on or before the date of which the proclamation of sale was drawn up.' undoubtedly, this special rule was brought on statute by 1976 amendment act. it is like a 'caveat emptor' that the judgment debtor be vigilant and watchful to vindicate pre-sale illegalities or material irregularities. he should ..... order 21 rule 22), and service is mandatory. it is made manifest by order 21 rule 54(1a) brought on statute by 1976 amendment act with peremptory language that before settling the terms of the proclamation of sale. the omission thereof renders the further action and the sale in pursuance thereof ..... absence the sale itself is a nullity, is devoid of substance. the rigour of the need to obtain power or authority arises only when he acts as an agent but not when he had, per himself and other's behalf, participated in the bid. prudence requires that the sale officer should .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-10-1993
Reported in : 1993(3)BomCR187; 1993CriLJ3384
..... been completely handicapped in its right of testing and demolishing his evidence. the division bench in that case was dealing with a prosecution under the customs act where the situation was entirely different. we are here concerned with a private prosecution where the witness was made available for cross-examination. he was, ..... offence in relation to actual purchasing power. the accused was a director of a public limited company in which position the law expects of him to act with a sense of honesty, integrity and with great responsibility. in diverting corporate funds, he was perhaps involving in a form of activity that ..... he, however, admits that he issued the cheque for rs. 7,00,000/- to kashiprasad kedia, but his case all though is that he was acting under instructions. he does not, however, name the person who gave his these instructions. he seeks to justify the payment by stating the kashiprasad kedia ..... confirmed and the secondary issue, namely, the question as to whether the charges against accused nos. 1 and 2 are proved in relation to this act require to be decided. for this purpose, the evidence of kashiprasad kedia assumes considerable importance. 24. pw 4 kashiprasad kedia has stated that he was ..... in the case of emperor v. savlimiya miyabhai : (1944)46bomlr509 ; nathu ram v. the state, and bakhashish singh v. the state of punjab, : 1957crilj1459 , in support of the proposition that non-availability of the witness at a later stage of the same proceeding will not render the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-02-1993
Reported in : 1995(2)SCALE239; 1994Supp(3)SCC708
order1. special leave granted.2. on a petition filed under article 226 of the constitution by the bar association of jammu and kashmir at srinagar, a division bench of the high court comprising nathur, cj, and kochhai, j, directed the respondents by the order dated 22nd october 1993 to permit shri z.a. shah, advocate, and counsel for the petitioner to enter the hazratbal shrine and report all the matters enumerated in the said order. as the state had an objection to the access of shri shah into the shrine it approached this court by way of a special leave petition (no. 17239/93). this court passed an order on 24.10.93 permitting the state to seek a modification of that order, in that, in place of shri shah a team of willing red-cross personnel (not exceeding five in number) may be permitted to enter the shrine and report all matters enumerated in the high court, if it so pleased. it appears that thereafter on the state's motion, the high court modified the order whereby four medical officers were appointed in place of shri shah to visit the hazratbal shrine in compliance with its order of 22.10.93. the said team of medical officers submitted a report to the high court on 29.10.93 inter alia stating that the total number of persons inside the shrine were 80 in addition to some other persons whom they were not allowed to see. amongst the persons present in the shrine seen by this team of medical officers were one woman, 21 sick persons, out of whom two were serious but no child .....Tag this Judgment!