Court : Kolkata
Reported in : 2007(4)CHN842
..... that the investigation had been conducted illegally in contravention of sub-section (4) of section 5 of the prevention of corruption act, 1947. under this section a police officer, below the rank of deputy superintendent, shall not investigate any offence punishable under sub-section (2) of section 5 ..... a fundamental right by being included in part iii of the constitution. it was observed that the supreme court is, thus, constituted the protector and guarantor of fundamental rights and, therefore, consistently with the responsibility so laid upon it, cannot refuse to entertain applications seeking protection against ..... court. in view of the law of the land as it stands declared in l. robert d'souza v. executive engineer, southern railways in air 1982 sc 854, we must hold that the termination of the services of the petitioners in these cases constitutes retrenchment and for ..... different political parties were pursuing different agendas. the meeting dated 19.02.2007 which was held by the district magistrate (east midnapore) quite clearly shows that the police was present in nandigram in large numbers. on paper decisions have been taken by all the political parties to restore peace ..... cbi enquiry was directed to be held by the court:1. punjab & haryana high court bar association, chandigarh through its secretary v. state of punjab and ors. reported in : 1994crilj1368 ;2. punjab & haryana high court bar association v. state of punjab and ors. reported in : (1996)4scc742 ;3. shashikant v .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1997P& H87
..... . (no court except -(a) the supreme court; or(b) any industrial tribunal, labour court or other authority constituted under the industrial disputes act, 1947 (14 of 1947) or any other corresponding law for the time being in force,shall have), or be entitled to exercise any jurisdiction, powers or authority in ..... of american supreme court in bredwell v. iunion, (1873) 23 usf 30wherein it is stated thus:--man is, or should be, women's protector and defender. the natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of the civil ..... referred to the observations made by the supreme court in gazula dasaratha rama rao v. state of andhra pradesh, air 1961 sc 564; general manager, southern railway v. rangachari, air 1962 sc 36; yusuf abdul aziz v. state of bombay, air 1954 sc 321 and that of bombay high court in dattatraya ..... have come to occupy top posts in the executive, legislature and the judiciary. they have even taken their due place not only in the police but also in the defence forces. gone are the days when women were confined to the kitchen or found themselves in totally helpless situations. ..... authority, like the respondent university which is admittedly under the jurisdiction of the court. the applicability of article 226, in relation to he university of punjab, cannot be brought within the ambit or control of the central administrative tribunal. this objection of the respondents, therefore, being without any basis is .....Tag this Judgment!
Court : Mumbai
Reported in : 2002(1)BomCR419
..... of sikkim : 1998crilj3013 , which, he submitted, clinched the issue. the facts of the case were that the prevention of corruption act, 1947 was extended to the state of sikkim with effect from 1-9-1976. cases were registered by the c.b.i. against ..... meaning. the court must confine itself to the words within their natural meaning. reliance was placed on the following decisions: (i) london & north eastern railway co. v. berrimal  ac 278 . (ii) tolaram v. state of bombay : 1scr158 . (iii) union of india v. rai ..... been cited at the bar on this question, and we shall now proceed to consider the same. 161. in state of punjab v. mohar singh pratap singh air 1955 sc 84, the respondent had filed a claim in accordance with ordinance no. 7 ..... the securities market. as a market regulator, it is a protector of investors, not managements. the provisions of the sebi act, the 1994 and 1997 regulations, the depositories act and section 111a of the companies act show that there is a significant shift of law, as ..... , etc. relying upon the judgment of the supreme court in cit v. east coast commercial co. ltd. air 1967 sc 768, he contended that no direct evidence of overt act or concert between the members of the group having control over voting rights is ..... a petition under sections 397 and 398 of the companies act and sought supersession of the board. it was sought to be urged, on the basis of an affidavit filed by the deputy' superintendent of police in the supreme court, that the balaji group were .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; 2SCR365
..... after the judgment in duncan's case (1942) ac 624 (supra) the crown proceedings act, 1947 was passed by the british parliament and the crown privilege recognised under the common law was regulated by section 28 of the said ..... the majority of cases. along with the supreme court at the apex, the high courts have to play the role of protectors of the rights and liberties of the people and should, therefore, be manned by independent and efficient judges, realising the importance ..... publication, the air was thick with the rumour that government had issued orders to shut cut indians from all posts in the railways department, carrying a salary of rs. 30 and upwards a month. it was impossible to believe a statement of this ..... decision commencing from state of west bengal v. n.n. bagchi : (1968)illj270sc and ending with shamsher singh v. state of punjab : (1974)iillj465sc it has been authoritatively laid down that in matters concerning the conduct and discipline of district judges, their further ..... alleged to have been expressed, the legal practitioners practising in the high court, city civil courts, small cause courts and the police courts resolved not to attend those courts on 15-4-81. the petitioners further alleged that they represented a large body ..... a liquid market. in effect the complaint was that the price differential worked unfairly against the producers in the popular south-east region where milk was more valuable, the cost of transport was less and the price of laud was higher. there .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 1SCR778; Supp2SCR778
..... that sales sought to be assessed were made in the course of inter-state trade, that the provision of the bihar sales tax act, 1947 (bihar act 19 of 1947) which authorised the imposition of tax on such sales were repugnant to article 286(2) and void, and that, therefore, the proceedings ..... to this court. in romesh thappar v. state of madras : 1950crilj1514 this court declared that under the constitution the supreme court constituted as the protector guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringement of ..... . our attention was also invited to the decisions in mc govern v. new york  229 u.s. 363, l.ed. 1228.) and american railway express co. v. kentucky  273 u.s. 269 71 l.ed. 639. it was observed in the latter case : 'it is firmly ..... otherwise article 265 becomes wholly redundant. in the united states of america the power of taxation is regarded as distinct from the exercise 'of police power or eminent domain. our constitution evidently has also treated taxation as distinct from compulsory acquisition of property and has made independent provisition giving ..... . the excise & taxation officer, amritsar : 1scr823 carry the matter further. there, the petitioner was a dealer registered under the punjab general sales tax act. notices were served on him by the sales tax authority, the last of them being that if the relevant documents were not produced within .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1962SC1621; 1963(1)SCR778
..... claimed that sales sought to be assessed were made in the course of inter-state trade, that the provision of the bihar sales tax act, 1947 (bihar act 19 of 1947) which authorised the imposition of tax on such sales were repugnant to article 286(2) and void, and that, therefore, the proceedings ..... romesh thappar v. state of madras ((1950) s.c.r. 594.) this court declared that under the constitution the supreme court constituted as the protector guarantor of fundamental rights, and it cannot, consistently with the responsibility so laid upon it, refuse to entertain applications seeking protection against infringement of such ..... court".our attention was also invited to the decisions in mc govern v. new york ( 229 u.s. 363, l.ed. 1228.) and american railway express co. v. kentucky ( 273 u.s. 269 71 l.ed. 639, 642.). it was observed in the latter case :"it is ..... otherwise article 265 becomes wholly redundant. in the united states of america the power of taxation is regarded as distinct from the exercise"of police power or eminent domain. our constitution evidently has also treated taxation as distinct from compulsory acquisition of property and has made independent provisition giving ..... taxation officer, amritsar ((1962) 1 s.c.r. 823.) carry the matter further. there, the petitioner was a dealer registered under the punjab general sales tax act. notices were served on him by the sales tax authority, the last of them being that if the relevant documents were not produced within a .....Tag this Judgment!
Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... rights of free citizens guaranteed under article 19.71. the second case arose out of an order of externment from delhi district served on dr. khare under section 4, east punjab public safety act. the learned chief justice of india delivering the judgment of the majority held that the acfc in question did not violate article 19(1)(d) of the constitution & was ..... though we were a super-legislature. judicial self-restraint is equally necessary whenever an exercise of political or legislative power is challenged . . . . in no instance is the ct. the primary protector of the particular liberty that is invoked.' west virginia board of education v. barnette, (1943) 319 u.s. 624.60. where personal rights & liberties are concerned a wider coverage of ..... the power of the state to prescribe regulations for promoting the health, morals. & education, of the people, the economic & industrial development of the country, & for preserving peace & order, called the 'police power' in america, involves some kind of selection, classification & special treatment. reasonable classifications made & restrictions imposed by law do not amount to a denial of equal protection. though the classification ..... detained or gone underground. the assocn. owns a house, no. 4, rundall's road, vepery, which was purchased for a sum of rs. 55,000 in or about 29-11-1947. the society placed an order for the purchase of rotary printing press which arrived in madras on 5-2-1948 but with some parts missing & was taken delivery of by .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1986SC1272; (1986)88BOMLR432; 1986(1)SCALE681; 1986Supp(1)SCC401; 1SCR731; 1986(2)LC319(SC)
..... ) ceased to be the members of the constituent assembly of india, and there were fresh elections in the new provinces of west bengal and east punjab. the result was that when the constituent assembly reassembled on october 31, 1947, its membership was 299 only, including 70 representatives of the indian states of this total number of members of the constituent assembly, 284 were ..... the north-west frontier province will form part of pakistan, by the exclusion of the members representing that province; and(iii) by the inclusion of members representing west bengal and east punjab; and(iv) should it appear that on the appointed day, a part of the province of assam is to form part of the new province of ..... by the indian rulers this constituent assembly was not a sovereign body for its authority was limited both in respect of basic principles and procedure. it was the indian independence act, 1947, which established the sovereign character of the constituent assembly and freed it from all limitations this is the harsh reality of history which one cannot escape. on the midnight of ..... made by the company of london merchants (hereinafter referred to as 'the london company'), which had obtained by royal charter the right to trade with the east indies, urging the crown and thereafter the lord protector oliver cronwell to purchase bombay from the portuguese. these efforts bore fruit when king charles ii married infanta donna catherine of braganza, sister of alfonao vi .....Tag this Judgment!
Court : Mumbai
Reported in : 68CompCas720(Bom)
..... dealing with the provisions of clause 8 of the imports (control) order, 1955, issued under the imports and exports (control) order, 1955, issued under the imports and exports (control) act, 1947 18 of 1947). clause 8b contemplates an action of interim nature pending investigation into the allegations under clause 8 and while considering the question of observance of the principles of natural justice ..... to be composed of men of proved worth and standing and there is no other method which can ever be contemplated. similarly, the role of the reserve bank as a protector of the interests of the bank depositors in particular has been emphasised. in paragraph 26, it is observed that various provisions indicate that the legislature considers that consistent with its ..... the application, viz. :'..... we are of the view that the bank may be compulsorily amalgamated with one public sector bank. we suggest that the bank may be amalgamated with the punjab national bank. if government agree to the proposed merger of the bank, the enclosed (draft) notification ordering moratorium in respect of the bank may please be issued.'39. mr. cooper ..... bank (respondent no. 4 herein);(iv) the draft scheme prepared and proposed by the reserve bank under the provisions of section 45(5) for the amalgamation of hcb with the punjab national bank.6. though in the petition, the draft scheme is also sought to be challenged mr. cooper, learned counsel for the petitioners, however, restricted his challenge only to the .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; SuppSCR172; 1976(8)LC610(SC)
..... include sub-section (c) in section 3(1), by which be right to detain was given as against smugglers and offenders under the foreign exchange regulation act, 1947. on november 16, 1974 the president issued a declaration under article 359(1) suspending the right of persons detained under section 3(1)(c) of ..... could secure his release. as pointed out by holdsworth in vol. 1 of his 'history of english law', 'its position as the most efficient protector of the liberty of the subject was unquestioned after the great rebellion'. it was for this reason that men began to assign as its direct ancestor ..... article 21 i do not think so. when the arrested person makes such an application, he seeks to enforce a statutory obligation imposed on the police officer and a statutory right created in his favour by section 57 and that would not be barred, because what is suspended by a presidential ..... examining the question as to whether the citizen is, in substance, seeking to enforce any of the specified fundamental rights'. vide makhan singh v. state of punjab : 1964crilj217 . therefore, there can be no doubt that in view of the presidential order which mentions article 21, the detenus would have no locus ..... . so let us examine the consequences of the acceptance of the above argument. this would mean that if any official, even a head constable of police, capriciously or maliciously, arrests a person and detains him indefinitely without any authority of law, the aggrieved person would not be able to seek any .....Tag this Judgment!