AI Overview...
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Clandestine Dealing in Food Grains - The Licensing Order, 1991, requires certain documents as safeguards against clandestine dealing in food grains. Although not mandatory to carry these documents during transportation, their purpose is to prevent clandestine activities related to food grain trade. Satyanarayana Sultania VS State of Chhattisgarh - Supreme Court, Satyanarayana Sultania VS State of Chhattisgarh - Supreme Court
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Legal Standards for Clandestine Dealings - Courts emphasize that in the absence of proof of fraud or clandestine dealing, individuals cannot be held liable. Partners and traders are expected to act in good faith, and allegations of clandestine dealings must be substantiated with evidence. Prem Ballabh Khulbe VS Mathura Datt Bhatt - Supreme Court, BRIJMOHANLAL RATHI VS GITA DEVI RATHI - Calcutta
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Clandestine Dealings in Foreign Exchange and Smuggling - The law aims to prevent clandestine dealings such as foreign exchange smuggling and illegal procurement of explosive substances. Evidence of secret dealings is necessary to establish guilt, and in some cases, the absence of such evidence leads to acquittal. NANJIAH CHANDAPPA VS STATE OF W. B - Calcutta, Sanjay Choudhury VS The State - Calcutta
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Clandestine Business Activities - Challenges to orders or actions often involve asserting that operations were not clandestine or secret. Courts assess the nature of premises and transactions, considering whether activities were genuinely clandestine or transparent. CHURIARAM AGGARWAL VS AGGARWAL SWEET CORNER - Delhi
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Definitions of 'Transact' and 'Dealings' - The term 'transact' includes carrying out negotiations and business dealings, whether overt or clandestine. 'Clandestine dealing' encompasses secret or undisclosed transactions, which must be recorded and proven to establish illegality. COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, COCHIN VS KESAVA REDDIAR - Kerala
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Overall Conclusion - Across various contexts, clandestine dealing involves secret or undisclosed transactions that often require proof of fraud or illegality. Legal provisions and court judgments focus on transparency, good faith, and evidence to distinguish lawful activities from clandestine or illegal dealings. Prem Ballabh Khulbe VS Mathura Datt Bhatt - Supreme Court, BRIJMOHANLAL RATHI VS GITA DEVI RATHI - Calcutta, COLLECTOR OF CUSTOMS AND CENTRAL EXCISE, COCHIN VS KESAVA REDDIAR - Kerala
Search Results for "Clandestine Dealing"
2010 0 Supreme(SC) 100 • India - Supreme Court
CYRIAC JOSEPH, ALTAMAS KABIR
dealing in the food grains covered by the Licensing Order, 1991. ... contemplate any documents to be carried for any food grains to be transported, the documents concerned are safeguards against clandestine ... Although, the aforesaid clause does not stipulate that the documents indicated therein are to be carried along with the consignment being transported, the documents concerned are safeguards against clandestine dealing in the food grains covered by the Licensing Order, 1991. ... It was submitted it was precisely ....
1966 0 Supreme(SC) 335 • India - Supreme Court
J.M.SHELAT, K.N.WANCHOO, R.S.BACHAWAT
Ratio Decidendi: The court found that in the absence of fraud or clandestine dealing, the managing partner could not be regarded ... No fraud or clandestine dealing is alleged or proved. On these facts it is not possible to say that the decree was for a sum for which he was bound to account in a fiduciary capacity. The High Court rightly held that the conditions of Cl. ... A partner must observe the utmost good faith in his dealings with the other partners. He is bound to render accounts of the partner....
2010 0 Supreme(SC) 91 • India - Supreme Court
ALTAMAS KABIR, CYRIAC JOSEPH
dealing in the food grains covered by the Licensing Order, 1991. ... contemplate any documents to be carried for any food grains to be transported, the documents concerned are safeguards against clandestine ... Although, the aforesaid clause does not stipulate that the documents indicated therein are to be carried along with the consignment being transported, the documents concerned are safeguards against clandestine dealing in the food grains covered by the Licensing Order, 1991. ... It was submitted it was precisely ....
1988 0 Supreme(Cal) 306 • India - Calcutta
A.K.SENGUPTA
( 4 ) THE petitioners preferred an appeal before the Administrator, Gold Control against the order dated August 19, 1976 of the Collector and the Gold Control Administrator by an order dated November 21, 1977 held that there was no evidence to show that the petitioners were dealing
1989 0 Supreme(Cal) 308 • India - Calcutta
A.K.SENGUPTA
Finding of the Court: The Court found that the petitioner was not involved in any clandestine dealing in foreign exchange ... It is to prevent the smugglers from resorting to clandestine dealing in foreign exchange smuggling activities. ... The Secretary, Ministry of Finance, Government of India or the appropriate authority dealing with COFEPOSA matter, shall consider afresh on the basis of the report or recommendation of the Respondent No. 5 whether the order of detention should be acted upon or shou....
2011 0 Supreme(Cal) 1228 • India - Calcutta
S.K.CHAKRAVARTY
DEALING - EXCESSIVE PROCUREMENT - REVENUE LOSS - ECOLOGICAL IMBALANCE - INCRIMINATING MATERIALS - COGNIZANCE - VALIDITY. ... OF FIR - EXPLOSIVE SUBSTANCES ACT, 1908 - SECTIONS 5 AND 6 - ABETMENT - SEIZURE OF EXPLOSIVE SUBSTANCES - REASONABLE SUSPICION - CLANDESTINE ... Said provision becomes inoperative for such secret dealing of the accused persons. ... Since the persons dealing with such explosive substances have not approached the State for payment of excess revenue and procurement of huge quantities of such materials....
2001 2 Supreme 27 • India - Supreme Court
B.N.AGARWAL, G.B.PATTANAIK
dealing in such case would not arise. ... itself sufficient notice to the public to enable them to participate in the auction/tender/auction-cum-tender and question of any clandestine ... The object of having such provision is transparency in the matter of granting mining lease and restrict any under-hand dealing with ... dealing in such case would not arise. ... The object of having such provision is transparency in the matter of granting mining lease and restrict any under-hand dealing with the minera....
1990 0 Supreme(Del) 121 • India - Delhi
P.K.BAHRI
Challenging the order the petitioner contended that (1) the petitioner was not running a clandestine business from secret premises ... The Magistrate has not kept in view the peculiar facts of the case from which an inference can be drawn that there cannot be any possible clandestine dealing with the sale of sweet meat may be under the trade mark "aggarwal" and the names of so called offenders of such trade mark could be easily ascertained ... It was not a case of any clandestine trade being carried out by the petitioner....
1971 0 Supreme(Ker) 218 • India - Kerala
T.C.RAGHAVAN, P.UNNIKRISHNA KURUP
The word 'transact' means, in the Shorter Oxford English Dictionary, 'to carry through negotiations; to have dealings, do business': a clandestine dealing or business is equally dealing or business. Therefore, the dealer was bound to have entered the receipt of this also in the account. ... The expression 'otherwise received' is sufficiently wide to include gold received by the dealer in whatever manner-even clandestinely and 'transaction', In our opinion, will include a clandestine transaction too.
1990 0 Supreme(Cal) 413 • India - Calcutta
A.K.SENGUPTA, K.M.YUSUF
In this case, as indicated earlier, there is no allegation of any fraud, nor there is any allegation of any fraudulent or clandestine dealing. ... "there the Supreme Court has held that fraud or clandestine dealing must be alleged and proved before it can be held that a partner has acquired property which is held by him in trust for the other partners. ... Bhatt (supra) approved the aforesaid Statement of Halsbury; and held that unless there is fraud or clandestine dealing there is no ....
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