Reported in : AIR1998SC3164; 1998(2)ALD(Cri)691; 1998CriLJ4561; 1998(4)Crimes12(SC); (1999)1GLR141; JT1998(6)SC530; 1998(5)SCALE410; (1998)7SCC392; [1998]Supp2SCR31; 1999(1)LC714(SC)
.....blood in the hope that this process takes them nearer to the day when they can be back in the affectionate atmosphere at home. the most deterrent factor in imprisonment is really the fact of curtailment of personal freedom. it may not be necessary to make it harsh and inhuman in order to render the sentence of imprisonment a deterrent.'18. article 23 of the constitution prohibits 'forced labour' and mandated that any contravention of such prohibition shall be an offence punishable in accordance with law. that article reads thus :'23. prohibition of traffic in human beings and forced labour-(1) traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.(2) nothing in this article shall prevent the state from imposing compulsory service for public purposes, and in imposing such service the state shall not make any discrimination of grounds only of religion, race, caste or class or any of them.'19. articles 23 and 24 are the only two provisions subsumed under the heading 'right against exploitation.' the latter provision prohibits children being employed in.....
Tag this Judgment! Ask ChatGPTReported in : 1998VIIAD(SC)399; AIR1999SC1564; JT1998(7)SC109; 1998(5)SCALE476
ordernanavati, j.1. the only question that arises for consideration in these appeals is whether the appellants were the owners of lands bearing survey nos. 284/1, 286, 291/a, 292/2, 283 and 291/b or whether zipabai was the owner thereof. the commissioner in the revisional proceedings held that the appellants were the owners and not zipabai. therefore, those lands were included in the holdings of the appellants. the high court also on consideration of the record and the material placed before it held that the two gift deeds of 1970 were not valid and the lands continued to be the lands of the original landholder. thus, the commissioner and the high court have held that the said lands really belonged to the appellants and, therefore, they were rightly included in the holdings of the appellants for the purpose of determining surplus land held by them. these were questions of fact and the commissioner and the high court have rightly decided them. no interference is, therefore, called for by this court. these appeals are dismissed with no order as to costs.
Tag this Judgment! Ask ChatGPTReported in : 1998VIIAD(SC)517; AIR1999SC211; 1998(2)ALD(Cri)804; 1999CriLJ263; 1998(4)Crimes72(SC); JT1998(7)SC187; RLW1999(2)SC196; 1998(5)SCALE599; (1998)7SCC390; 1999(1)LC36(SC)
ordernanavati, j.1. the appellant has been convicted under section 25 of the arms act and section 5 of the terrorist and disruptive activities (prevention) act, by the court of additional district judge, designated court, sangrur. what has been held proved against the appellant is that he was found in possession of one sten-gun bearing no. 13303 and two magazines containing in all 12 live cartridges. the designated court relying upon the evidence of inspector gurmel singh, p.w. 2 and a.s.i. amrik singh, p.w. 3 held that the appellant was found in possession of that sten-gun and 12 live cartridges. the designated court also relied upon the evidence of p.w. 4 ram prakash and held that the said sten-gun was in working condition and that the said cartridges were live. 2. what was contended by the learned counsel for the appellant was that the appellant could not have been tried again for possession of sten-gun and 12 live cartridges as in spcl. session case no. 5/95 when he was tried along with other accused the question of possession of sten-gun was also considered and the prosecution evidence in that behalf was not believed. in our opinion this contention is thoroughly misconceived......
Tag this Judgment! Ask ChatGPTReported in : 1998VIIAD(SC)359; 1997(1)ALD(Cri)97; 1998(2)ALD(Cri)776; 1997(1)ALT(Cri)223; 1999(1)ALT(Cri)12; 1999CriLJ600; 1998(4)Crimes67(SC); JT1998(6)SC600; 1998(5)SCALE444; (1998)7S
ordernanavati, j. 1. the appellant has been convicted under section 25 of the arms act and section 5 of the tada act as he was found in possession of one dbbl gun .12 bore and five live cartridges on 17/18.3.1992. the trial court relying upon the evidence of asi - balbir singh and p.w.4 - man singh - who were the members of the police party held that it was proved by the prosecution that the appellant was in possession of those articles. the trial court further held that as the gun was found loaded, it can be presumed that it was in working order. taking this view, it convicted the appellant, as stated above. 2. admittedly, no evidence was led by the prosecution to prove that the gun was in working condition and that the cartridges which were found from the person of the appellant were live cartridges. neither asi -balbir singh had stated so nor any report from an expert was obtained to establish that the gun was in working condition and that five cartridges were live. what was found in the gun were two empties and not live cartridges and, therefore, it was not proper to presume that it was in working condition. in absence of any evidence to that effect, the conviction of the.....
Tag this Judgment! Ask ChatGPTReported in : AIR1999SC841; 1998(2)ALD(Cri)803; 1999(1)ALT(Cri)10; 1999CriLJ592; JT1998(7)SC176; 1998(5)SCALE500; 1999(1)LC35(SC)
ordernanavati, j.1. the appellant was tried with 7 other accused for the offences punishable under sections 307 an d 452 of the indian penal code by the court of additional sessions judge, ferozepur, in sessions case no. 7/86.2. in order to prove its case, the prosecution had examined p.w. 4 shugan lal and p.w. 5 raja ram. both these witnesses had received injuries during the incident. relying upon their evidence the trial court convicted the appellant under sections 452 and 307 ipc. the evidence of these two witnesses was found to be not free from the doubt as regards involvement of the other accused and therefore they were acquitted.3. aggrieved by his conviction the appellant preferred an appeal before the high court of punjab & haryana. the high court on reappreciation of the evidence agreed with the finding that the occurrence took place in the house of shugan lal and that presence of both when the eye witnesses could not be disputed in the house when the incident had taken place. it held that their evidence was quite reliable as regards the part played by the appellant and the trial court was right in accepting the same. it, therefore, upheld the conviction of the appellant.....
Tag this Judgment! Ask ChatGPTReported in : JT1998(9)SC313; (1999)1SCC170; [2000]119STC6(SC)
.....8a of the karnataka sales tax act, 1957. thereby the tax payable by a dealer under section 5 of the act on television sets and components manufactured in karnataka was reduced to 2 per cent. at that point of time the tax payable by dealers in television sets under the act was 4 per cent. on march 28, 1987, the respondent-state issued another notification whereby the reduced tax payable by dealers in television sets and components manufactured in karnataka was enhanced from 2 to 3 per cent. on the same date the rate of tax payable by dealers in television sets and components was enhanced from 4 to 6 per cent.3. the notifications by which the rate of tax payable by dealers in television sets and components manufactured in karnataka had been reduced were challenged by solidaire india limited, a company manufacturing television sets outside the state of karnataka. on october 8, 1990 reported as solidaire india ltd. v. state of karnataka . the writ petition was allowed and these notifications were quashed.4. in january, 1991, the appellants received notices from the sales tax authorities in the respondent-state calling upon them to show cause why they should not pay sales tax.....
Tag this Judgment! Ask ChatGPTReported in : AIR1999SC2266; (1999)1SCC70
.....in the year 1907. all the forums under the consolidation act considered the document but came to give effect to more particularly because of the fact that in none of the settlements after 1907, beni prasad has been recorded as a co-tenant in respect of those two khatas. the high court erroneously came to the conclusion that the authorities under the consolidation act did not consider the document on the ground that it was not registered. on such mistaken basis the high court interfered with the findings arrived at by the consolidation authorities that the so-called settlement of 1907 had never been given effect to and as such the very basis of the claim of beni prasad in respect of khatas 43 and 76 could not have been entertained. so far as khata 345 is concerned the claim of beni prasad was that in earlier settlement of 1348 fasli his name was there, but thereafter his name stood deleted and since there was no orders to that effect, the high court was of the view that his right cannot be taken away in respect of such khata 345. the authorities under the consolidation act, namely, the original appellate and the revisional authority duly considered the effect of the entries in.....
Tag this Judgment! Ask ChatGPTReported in : AIR1999SC2330; JT1999(9)SC387; (1999)1SCC53
.....3. heard learned counsel for the parties. 4. leave granted. the matter is being disposed of finally in the following manner. 5. the minimal facts are these: there is a stadium known as nehru stadium in the city of chennai owned by the government of tamil nadu but in the care of the sports development authority of tamil nadu. its permissible user is fairly restricted. as far back on november 9, 1982 vide co. ms. no. 2481 total ban has been imposed for conducting in the said stadium activities other than sports and games and this ban is not only applicable to the said stadium but to other stadia in the state as well. the imperative need of keeping the stadium isolated from illegitimate use had further been re-enforced by d.o. lr. no. 7646/72/91, dated february 13, 1997 whereby it has been emphasised that the instructions that sports stadia should not be lent for any other purpose like holding public meetings, cultural programmes, exhibitions etc. should be scrupulously followed. now when the present chief minister, m. karunanidhi is in his 71st year and the third respondent is keen to have his platinum jubilee celebrations, it has approached the state government with the.....
Tag this Judgment! Ask ChatGPTReported in : AIR1999SC2053
.....the learned rent control and eviction officer rightly did not consider it. the revisional court fell in complete error in ignoring this aspect of the case and overlooking the legal position that after there is a deemed vacancy within the meaning of section 12 of the act, the right to nominate the tenant under section 17(1) of the act cannot be exercised after the prescribed period. the high court, therefore, rightly reversed the finding of the revisional court and restored the order passed by the rent control and eviction officer. we do not find any error to have been committed by the high court in the established facts of this case. the appeals, therefore, have no merits, they fail and are dismissed with costs.
Tag this Judgment! Ask ChatGPTReported in : (2000)10SCC534; [2000]117STC355(SC)
orderwe have heard learned counsel. we are of the view that no interference in the facts and circumstances of the case is required. the question of law is left open for decision in an appropriate case. the appeals arc dismissed, with no order as to costs.
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