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i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... if those who are dissatisfied with the constitution have only to obtain a 2/3 majority and if they cannot obtain even a two-thirds majority in the parliament elected on adult franchise in their favour, their dissatisfaction with the constitution cannot be deemed to be shared by the general public'. ..... an attempt was made to indicate some of these basic features, as, for example, the provisions in part iii, the federal structure, the republican character of the state, elected parliament and state legislatures on the basis of adult suffrage, control by the judiciary and so on, and it is said that an amendment under art. ..... the assembly was conscious that future parliaments elected on the basis of adult suffrage would be more representative, but they took the view that art. ..... it is said that this constituent assembly is not elected on adult suffrage while the future parliament will be elected on adult suffrage and yet the former has been given the right to pass the constitution by a simple majority while the latter has been denied the same right. ..... should be settled by simple majority by an assembly elected indirectly on a very limited franchise and that it should not be capable of being amended in the same way by a parliament elected - and perhaps for the most part elected directly by adult suffrage', (see b. n. ..... while the constitution was on the anvil, it was envisaged that future parliaments would be elected on the basis of adult suffrage. .....

State of Kerala, Etc. Vs. Varkey Mathew and Others, Etc.

Court : Supreme Court of India

Reported in : 1996IAD(SC)656; AIR1996SC1009; JT1995(9)SC506; 1996(1)SCALE113; (1996)2SCC85; [1995]Supp6SCR642

..... such legal representatives or remaining member or members shall be bound to surrender the same extent of land as if such adult unmarried person or sole surviving member or such family would have been liable to surrender, if such adult unmarried person or sole surviving member or the person who filed such statement, as the case may be, were alive on the date of determination of the extent and other particulars of the land. ..... same in that ownership or possession or both of which is or are to be surrendered by a deceased adult unmarried person or a family, the proceedings shall not abate on the death of that adult unmarried person or, as the case may be, the sole surviving member of that family, where it consists of only one person, or under section 85(a) in the case of any other family but shall be continued against the legal representatives of such adult unmarried person or sole surviving member or the remaining member or members .....

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... stringent punishments should be provided and some minimum punishment should definitely be provided especially to those mature adults who promote such marriages and who perform, conduct, direct or abet any such marriage ..... make it clear that we have not at all dealt with the larger issue of marital rape of adult women since that issue was not raised before us by the petitioner or the intervener.107 ..... . while we are not concerned with the general question of marital rape of an adult woman but only with marital rape of a girl child between 15 and 18 years of age in the context of exception 2 to section 375 of the ipc, it is worth noting the view expressed by the committee on amendments to criminal law ..... . if such is the traumatic impact that rape could and does have on an adult victim, we can only guess what impact it could have on a girl child and yet it is not a criminal offence in the terms of exception 2 to section 375 of the ipc but is an offence under the pocso ..... . for instance, section 9 of the pcma provides that any male adult above 18 years of age marrying a child shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or ..... discrimination is between a consenting girl child, who is almost an adult and non-consenting child bride ..... . under section 9 of the pcma, if a male adult above 18 years of age contracts a child marriage, he can be sentenced to rigorous imprisonment up to 2 years or fine which may extend up to one lakh rupees .....

Vasant Ganpat Padave(d) by Lrs. Vs. Anant Mahadev Sawant (Dead) Thru ...

Court : Supreme Court of India

..... a conspectus of these judgments also leads to the result that the microscopic difference between male and female, adult and non-adult, regard being had to the object sought to be achieved by the 2005 act, is neither real or substantial nor does it have any rational relation to the object of ..... an application of the aforesaid severability principle would make it clear that having struck down the expression adult male in section 2(q) of the 2005 act, the rest of the section is left intact and can be enforced to achieve the object of the legislation without the ..... section 2(q) of the said act defined respondent as meaning any adult male person who is, or has been in a domestic relationship with the aggrieved person and against whom the 58 aggrieved person has ..... we, therefore, strike down the words adult male before the word person in section 2(q), as these words discriminate between persons similarly situate, and far from being in tune with, are contrary to the object sought to be achieved by ..... once we strike down adult male , the proviso has no independent existence, having been rendered ..... judgment, the words adult male person are contrary to the object of affording protection to women who have suffered from domestic violence of ..... regard to the object sought to be achieved by the act, struck down the expression adult male as follows: 39. ..... of the 2005 act, while defining respondent , a proviso is provided only to carve out an exception to a situation of respondent not being an adult male. .....

Satish Chander Ahuja Vs. Sneha Ahuja

Court : Supreme Court of India

..... the expression respondent is defined in section 2 (q) in following words:- (q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act:39. ..... section 2(q) defines the respondent in following words: 2(q) "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this act: provided that an aggrieved wife or female living in a ..... this court held that adult male person restricting the meaning of respondent in section 2(q) to only adult male person is not based on any intelligible differentia having rational nexus with object sought to be achieved. ..... it is to 98 be noticed that the expression any adult male person occurring in section 2(q) came for consideration before this court in hiral p. ..... the words adult male as occurring in section 2(q) has been struck down by this court in hiral p. ..... this court struck down the word adult male . ..... kusum narottamdas harsora and others, (2016) 10 scc165 where this court has struck down the expression adult male . .....

Ajeet Gurjar Vs. The State Of Madhya Pradesh

Court : Supreme Court of India

..... (1) after the receipt of preliminary assessment from the board under section 15, the children's court may decide that - 4 (i) there is a need for trial of the child as an adult as per the provisions of the code of criminal procedure, 1973 (2 of 1974) and pass appropriate orders after trial subject to the provisions of this section and section 21, considering the special needs of ..... the reason is that if the children's court comes to the conclusion that there is no need to try the child as an adult, he will be entitled to be treated differently in the sense that action can be taken against him only in terms of section ..... clause (ii) provides that after examining whether there is a need for a trial of the child as an adult, if the children's court comes to the conclusion that there is no need for the trial of the child as an adult, instead of sending back the matter to the board, the court itself is empowered to conduct an inquiry and pass appropriate orders in accordance with provisions of ..... 's court to decide whether there is a need for trial of the child as an adult as per the provisions of the code of criminal procedure, 1973. ..... the trial of a child as an adult and his trial as a juvenile by the juvenile ..... the child needs to be tried as an adult as per the provisions of cr.p.c. ..... under sub-section (3) of section 18 has attained finality completely ignores that the order under sub- section (3) of section 18 is not a final adjudication on the question of trying the child as an adult. .....

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... therefore, agree with the learned chief justice who has underlined that the positive postulate of various rights, leads to the conclusion that all persons (including two consenting adult queer persons) have an entitlement to enter into a union, or an abiding cohabitational relationship which the state is under an obligation to recognize, to give real meaning ..... petitioners have sought directions to the union government, the state governments, and district and police authorities to adopt and follow a protocol in cases which concern adult, consenting lgbtq persons who require protection from their families, regardless of whether such persons are married; d. ..... dipak misra, c.j.observed that the ability of an individual to make choices is an inextricable part of dignity and that when two adults choose to marry out of their own volition [ ]. ..... non-recognition of marriage between two consenting adults on the basis of gender identity or sexual orientation under the sma violates articles ..... of the criminal law machinery by the families, often in collusion with local police, makes it imperative for this court to frame guidelines concerning the police action in dealing with cases of adult and consenting queer and transgender persons37. d. ..... to all state governments to instruct police officers to compulsorily follow the mandate of sections 41 and 41-a of the code of criminal procedure 197346 when responding to complaints involving queer and transgender adults who voluntarily leave natal homes; f. .....

Arvind Kumar Vs. State of U.P. and Ors.

Court : Supreme Court of India

..... than five members, 7.30 hectares of irrigated land (including land held by other members of his family), besides, each of the members exceeding five and for each of his adult sons who are not themselves tenure-holders or who hold less than two hectares of irrigated land, two additional hectares of irrigated land or such additional land which together with the land held by such ..... land (including land held by other members of his family), plus two additional hectares of irrigated land or such additional land which together with the land held by him aggregates to two hectares, for each of his adult sons, who are either not themselves tenure- holders or who hold less than two hectares or irrigated land, subject to a maximum of six hectares of such additional land; b) in the case of a tenure-holder having family of more ..... explanation any transfer or partition of land which is liable to be ignored under sub-sections (6) and (7) shall be ignored also- (p) for purposes of determining whether an adult son of a tenure-holder is himself a tenure-holder within the meaning of clause (a); (q) for purposes of service of notice under section 9. ..... explanation the expression adult son in clause (a) and (b) includes an adult son who is dead and had left surviving behind him minor sons or minor daughters (other than married daughters) who are not themselves tenure-holders or who hold land less than two hectares of .....

Niaz Mohammad and Others, Etc. Etc. Vs. State of Haryana and Others

Court : Supreme Court of India

Reported in : AIR1995SC308; JT1994(6)SC260; 1994(4)SCALE292; (1994)6SCC332; [1994]Supp3SCR720; 1995(1)LC124(SC)

..... it appears to be an admitted position that by virtue of the judgment aforesaid directing that the instructors under the adult and non-formal education scheme of the education department of the state of haryana, be treated at part with squad teachers under the social education scheme of the education department of the same state for purpose of ..... be disputed that when the aforesaid direction was given, this court was not conscious that the direction had created a liability for payment of about 28 crores of rupees, as arrears to the instructors in the adult and non-formal education scheme under the education department in the state of haryana. ..... the object of the said scheme was to impart literacy (functional and awareness) to the adult illiterates in age group of 15-35 years and to provide literacy to the children in the age group of 5-15 years, who were drop-outs from the primary and middle school level or who had never joined ..... have been arranged and paid to the different instructors under the adult and non-formal education scheme, which was a temporary scheme. ..... the petitioners were working as instructors under the adult and non-formal education scheme, under the education ..... petitioners were appointed on the recommendation of a selection committee appointed by the adult education department. ..... time there was another scheme known as state social education scheme in the state of haryana, for imparting education to the illiterates, in the villages known as state adult education programme. .....

Gopal Singh Vs. State of U.P. and ors

Court : Supreme Court of India

Reported in : AIR1988SC1194; JT1988(2)SC90; 1988(1)SCALE706; (1988)2SCC532; [1988]3SCR540; 1988(2)LC36(SC)

..... ) and does not, therefore, survive for consideration this court while observing that though 'the anti-female kink is patent in that the very definition of family discloses prejudice against the weaker sex by excluding adult daughter without providing for any addition to the ceiling on their account, 'has nevertheless held that the provisions do not discriminate between man and woman qua man and woman but merely organise a scheme ..... that provision shows a concession to a tenure-holder who has property less adult sons by allowing him to keep two more hectares per such son. ..... the relevant portion of the judgment reads as under:section 5(3) does not confer any property on an adult son nor withdraw any property from an adult daughter. ..... the court may sympathise but cannot dictate that the land holder may keep more land because he has adult unmarried daughter. ..... may be, the legislature could have allowed the tenure holder to keep another two hectares of his on the basis of the existence of an unmarried adult daughter. .....