Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... offered to them in the course....1067. as stated elsewhere the. provision for appointment of additional judges was included in the constitution by the constitution (seventh amendment) act, 1956. from that time onwards nearly 500 persons have been appointed as judges of high courts. about one-fifth of them were initially appointed as ..... is not unduly delayed, while the power to appoint additional judges under article 224(1) (a provision substituted in its present form by the constitution seventh amendment act, 1956) and the exercise thereof are only dependent upon the fulfilment of either of the two conditions mentioned therein, namely, (a) temporary increase in the ..... to further nuclear disarmament, participated in a demonstration at an airfield with the object of grounding all aircraft. they were charged with and convicted of an offence against section 1(i) of the official secrets act 1911 which punishes those who approach prohibited places for a purpose prejudicial to the safety of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC1240; 1981CriLJ751; 1980Supp(1)SCC352
..... upon the commission of the offence the learned judge came to the conclusion that this was a fit case in which the benefit of the provisions of probation of offenders act should be given to the accused with the condition that accused bhupendra singh should pay rs. 250/- to injured p.w. 4 subhash sharma and rs. 200/- to injured p .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... the section, the appropriate government may commute a sentence of death, for any other punishment provided by the indian penal code.160. with effect from december 18, 1978, the crpc (amendment) act, 1978, inserted new section 433a, which runs as under :433a. restriction on powers of remission or commutation in certain cases-notwithstanding anything contained in section 432, where a sentence of ..... minor (article 117); taking a bribe, with especially aggravating circumstances (article 173); infringing the life of a policeman or people's guard, with aggravating circumstances (article 191(2)); hijacking an aircraft, if the offence results in death or serious physical injuries (article 213(2)); resisting a superior or compelling him to violate official duties, an offence applicable only to military personnel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1201; (1980)82BOMLR421; (1980)3SCC162; [1980]3SCR224
..... the compromise decree there was a fresh agreement of lease between the landlords and himself. this was denied by the landlords. another objection was that the provisions of the amending act 22 of 1972 were not extensive enough to save the decree dated july 12, 1967. the third objection was that in any case the decision in miscellaneous application no. ..... of the tenant and hence this appeal by special leave.3. the first question for our consideration is whether the compromise decree dated july 12, 1967 is saved by amending act 22 of 19724. before the decision of this court in indu bhusan base v. rama sundari devi and anr. (supra), there was a conflict of views on the ..... and to save decrees already passed under the enactment deemed to have been in force in the cantonment before such extension.5. by section 2 of the amending act of 1972 the principal act of 1957 was itself deemed to have come into force on january 26, 1950.6. original section 3 was renumbered as sub-section 1 and the words .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC104; 1980LabIC1; (1979)4SCC368; [1980]1SCR456; 1980(12)LC108(SC)
S. Murtaza Fazal Ali, J.1.This petition under Article 32 has been filed against the order of the Governor of Bihar accepting recommendations of the High Court and superseding the petitioner Rameshwar Prasad by promoting other subordinate Judges as Additional District Judge, Mr. Sarjoo Prasad appearing in support of the petitioner mainly raised two points before us. In the first place it was contended that the judicial career of the petitioner was without any blemish and there was nothing against him to justify his supersession when the High Court recommended the case of promotion of the Sub-Judges for appointment as Additional District Judge and hence the order impugned is violative of Article 16 of the Constitution. There is, however, abundant material on the record to show that the case of the petitioner was fully considered by the High Court and he was not considered fit for promotion by the High Court, hence his case was not recommended for promotion as Additional District Judge. I...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... the section, the appropriate government may commute a sentence of death, for any other punishment provided by the indian penal code.160. with effect from december 18, 1978, the crpc (amendment) act, 1978, inserted new section 433a, which runs as under :433a. restriction on powers of remission or commutation in certain cases-notwithstanding anything contained in section 432, where a sentence of ..... minor (article 117); taking a bribe, with especially aggravating circumstances (article 173); infringing the life of a policeman or people's guard, with aggravating circumstances (article 191(2)); hijacking an aircraft, if the offence results in death or serious physical injuries (article 213(2)); resisting a superior or compelling him to violate official duties, an offence applicable only to military personnel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC358; 1979CriLJ147; (1979)2SCC117; [1979]1SCR797
..... of 1977.4. at this stage we may usefully refer to various provisions of the code, the 1947 act, the 1952 act, the kerala act and the criminal law amendment act (central act no. 50 of 1955 and hereinafter called the 1955 act). section 21 of the code defines what is a 'public servant'. in 12 clauses it lists various categories ..... descriptions mentioned in items (i) to (viii) in the explanation relating to 'public servant' in section 161 of the indian penal code as amended by the kerala criminal law amendment act, 1962, save by or with the sanction of the state government;'4. the contentions raised on behalf of the appellants may be summarised thus. ..... sub-section (1) of section 5 of the prevention of corruption act (central act no. 2 of 1947, hereinafter referred under the criminal law amendment act (central act no. 46 of to as the 1947 act) and whether, therefore, a special judge appointed 1952, hereinafter called the 1952 act) has jurisdiction to try him for an offence under that clause.2 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1108; 1977CriLJ947; [1977(34)FLR302]; (1977)ILLJ448SC; (1977)2SCC611; [1977]2SCR991
..... under rule 118 or is illegal under any law for the time being in force. the latter provides that no person shall without lawful authority or excuse do any prejudicial act. by rule 43(5) a person who contravenes any of the provisions of rule 43 is punishable with imprisonment which may extend to 5 years or with fine or with ..... under which an incitement to strike as in the instant case may be punished is rule 36(6)(j) read with rule 43(1)(a). the former defines a 'prejudicial act' to include instigation or incitement for cessation or slowing down of work by a body of persons employed in any place of employment in which 100 persons or more are ..... date when the appellants delivered their speeches a railway strike was imminent and that such a strike was in fact launched on may 8, 1974. section 56 of the evidence act provides that no fact of which the court will take judicial notice need be proved. section 57 enumerates facts of which the court 'shall' take judicial notice and states that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC585; 1977LabIC234; (1977)IILLJ117SC; (1977)1SCC130; 1976(8)LC932(SC)
A.C. Gupta, J.1. The only question that arises for decision in this appeal brought on a certificate of fitness granted by the Punjab and Haryana High Court is, whether respondent Agya Ram, a permanent employee of the Punjab Government, who held a temporary appointment as settlement officer in the Office of the Regional Settlement Officer, Jullundur, under the Ministry of Works, Housing and supply (Department of Rehabilitation), Government of India, was entitled to 15 days notice before he was asked to go back to his parent department. The respondent was employed as Superintendent, Land Claims Organisation of the Rehabilitation Department of the Punjab Government at Jullundur when he was selected for appointment as Assistant Settlement Officer in the Ministry of Rehabilitation, Government of India, in a temporary capacity on the terms and conditions set out in a letter dated January 14, 1955 addressed by an Under Secretary to the Government of India, Ministry of Rehabilitation, to the U...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1430; 1976CriLJ1168; (1976)2SCC795; 1976(8)LC371(SC)
..... appellant did not say anything to ram murti singh (p.w. 6) which could be said to amount to a confession within the meaning of section 24 of the evidence act, and that even if what the appellant said was left out of consideration altogether, that could not effect the correctness of his conviction because the parol evidence on the record ..... head rakshak of the railway protection force. it has been urged that such a confession fell within the purview of section 24 of the evidence act and could not be admissible even under section 27 of that act as it is not an exception to section 24. reference in this connection has been made to ramkishan mithanlal v. state of bombay (1 .....
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