Court : Kerala
Reported in : 2002CriLJ4374
..... , liberty of a citizen must be zealously safeguarded by the courts, nonetheless the courts while dispensing justice in cases like the one under the tada act should keep in mind not only the liberty of the accused, but also the interest of the victim and their dear and near, and above all the collective interest of the community and the safety of the nation so thatthe public may not loose faith in the system of judicial administration and indulge in private retribution'.the court repelled the contention that stringent provisions like ..... chopra, air 1999 sc 625, at para 28, the supreme court observed,'in cases involving violation of human rights, the courts must for ever remain alive to the international instruments and conventions and apply the same to a given case, when there is no inconsistency between the international norms and the domestic law occupying the field. ..... 324, rendered under the provisions of the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, to contend that by reason of section 18 of the said act, the application of provisions of section 438 cr.p.c. ..... . the provisions of the essential services maintenance act, 1981 (act no ..... united states, 409 us 322, 336). .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP250; 2004(2)ALD451; 2004(2)ALT546
..... ]2scr224 , the supreme court while considering the constitutional validity of the provisions of maharashtra restoration of lands to scheduled tribes act, 1974, a law relating to transfers and alienations of agricultural lands by members of scheduled tribes in the state to persons not belonging to scheduled tribes and restoration of possession thereto to the scheduled castes and scheduled tribes, observed:'the present legislation is a typical illustration of the concept of distributive justice, as modern jurisprudence knows it.......our constitution permits and even directs the state to ..... this convention will not necessarily be the same in all countries at the same time, because their social systems may be different; therefore the relations between its ..... . the masses have suffered socio-economic injustice too long and been separated by the, poverty curtain too strong that if peaceful transformation of the nation into an egalitarian society were not achieved, chaos, upsurge may destroy the peaceful progress and orderly development of ..... the supreme court of united, states (271 us 583), the learned judge observed:'....though the state may have privileges within its control which it may withhold, it cannot use a grant of those privileges to secure a valid consent to acts which, if imposed upon ..... 1981]1scr206 , highlighted the significance of the perception that parts iii and iv together constitute the core commitment to social revolution and they, together, are the conscience of the .....
Tag this Judgment!Court : Kerala
Reported in : (2002)176CTR(Ker)268; [2002]258ITR679(Ker)
..... (iii) secretarial auditing; or (iv) verification of declarations in prescribed forms of compliances for obtaining a certificate of commencement of business or commencement of other business under section 149 of the companies act, 1956 (1 of 1956); or (v) signing of the annual return of listed companies under section 161 of the companies act, 1956(1 of 1956);or (vi) certification that requirements of schedule xiii to the companies act, 1956 (1 of 1956) have been complied with as regards statutory guidelines for appointment of managerial personnel and payment of managerial remuneration to them without ..... (1981) 2 scc 318, the learned counsel for the petitioners contends that, if the courts put too broad an interpretation on the residuary powers of the parliament, so as to retrench upon and whittle away the legislative powers of the state, it would be eroding the federal structure of the constitution ..... the purpose of service tax is to broaden the tax base, augment revenue and enhance participation of citizens in the economic development of the nation ..... the court must always remember that 'legislation is directedto practical problems, that the economic mechanism is highly sensitive and complex, that many problems are singular and contingent, that laws are not abstract propositions and do not relate to abstract units and are not to be measured by abstract symmetry'; 'that extract wisdom and nice adoption of remedy are not always possible' and that 'judgment is largely a prophecy based on .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2005(2)Raj1385; 2005(4)WLC163
..... 919 relying on the universal declaration of human rights and the article 33 of the united nations convention on the status of refugees, held that the protection of human life and liberty is available to refugees, if his activities are not prejudicial to the law and order or security of the country. ..... thus, the argument that the victim is a foreign national and, therefore, no relief can be granted to her under the public law, is not available for two reasons:firstly; on the ground of domestic jurisprudence based on constitutional provisions; andsecondly; on the ground of human rights jurisprudence based on the universal declaration of human rights, 19481 which has the international recognition as the 'moral code of conduct' having been adopted by the general assembly of the united nations.35. ..... may make known the identity of the victim if such printing or publication is -- a) by or under the order in writing of the officer in charge of the police station or the police officer making the investigation into such offence acting in good faith for the purposes of such investigation: orb) by, or with the authorization in writing of the victim; orc) where the victim is dead or minor or of unsound mind, by or with the authorization in writing of, the next of kin of the victimprovided that no such authorization shall be given by the next of kin to anybody other than the chairman or the secretary, by whatever name ..... the administrator, union territory of delhi, air 1981 sc 746. 28. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991CriLJ613
..... 'the power given the union to alter state boundaries, the universal and single indian citizenship, the concurrent legislative powers for the union and the states with overriding powers to the centre, the vesting of residuary powers of legislation in the union, the common pools of taxation, the power to the centre to give directions to the states and finally the powers vested in the centre in emergencies to divest state units of all or most of their functions, are all devices to erect a strong centre which could keep the country united and control the numerous ..... the reality that welfare of the whole ensures the welfare of the part was realised by the international commissioner of jurists when it declared at its new delhi convention (159) that the rule of law concept also concerns 'with the claim of every individual on the state to have access to the minimum material means whereby he may atleast be in a position to take advantage of his spiritual and political rights,' an anathema to the pre constitution legalism. ..... the english contempt of courts act, 1981 adopts the common law rule of 'strict liability ..... the salaries of the high court judges are specified in the second schedule to the ..... , 'between the union and the states is that only those powers and authorities which are concerned with the regulation of local problems are vested in the states, and the residue specially those which tend to maintain the economic, industrial and commercial unity of the nation are left with the union. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR2004All144
..... the units including the petitioner as well as the government of india have always understood and acted upon the terms and conditions of the rps to the effect that the rp could be reviewed for the past period, and there is no bar of limitation. ..... merely because the respondents have continued to notify the retention prices even after 30-6-1997 on the basis of the norms for the 6th pricing period it does not mean that the petitioner or the other units have any right to claim for continuation of the benefits of the 6th pricing parameters after 30-6-1997. ..... this writ petition has been filed for a writ of certiorari for quashing the pricing policy parameters for the viith and viiith pricing periods issued by the respondent and communicated to the petitioners by letter dated 4-6-2002 vide annexure 1 to the petition as well as the impugned fixation of the retention price by communication dated 19-8-2002 vide annexure 2 to the petition particularly in respect of the parameters/norms mentioned in para 32 of the petition as null and void. ..... denial of the right to experiment may be fraught with serious consequences to the nation. ..... , air 1981 sc 1368; dr. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(5)SC72; 2004(6)SCALE75; (2004)12SCC673
..... it was noted that the parties had acted on the agreement and that despite the fact that punjab sought to reopen the agreement dated 31st december, 1981 in so far as it related to the quantum of water to be shared between the two states under paragraph 9.1 and 9.2 of the punjab settlement, the construction of the syl canal under paragraph 9.3 canal remained undisputed. ..... memorandum of settlement dated 24.07.1985, which is incorrect as the said settlement is not a valid or binding agreement;ii) the enactment of section 14 is beyond the competence of parliament since on the face of it, it is against the constitutional scheme as set out in the constitution under article 262 read with entry 56 of 7th schedule, list i.iii) the special enactment has the effect of making a general legislation specific to ravi- beas waters ..... if the power of a state to issue such an ordinance is upheld it will lead to the breakdown of the constitutional mechanism and affect the unity and integrity of the nation'.94. ..... 'the injunction, whether right or wrong, is not subject to impeachment in its application to the conditions that existed at its making per cardozo, j, united states v ..... several decisions both indian and of the united states have been cited in support of this proposition ..... nevertheless the court cannot be required to disregard significant changes in law or facts if it is 'satisfied that what it has been doing has been turned through changing circumstances into an instrument of wrong' united states v .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC593; (1998)1UPLBEC587
..... in a routine manner with an avowed object of gaining time, may be heard and decided on the second or third day or latest within a week as there is no problem of service on the other side because a lawyer who has appeared in the lower court for the party sought to be served, cannot refuse to take the notice as contemplated under the provisions of rule 5 and in view of the provisions of sub-rule (2) of rule 4 of order iii of the code of civil procedure according to which 'proceedings in suit' would include proceedings in appeal ..... the nation honours judicial officers through the convention of calling them learned--learned munsif, learned magistrate, learned judge. ..... under the various reports of the law commissions and the recommendations of other committees, it has been opined that a civil case which would include a civil suit, as well as the cases under a special act should be treated 'old' if a period of one year elapses since the date of its registration till the pronouncement of the final judgment in the case. ..... the training schedule should include the courses to find out the ways and means to meet and encounter the court room problems--a reality to which now no one can afford to shut his eyes. ..... (a) dated 18th february, 1981 : '(1) the district judge should keep a close watch on the diaries of the munsifs directing them not to give adjournments for more than a week after the case is ripe for hearing. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1998AP35; 1997(6)ALT209
..... united kingdom, 1976 ehrr 737, the european court while dealing with article 10 of the european convention of human rights about freedom of expression it held as follows : 'the court's supervisory functions oblige it to pay the utmost attention to the principleschracterising a 'democratic society'. ..... union of india, : [1962]3scr842 , the supreme court of india while dealing with the petitions questioning the constitutionality of the newspaper (price and page) act, 1956, and the daily newspaper (price and page) order, 1960, observed as follows : 'the right of freedom of speech and expression carries with it the right to publish and circulate one's ideas, opinions and views with complete freedom and by resorting to any available means of publication, subject to such restrictions as could be legitimately imposed under clause ..... article 19 of the constitution is one of the jewels in our constitution which conveys to the nation that a citizen of the country has certain fundamental rights which he can exercise them freely subject to the reasonable restrictions which are imposed for compelling reasons. 16. ..... biswanath tea company, air 1981 sc 337 (388) (sic), held that possession and enjoyment of such rights are subject to reasonable restrictions and conditions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1834; (2004)2GLR1027; JT2004(2)SC210; 2004(1)SCALE584; (2004)2SCC392; 2004(1)LC689(SC)
..... this act was passed as a measure to implement the decisions taken at the united nations conference on the human environment held in stockholm in june, 1972 to which india was a party. ..... state government conveyed its permission under section 29 of the wpa to the appellant's proposal of right of way through the national park and sanctuary subject to the appellant's compliance with various terms and conditions including (a) the conditions as suggested by the conservator of forests in his letter dated 18th september, 1997; (b) the measures suggested by nio; (c) the measures suggested by the principal chief conservator of forests; (d) any further measures that may be imposed during the construction/operation of the project; (e) the same conditions and environmental safeguards which ..... .64. on 11th july, 2001, corals were included in schedule i of the wpa, because of the possible impact on the provisions of the crz notifications under the epa as well as on the fca the state government sought a clarification from the central government whether fresh permission was required under the ..... rule 4 of the forest (conservation) rules, 1981 provides for the procedure required to be followed by the state government or other authority for seeking the prior approval. .....
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