Court : Supreme Court of India
..... any other authority, no tax assessed or purported to have been assessed by a municipality on the basis of capital value of a building or land and imposed, collected or recovered by the municipality at any time before the commencement of the validation act shall be deemed to have been invalidly assessed, imposed, collected or recovered and the imposition, collection or recovery of the tax so assessed shall be valid and shall be deemed to have been always valid and shall not be called ..... inter alia, the contention on behalf of the appellant before this court was that the treaty entered into between the british government and the tonk state on 28.01.1869, although declared by section 7 of the 1947 act, to have lapsed as from 15.08.1947 was continued in force by the standstill agreement entered into on 08.08.1947; that that treaty exclusively governed all matters relating to extradition between the two states, and that, inasmuch ..... authority or jurisdiction exercisable by his majesty at that date in or in relation to indian states by treaty, grant, usage, sufferance or otherwise; and (c) there lapse also any treaties or agreements in force at the date of the passing of this act between his majesty and any persons having authority in the tribal areas, any obligations of his majesty existing at that date to any such persons or with respect to the tribal areas, and all powers, rights ..... state of ..... v. state of bombay; [( ..... state of ..... . state of uttar pradesh; [(1955) 1 scr415 .....
Tag this Judgment!Court : Supreme Court of India
..... at the hearing before the constitution bench, professor ravi varma kumar, the learned advocate general for the state of karnataka, submitted that the state reorganization commission, 1955 in paragraphs 773 to 777 of its report has referred to the resolution adopted at the provincial education ministers conference held in august, 1949 that the medium of instruction and examination in the junior basic stage must be the ..... from the aforesaid resolution adopted at the provincial education ministers conference held in august, 1949, and from the recommendations of the state reorganization commission, 1955, it is clear that while recommending language as the basis for reorganization of the states in india, the commission wanted to ensure that the children of the linguistic minority which had a language different from the language of the ..... according to mill, therefore, each individual must in certain matters be left alone to frame the plan of his life to suit his own character and to do as he likes without any impediment and even if he decides to act foolishly in such matters, society or on its behalf the state should not interfere with the choice of the individual. ..... state of maharashtra & ors. ..... after the recommendations of the state reorganization commission, 1955, article 350a was inserted in the constitution by the constitution (viith amendment) act. ..... bombay education society & ors. ..... he cited state of bombay v. .....
Tag this Judgment!Court : Supreme Court of India
..... of maritime navigation and fixed platforms on continental shelf act, 2002, section 23 of the maharashtra control of organised crime act, 1999, section 45 of the unlawful activities (prevention) act, 1967, section 20-a of the terrorist and disruptive activities (prevention) act, 1987, section 137 of the customs act, 1962, section 11 of the central sales tax act, 1956, section 7 of the explosive substances act, 1908, section 20 of the prevention of food adulteration act, 1954, section 23 of lokpal and lokayuktas act, 2013, section 11 of cotton ginning and pressing ..... state of maharashtra [(1998) 2 scc1, again a decision of a three-judge bench, setting aside the decision of the high court which upheld the provisions of sections 5(10)(b), 11(1) and 12(3) of the bombay rents, hotel and lodging house rates control act, 1947 pertaining to standard rent in petitions where the constitutional validity of those provisions was challenged on the ground of the same being arbitrary, unreasonable and consequently ultra vires article 14 of the constitution, has come to the ..... state of bihar [(1955) 1 scr1045 [70]. c.i. ..... bhari; [(1955) 2 scr925 [39]. .....
Tag this Judgment!Court : Supreme Court of India
..... transgenders in india is also traced and while doing so, there is mention of upon the draconian legislation enacted during the british rule, known as criminal tribes act, 1871 which treated, per se, the entire community of hizra persons as innately criminals , addicted to the systematic commission of non-bailable offences .82 ..... of the ipc found a place in the indian penal code, 1860, prior to the enactment of criminal tribles act that criminalized all penile- non-vaginal sexual acts between persons, including anal sex and oral sex, at a time when transgender persons were also typically associated with the ..... some relevance and the same are extracted hereinbelow:- 5a discrimination on the ground of sexual orientation (1) for the purposes of this act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person s sexual orientation if, by reason of: (a) the aggrieved person s sexual orientation; or (b) a characteristic that appertains ..... , he was acquitted on appeal, this case would demonstrate that section 377, though associated with specific sexual acts, highlighted certain identities, including hijras and was used as an instrument of harassment and physical abuse against hijras ..... jogappas are those persons who are dedicated to and serve as a servant of goddess renukha devi (yellamma) whose temples are present in maharashtra and karnataka ..... ..... was first introduced by nelson goodman in fact, fiction and forecast (1955) .....
Tag this Judgment!Court : Supreme Court of India
..... the victims association was unable to satisfactorily demonstrate any failure of justice not only because there was no evidence strongly suggestive of the accused persons having had the knowledge that their acts of omission and commission were likely to cause death but also because failure of justice cannot be viewed in isolation and independent of the prejudice that the accused persons may suffer on ..... of the high court; (4) that the court would interfere where the high court has arrived at a finding offactin disregard of a judicial process, principles of natural justice or a fair hearing or has acted in violation of a mandatory provision of law or procedure resulting in serious prejudice or injustice to the accused; (5) this court might also interfere where on the provedfactswrong inferences of law have been drawn ..... l.j.423 (sc) this court was dealing with a case where the regulations framed by the commissioner of police, under the bombay police act, required the driver of car to look ahead and see whether there was any pedestrian in the crossing and if there ..... state of maharashtra air1968sc829has once again approved the view taken in omkar rampratap s case (supra) that the act of the accused must be proved to be the causa causans and not simply a causa sine qua non for the death of the victim ..... state of hyderabad 1955 crilj1644 this court observed that while it is incumbent on the court to see that no guilty person escapes, it is still more its duty to see that justice .....
Tag this Judgment!Court : Supreme Court of India
..... provided for the| | | |constitution of a tribunal consisting | | | |of a person who is/or has been a judge| | | |of the high court or supreme court in | | | |place of each such board and the | | | |abolition of such boards upon the | | | |constitution of such tribunals and for| | | |the continuance of the interim wages | | | |notified by the government after | | | |taking into account the | | | |recommendations of such boards. ..... under article 32 of the constitution of india, have been filed by the petitioners (management of various newspapers) praying for a declaration that the working journalists and other newspaper employees (conditions of service) and miscellaneous provisions act, 1955 (in short the act ) is ultra vires as it infringes the fundamental rights guaranteed under articles 14, 19(1)(a) and 19(1)(g) of the constitution of india. ..... state of maharashtra (1969) 2 scr779 that is, making their recommendations on the basis of wholly extraneous considerations or personal or pecuniary benefit.38) on perusal of the materials available, we are satisfied that the wage boards have functioned in a fully ..... 1978,| | | |writ petitions were filed by the | | | |indian and eastern newspaper society | | | |and others in the high court at bombay| | | |challenging the constitution of the | | | |wage boards. ..... rai majithia, retired judge |chairman | | |of the high court of bombay at mumbai | | |2. ..... gurbax rai majithia, retired judge |chairman | | |of the high court of bombay at mumbai | | |2. .....
Tag this Judgment!Court : Supreme Court of India
..... book 'constitutional law of india' and also the meaning that has been given in the australian federal constitutional law by coin howard, it is clear and apparent that where any term has been used in the act which per se seems to be without jurisdiction but can be read down in order to make it constitutionally valid by separating and excluding the part which is invalid or by interpreting the word in such a fashion in order ..... pleadings and grounds taken before the high court, we are not in a position to agree with the learned counsel appearing on behalf of the appellants that only because section 13 of the repealed act is inconsistent with section 14 of the 2003 act, the same would be arbitrary by reason of being discriminatory in nature and ultra vires article 14 of the constitution of india on the premise that charging section provides for levy of tax on sale ..... (1980) 3 scc526 maharashtra university of health science ..... 354 of the report: the issue of abolition or retention has to be decided on a balancing of the ..... argument for abolition or retention ..... bombay education society [1955 ..... similarly, even if abolition in some parts of india may not make a material difference, it may be fraught ..... the vastness of its area, to the diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, india cannot risk the experiment of abolition of capital punishment. ..... the validity of, or the strength behind, many of the arguments for abolition. .....
Tag this Judgment!Court : Supreme Court of India
..... the amending act 26 of 1955 amended section 367(5) of the old code resulting in vesting of discretion with the court to inflict the sentence of life imprisonment or death each according to the circumstances and exigencies of the case ..... there never can be a valid reason to visit an offender with the death penalty, no matter how cruel, gruesome or shocking the crime may be while rejecting the demand of the protagonist of the reformatory theory for the abolition of the death penalty the legislature in its wisdom thought that the special reasons clause should be a sufficient safeguard against arbitrary imposition of the extreme penalty. ..... state of maharashtra, (2013) 2 scc 47.has discussed the aforesaid principles and observed as follows: 21 it is not only the crime and its various facets which are the foundation for formation of special reasons as contemplated under section 354(3) ..... state of maharashtra, (2000) 8 scc 45.there was a preplanned, calculated, cold- blooded murder of five women, including one pregnant woman and two children aged 1 years and 2 years, all inmates of a house, in order to wipe out all evidence of ..... state of maharashtra, (2011) 7 scc 12.this court held that where an accused was found guilty of committing murder of four children and a woman with whom he was living with as husband and wife, the death penalty was ..... state of maharashtra, (2010) 1 scc 77.was a case in which three convicts had killed two persons and grievously injured two others, leaving them for .....
Tag this Judgment!Court : Supreme Court of India
..... are trafficked or compelled to dance against their will and that the significant number of dancers are minot or under the age of 18 years; that the majority of dancers are from states outside maharashtra which confirms the allegation of inter-state trafficking; that dancing in bars is a gateway to prostitution; that bar dancing is associated with crime and breeds criminality; that the conditions of dance bars ..... and reasons clause appended to bill not lx of 2005 as introduced in the maharashtra legislative assembly on 14th june, 2005 reads as under: (1) the commissioner of police, district magistrates or other officers, being licensing authorities under the rules framed in exercise of the powers of sub-section (1) of section 33 of the bombay police act, 1951 have granted licences for holding dance performance in the area under their respective ..... rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner ..... whether the abolition of stand was conducive to public convenience or not is a matter entirely for the transport authority to judge, and it is not open to the court to substitute its own opinion for the opinion .....
Tag this Judgment!Court : Supreme Court of India
..... involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302, read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanly opt for life, even like where a just cause or real suspicion of wifely infidelity pushed the criminal into the crime. ..... judgments in bachan singhs case and machhi singhs case, jurists and human rights activists have persisted with their demand for the abolition of death penalty and several attempts have been made to persuade the central government to take concrete steps in this regard. ..... raj (2003) 7 scc 121, this court was called upon to consider whether in a case involving conviction under section 7 read with section 13(1)(d) of the prevention of corruption act, 1988, the high court could commute the sentence of imprisonment on deposit of a specified amount by the convict and direct the state government to pass appropriate order under section ..... state of maharashtra (supra), a two-judge bench ..... state of maharashtra (1991) 4 ..... state of maharashtra (1985) 1 scc 275 and argued that 8 years delay in the disposal of mercy petition should be treated as sufficient for commutation of death sentence ..... petition has been filed by the wife of the petitioner and the third has been filed by justice on trial trust, a non-government organization registered under the bombay public trusts act, 1950. .....
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