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R. Chitralekha and anr. Vs. State of Mysore and ors.

Court : Supreme Court of India

Reported in : AIR1964SC1823; (1964)2MysLJ(SC)11; [1964]6SCR368

..... commitments and other relevant considerations, can only admit a specific number of students to the said colleges. they cannot obviously admit all the applicants who have secured the marks prescribed by the university. it has necessarily to screen the applicants on some reasonable basis. the aforesaid orders of the govemment only prescribed criteria ..... media in which instruction should be imparted in institutions of higher education and in other institutions always falls within item ii of list ii has no force item ii of list ii and item 66 of list i must be harmoniously construed. the two entries undoubtedly overlap: but to the extent of ..... was constitutionally incompetent to prescribe qualifications for admission to colleges under the university different from those prescribed by the university and that under the mysore university act the university alone had the power to prescribe rules for admission to colleges affiliated to the university. the high court held against the appellants on all .....

Bhag Mal Vs. Ch. Parbhu Ram and ors.

Court : Supreme Court of India

Reported in : AIR1985SC150; 1984(2)SCALE702; (1985)1SCC61; [1985]1SCR1099; 1985(17)LC537(SC)

..... . the high court rejected the contention urged on behalf of the appellant that the election tribunal cannot record the finding that the alternative candidate (respondent 1) has secured a majority of valid votes unless all the votes cast in the election are scrutinised and counted having regard to the fact the appellant had not filed any recrimination ..... social conditions which gave rise to it and of the mischief which it was passed to remedy, and then he must supplement the written word so as to give 'force and life' to the intention of the legislature. that was clearly laid down by the resolution of the judges... in the heydon's case (1584) 3 cr ..... security referred to in sections 117 and 118 respectively.18. in regard to the second submission the questions posed by mr. shanti bhushan are :(i) whether the court was justified in not counting the votes improperly rejected qua the appellant who is the returned candidate merely because a recrimination application under section 97(1) of the act .....

Maru Ram and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC2147; 1980CriLJ1440; (1981)1SCC107; [1981]1SCR1196

..... . similar other statutes and rules will enjoy similar efficacy.(12) in our view, penal humanitarianism and rehabilitative desideratum warrant liberal paroles, subject to security safeguards, and other humanizing strategies for inmates so that the dignity and worth of the human person are not desecrated by making mass jails anthropoid ..... , this court observed:it is now well-settled, as a stream of rulings of courts proves, that deterrence both specific and general, rehabilitation and institutional security are vital considerations. compassion wherever possible and cruelty only where inevitable, is the art of correctional confinement. when prison policy advances such a valid goal, ..... scale if they are brought to and convicted, deterrent punishment will follow, and(3) to deter criminals who are forced to undergo long-term imprisonment from repeating their criminal acts in future. even from the point of view of reformative form of punishment 'prolonged and indefinite detention is justified not .....

Dhananjay Chatterjee Alias Dhana Vs. State of W.B.

Court : Supreme Court of India

Reported in : 1994(1)ALT(Cri)388; 1994(2)BLJR1231; (1994)1CALLT28(SC); JT1994(1)SC33; 1994(1)SCALE48; (1994)2SCC220; [1994]1SCR37; 1994(2)UJ106(SC)

..... save themselves but abscondence of an accused after the occurrence is certainly a circumstance which warrants consideration and careful scrutiny. the evidence of pw6, the supervisor, and of the security guard pw7 establishes beyond a reasonable doubt that the appellant had left anand apartment at about 6 p.m. and was not seen thereafter. the evidence on the record ..... transfer order, on 29.6.1990 were indicative of the fact that both the documents had come into existence subsequently as an after thought. we do not find any force in this submission. pw 4 who gave a written complaint to pw 21 and pw 9 who delivered the transfer order issued by pw 21 to the appellant were ..... of barbaric rape and murder was committed on a helpless and defenceless school-going girl of 18 years. if the security guards behave in this manner, who will guard the guards? the faith of the society by such a barbaric act of the guard, gets totally shaken and its cry for justice becomes loud and clear. the offence was not .....

Association of Registration Plates Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2005SC469; 2005(1)CTC111; 2005(1)CTLJ14(SC); JT2004(10)SC147; 2004(10)SCALE60; (2005)1SCC679

..... trade under articles 19(1)(g) and discriminatory under article 14 of constitution of india.4. a survey of the relevant provisions of the act and rules continuing the scheme of high security registration plates is necessary for considering the merit of the petitioners' grievances.5. the object of the new scheme is to curb the increasing ..... plate shall be suitable for hot stamping and reflective sheet has to be guaranteed for imperishable nature for minimum five years. the fast colouring of legend and border to be done by hot stamping;(ii) the plate should bear the letters 'ind' in blue colour on the extreme left center of the plate. the ..... their premises would get complicated and confused if multi-manufacturers are involved. that would also seriously impair the high security concept in affixation of new plates on the vehicles. if there is a single manufacturer he can be forced to go and serve rural areas with thin vehicular population and less volume of business. multi-manufacturers might .....

Shyam Singh Hada and ors. Vs. State

Court : Rajasthan

Reported in : 2002CriLJ1437; RLW2003(3)Raj1918; 2002(1)WLC382

..... by the solemnity and sanctity of oath for the simple reason that a person on the verge of death is not likely to make a false statement was secured either by prompting or tutoring. section 32 does not require that the statement sought to be admitted in evidence should have been made in imminent expectation of death ..... 4-5 able-bodied and powerful men in the society bustling with energy and determined to fulfill their sexual lust, she ultimately succumbed and fell victim to the force employed by the accused and thereby her death put the husband busy in performing last ritual at haridwar and giving bereavement of her death to her husband. naturally ..... importance, a suggestion that the deceased might have said something by a mistake cannot be entertained. in these circumstances, the apex court held as under :- '(a) evidence act (1872), section 32 - evidentiary value of statements as to death. it is not safe to convict an accused person merely on the evidence furnished by a dying declaration .....

M. Thangavelu Chetty Vs. Chinnasamy and ors.

Court : Chennai

Reported in : AIR1983Mad21

..... judgment-debtors, while as regards others the decree is kept intact.'thus, even when s. 7 and s. 11 of the 1938 act contemplated the splitting up of a debt and the mortgage security for the purpose of giving relief to an agriculturist, the supreme court has taken the view that so far as the mortgagee decree ..... the tamil nadu agriculturists relief act, 1938, the tamil nadu pawn brokers act, 1943, the tamil nadu moneylenders act, 1957, the tamil nadu debt relief act, 1972, the tamil nadu indebted agriculturists (temporary relief) act, 1976, the tamil nadu indebted persons (temporary relief) act, 1976, or in any other law for the time being in force or in any contract or ..... other mortgagor who is not declared to be a debtor under the provisions of the 1976 act. the learned counsel refers to the proviso to section 4 (b) of the 1976 act as supporting his contention.7. there appears to be considerable force in the submission made by the learned counsel for the petitioner in this regard. it .....

G. Samuel Vs. Cyril Gill and John Stanley Goodwin, Official Liquidator ...

Court : Chennai

Reported in : (1941)1MLJ818

..... this case which would entitle the applicant to claim a set-off under section 229 of the indian companies act, under which in the winding up of an insolvent company the same rules should prevail and be observed as are in force for the time being under the law of insolvency with respect to the estates of persons adjudged insolvent.3 ..... of the debt by mr. samuel and the bank is therefore not entitled to enforce the debt; in any event, it must give credit for the full value of the security. in opposition to this contention, the counsel for the official liquidators relies on the decision of my learned brother gentle, j., reported in manx aiyar v. official liquidator of ..... or set-off really arose. the question that actually arose there was whether the defendant, who was indebted to the bankrupt firm and deposited certain rubber shares with them as security, was not entitled to a return of the said shares in specie on making a payment. it arose in this way. before the firm became bankrupt, the firm .....

Oswal Agro Mills Ltd. Vs. Hindustan Petroleum Corp. Ltd. and ors.

Court : Supreme Court of India

..... and its functionaries as also the officers of the corporation, i.e., use of upper floors of the buildings for housing the members of police force and other security agencies can equally be applied to the case of the appellant and there is no rational reason to discriminate the appellant vis--vis others, who ..... was being carried out by oswal in accordance with the development control regulations (dcr) for greater mumbai, 1991 framed under the maharashtra regional and town planning act, 1906 ( mrtp act for short), and legally the development could not be stopped by the corporation.8. ultimately, when the first respondent learnt that permission had ..... affidavit, principal secretary, home department pointed out that hpcl refinery was category a vital installation and had been declared as prohibited area under the official secrets act. the principal secretary also submitted that construction of high rise building on the plot in question will be a threat to the installation of respondent no. .....

K.K. Maheshwari Vs. Union of India Through the Secretary and Others

Court : Central Administrative Tribunal CAT Principal Bench New Delhi

..... tenure of at least two years irrespective of his date of superannuation. the dgp may, however, be relieved of his responsibilities by the state government acting in consultation with the state security commission consequent upon any action taken against him under the all india services (discipline and appeal) rules or following his conviction in a court of ..... experience in field policing has been limited. he was not assigned any field posting during the period of his dig, ig and adg tenure. arunachal pradesh being a bordering state, requires a well experienced person as dgp but with his limited experience, he may not be able to do justice with assignment. (v) he was promoted ..... policy as it has to be operated as under:- (i) the transfer and postings of chief secretary/administrator and the senior most police officer heading the police force in state/ut may be decided with the approval of home minister in consultation with chief ministers of states concerned. a panel of 3 names can be .....