Court : Supreme Court of India
Reported in : AIR2005SC764; 2005(1)ALD(Cri)543; 2005CriLJ894; [2005(2)JCR122(SC)]; JT2005(11)SC461; (2005)9SCC237
b.p. singh, j.1. the respondent herein was put up for trial before the sessions judge, rangareddy district, hyderabad in session case no. 99/93 charged of the offence under section 302 ipc.2. it is the case of the prosecution that some time between 4.00 p.m. and 7.00 p.m. on 7.11.1992 the respondent killed his wife in the agricultural field belonging to him. it is undisputed that there is no eye witness of the crime and the case rests on circumstantial evidence. the trial court accepted the evidence adduced by the prosecution and convicted the respondent of the offence under section 302 ipc and sentenced him to imprisonment for life, but acquitted him of the charge under section 498a ipc by his judgment and order of 6th february, 1995.the respondent preferred an appeal before the high court of judicature, andhra pradesh at hyderabad being criminal appeal no. 169/95. the high court by its impugned judgment and order allowed his appeal and acquitted him. the order of acquittal passed by the high court has been challenged before us by the state of andhra pradesh.3. the facts of the case in so far as they are relevant for the disposal of this appeal may be succinctly stated. according to the prosecution, the respondent was married to the deceased shankaramma about six months before the occurrence. the relationship between the respondent and his wife was not cordial on account of the fact that the deceased wife was not an educated woman. the case of the prosecution is that the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)12SCC706
..... :(2008) 8 scc 536, this court interpreted section 142 of the act and held that a complaint under section 138 can be filed by the payee through his power of attorney holder. ..... tajuddin under section 138 of the negotiable instruments act, 1881 (for short, 'the act') only on the ground that the complaint was filed by the power of attorney holder of the payee and not the payee himself. ..... the question whether the signing of complaint by the payee himself is sine qua non for taking cognizance of offence under section 138 of the act is no longer res integra. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IXAD(SC)279; 1996(8)SCALE648; (1997)3SCC203; [1996]Supp9SCR313; 1997(1)SLJ167(SC); 1997(1)LC432(SC)
..... the order of the tribunal on the ground that as recruitment to the post of lecturer is by direct selection through public service commission, it was not open to the state government to declare cmos (lecturer grade) as lecturers and thus act in contravention of the relevant recruitment rules. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(5)SCALE12; (2003)8SCC712
..... state pollution control board under the water (prevention and control of pollution) act, 1974, and they shall also abide by any conditions/stipulations as may be imposed by the appropriate authority under the environment (protection) act, 1986, or any other relevant legislations applicable in the circumstance of the case.' 6. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1996(2)SC240; 1996(4)KarLJ666; 1996(1)KLT452(SC); 1996(2)SCALE96; (1996)2SCC570; [1996]1SCR965
..... section 23(1) envisages that in determination of compensation to be awarded for the land acquired under the act, the court shall take into consideration the respective criteria laid in clauses (1) to (6) applicable to the given facts of the ..... of kerala : air1990sc2192 contending that interest on solatium is a part of the component under section 23(l) of the act and that, therefore, they are entitled to payment of the interest. ..... 28 gives power to the court to award interest when the court enhances the compensation in excess of amount awarded by the collector at the rate specified therein, namely, preceding the amendment act 68 of 1984, at 6% per annum under the central act or at the rates as per the appropriate act amended by the local amendments to the act. ..... question is : whether the appellants are entitled to payment of interest on solatium payable under section 23(2) of the land acquisition act(act 1 of 1894) (for short, 'the act'). ..... after the amendment act coming into force ..... provides that 'in addition' to the market value of the land as above provided, the court shall in every case award a sum at 15% preceding the amendment act and after the amendment act, 30% p.a. ..... mistaken view was taken to hold that interest on solatium is part of the component of compensation under section 23(1) of the act. ..... words, section 28 does not comprehend payment of interest on solatium when it expressly mentions payment of interest on compensation under section 28 referable to section 23(1) of the act. .....
Tag this Judgment!Court : Delhi
Reported in : 100(2002)DLT85; 2003(66)DRJ775
..... it was next submitted that having regard to the fact that consolidation of holding of an estate has been carried out under consolidation act, 1948 and the same having become final, the respondents without notifying the emergence of some new grounds could not have issued the impugned ..... the provisions of east punjab holdings (consolidation and prevention of fragmentation) act, 1948, is still in force and in any event has been impliedly repealed by delhi land reforms act, 1954, are some of the questions involved in these writ petitions.2 ..... delhi by notification any enactment which is in force in the state on the said date with such restrictions and modifications as may be necessary pursuant to or in furtherance of the said act, inter alia, the following acts were extended to delhi, namely, punjab tenants (security of tenure) act, 1950, east punjab consolidation of holdings (consolidation and prevention of fragmentation) act, 1948. ..... respondents in their counter affidavit have averred that the notification dated 8.9.1993 under section 14(1) of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 was issued in respect of 12 villages including kanjhawala.4. mr. b.s. ..... for consolidation and assignment or reservation of land for common purposes the east punjab holdings (consolidation and prevention of fragmentation) act, 1948 was enacted. ..... 50 of 1948 (as extended to delhi) (consolidation act) and also for consolidation scheme under sub-section (2) of section 14 .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1961Guj184; (1961)GLR422; (1961)0GLR514
..... employeesand all commercialestablishments,except those in theheading of column 4.shops employing two or less employees except those in the heading of column 4.shops and commercial establishments wherein a 'manufacturing process' as defined in the factories act, 1948,is carried on and shops and commercial establishments employing less than tenemployees in the business of tailoring,hair cutting saloons, and laundries and others rendering similar services.1234skilled.semi skilled.unskilledrs.60.00 for employees of 22 years ..... thequestion arose whether the workshop was a shop as defined in section 2(27) of the bombay shops and establishments act, 1948, and it was held by the supreme court that the workshop in question was not a shop within the meaning ..... concerned with an explanation and which explanation by incorporation brings into the schedule the meaning of expressions 'shop' and 'commercial establishment' as defined in the bombay shops and establishments act, 1948. ..... for the purpose of the entry 16 ot that notification, the expressions 'shop' and 'commercial establishment' must be given the same meaning as assigned to them under the bombay shops and establishments act, 1948. ..... purposes of this entry the expression 'shop' and 'commercial establishment' shall have the same meaning as assigned to them in bombay shops and establishments act, 1948'.4. ..... 1955, a notification, was issued by the state of bombay in accordance with the provisions of section 5(1)(a) of the minimum wages act, 1948. .....
Tag this Judgment!Court : Chennai
Reported in : (1999)IIILLJ278Mad
..... issue for decision in this letters patent appeal is with regard to the coverage of employees' state insurance act, 1948 (act 34 of 1948) (hereinafter referred to as the act). ..... we agree with the decision of the high court that while construing a welfare legislation like the act and the notification issued thereunder a liberal construction should be placed on their provisions so that the purpose of the legislation may be allowed to be achieved rather than frustrated or ..... 1088 dated december 22, 1976 and therefore the madras office is liable to be covered under the act.as against this order the appellant company preferred an appeal to the high court and sengottuvelan, j., ..... the respondent, employees' state insurance corporation, asked the appellant company to comply with the provisions of the act stating that it (the madras branch) is a 'shop' within the meaning of the said g.o. ..... madras, the said premises is a branch office as also in calcutta, bombay, delhi and ahmedabad. ..... dated december 22, 1976 extending the provisions of the employees' state insurance act to certain establishments, one of them being 'shops'. ..... the madras office is 'shop' and is liable to be covered under the act and he dismissed the appeal. ..... no doubt that the establishment of the petitioner at secunderabad is a 'shop' where selling activity is carried on and by virtue of the notification issued by the state government, the act becomes applicable to it. ..... the petitioner acts as the agent of its foreign principals who are .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(3)SC1,2010(3)LC1203(SC)
..... generation of electricity from renewable sources of energy;(i) the national electricity policy and tariff policy: provided that the terms and conditions for determination of tariff under the electricity (supply) act, 1948 the electricity regulatory commissions act, 1998 and the enactments specified in the schedule as they stood immediately before the appointed date, shall continue to apply for a period of one year or until the terms ..... state operations;(f) to adjudicate upon disputes involving generating companies or transmission licensee in regard to matters connected with clauses (a) to (d) above and to refer any dispute for arbitration;(g) to levy fees for the purpose of this act;(h) to specify grid code having regard to grid standards;(i) to specify and enforce the standards with respect to quality, continuity and reliability of service by licensees;(j) to fix the trading margin in the inter-state trading ..... and conditions for tariff are specified under this section, whichever is earlier.section 62 - determination of tariff(1) the appropriate commission shall determine the tariff in accordance with the provisions of this act for--(a) supply of electricity by a generating company to a distribution licensee:provided that the appropriate commission may, in case of shortage of supply of electricity, fix the minimum and maximum ceiling of tariff for sale or ..... shanti bhushan, learned senior counsel appearing on behalf of calcutta electricity supply company ltd. .....
Tag this Judgment!Court : Mumbai
Reported in : [2004(102)FLR595]; (2004)IIILLJ854Bom; 2004(3)MhLj244
..... of this petition, on behalf of the petitioners their learned counsel has formulated the challenges which may be summarised as under:(1) rule as amended was not laid on the table of the house as required by section 115 of the factories act, 1948 and hence, there being non-compliance with statutory requirements, the rule is illegal, null and void. ..... the issue before the learned single judge was in the matter of fees recoverable under section 6(1)(d) of the factories act, 1948 and alternatively the increase in the quantum proposed to be levied vis a vis the notification hearing no. ..... the respondent pursuant to the power conferred on them under section 112 of the factories act, 1948 and in exercise of their power; under section 6 have made rules which are known as maharashtra factories rules, 1963. ..... before its amendment, rule read as under:'application for registration and grant of licence: (i) the occupier or manager of every factory coming within this scope of this act after its commencement shall submit to the chief inspector an application in triplicate in form 2 for the registration of the factory accompanied by an application in form 3 for the grant of licence therefore for a period not exceeding ten years.3. ..... as per section 115 of the factories act, 1948, draft rules were published in the official gazette on 25.7.1997 and objections were called form the industrial units and other concerned authorities. .....
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