Court : Guwahati
..... however, neither requital nor punishment in general is a returning of evil for evil, and, therefore, i see no support for the demand that a murder (or an act of treason, or some other serious offence) be paid for with a life.the biblical injunction 'an eye for an eye and a tooth for a tooth' is often quoted as if it was a command to do retributive justices. ..... if the court refrains from dealing with an offender under section 360 or under the provisions of the probation of offenders act, or any other law for the treatment, training or rehabilitation of youthful offenders, where the court could have done so, section 361, which is a new provision in the 1973 code makes it mandatory for the court to record in ..... a big margin of subjectivism, a preference for old english precedents, theories of modern penology, behavioural emphasis or social antecedents, judicial hubris or human rights perspectives, criminological literacy or fanatical reverence for outworn social philosophers buried in the debris of time except as part of history this plurality of ..... , the deaf, the obscure ; the senile and the forgotten - the hereditary peers of england, united in their determination to use their medieval powers to retain a medieval institution," and the bill was torpedoed by the house of lords. ..... lord dening advanced the view before the royal commission on capital punishment.the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them. .....
Tag this Judgment!Court : Guwahati
..... the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods ..... the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the workmen's compensation act, 1923 (8 of 1923), in respect of the death of, or bodily injury to, any such employee-(a) engaged in driving the vehicle, or(b) if it is a public service vehicle, engaged as a conductor of the vehicle or in examining tickets on the vehicle, or(c) if it is a goods ..... of law in this regard, the apex court in pushpabai purshottam udeshi's case (supra) held as follows:(21) section 95(a) and 95(b)(i) of the motor vehicles act, adopted the provisions of the english road traffic act, 1960 and excluded the liability of the insurance company regarding the risk to the ..... .(30) for the foregoing reasons, i am in respectful agreement with my lord the chief justice of india that the decision of this court .....
Tag this Judgment!Court : Guwahati
..... purpose, and that it is unnecessary to state in express terms in the statute itself the precise purpose for which property is being taken, provided from the whole tenor and intendment of the act it could be gathered that the property was being acquired either for purposes of the state or for purposed of the public and that the intention was to benefit the community at large. ..... drainage or for providing land individually or in groups to landless, flood-affected or displaced persons, or to a society registered under the indian co-operative societies act, 1912 (with such statutory re-enactment or modification thereof as shall from time to time be made) or a company incorporated under the indian companies act, 1913, formed for the benefit and rehabilitation of landless, flood-affected or displaced persons, the provincial government or the person so authorised, as the case ..... land under cultivation for purposes incidental to the tea industry, the petitioner would be entitled to compensation, in accordance with the principles set out in sub-section (1) of section 23 of the land acquisition act, subject to the qualification that the maximum it would be entitled to would not exceed the average market value of three consecutive years immediately preceding march, 1946. ..... was bound to hear and determine the objection, and the use of these words in sub-section 6 was enough to show that the function which it was exercising was, as lord sumner said in--'london county council v. ..... two english cases .....
Tag this Judgment!Court : Guwahati
..... in a liquor licensing case of 1960 it was also pointed out that the two tests led to different results, but in that there was the special circumstance that the statute protected the validity of acts done by disqualified justices, so that the court was not entitled to quash their order unless the facts raised a likelihood of bias over and above the technical disqualification. ..... natural justice is said to demand not only that whose interests may be directly affected by an act or decision should be given prior notice and an adequate opportunity to be heard, but also that the authority should be disinterested and impartial. ..... in english law also the authority who violates the maxim nemo judex in causa sua does not incur civil liability, but prohibition may issue to restrain him from acting and his adjudication may be impeached on appeal or by means of an application for certiorari to quash or for such other remedy as may be appropriate. ..... , for example, the lord chancellor's shareholding in the defendant company did not create a real probability of bias, but it created a possibility which a reasonable man might have suspected. ..... at the same time it was frequently emphasised that justice must be seen to be done, and that no person should adjudicate in any way if it might reasonably be thought that he ought not to act because of some personal interest. .....
Tag this Judgment!Court : Guwahati
..... however, in my opinion, the principle does not strictly come within the fold of the section 111 of the evidence act the exertion of undue influence over 'parda women' is presumed to have been exerted and, therefore, it has been ruled that in all dealings with those persons who are so situated, it was always incumbent on ..... the protection afforded in those instances is distinct and separate from the principles contained in section 111 of evidence act, which to my mind strictly apply only to the case of the transactions where one party is in relation of ..... it is for consideration whether the provisions of section 111 of the evidence act, the provisions of section 114 illustration (c), section 16 of the contract act, 1872 and section 118 of the negotiable instruments act, 1881 need be suitably amended and the principles applicable to pardanashin ladies should be expressly made applicable to the weak, ignorant and in firm, and to those who for any other reason are specially likely to ..... 'lord summer observed : '......in this it has only given the special development, which indian social usages make necessary, to the general rules of english law, which protect persons, whose disabilities make them dependent upon or subject them to the influence of others, even though nothing in the nature of deception or coercion may ..... it should be proved that she was prepared to act both physically and mentally in execution of the said document and this burden must be discharged by evidence, direct and .....
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