Judgment Search Results Home > Cases Phrase: census act 1948 Sorted by: recent Court: supreme court of india Page 2 of about 35,387 results (0.158 seconds)

State of Bihar and Others Vs. Shyam Yadav and Others Etc.

Court : Supreme Court of India

Reported in : AIR1997SC776; JT1997(1)SC520; (1997)2SCC507; [1997]1SCR249

..... the census operations are conducted by the government of india in accordance with the provisions of the census act, 1948 after an interval of 10 years ..... may 5, 1987 refers to the earlier letters dated april 8, 1982, may 17, 1985 and february 14, 1986, and after setting out the directions given in the letters aforementioned further directions with regard to absorption of retrenched census employees were given as under:(i) the prohibitory orders in connection with not filling the existing vacancies in the state should not be applied in the cases of appointment of such employees; (ii) exemption regarding age limit be extended ..... in these circumstances, we are unable to uphold the impugned judgments of the high court holding that in view of the policy decision taken by the state government regarding their absorption the retrenched census employees of 1991 census operations are entitled to be absorbed in the state services and on that basis the said employees can claim preference or priority in the matter of such appointment in service under the state government.16 ..... in accordance with the directions given by the directorate general of employment and training, new delhi, referred to in the memo of the director of employment and training, bihar dated october 18, 1993; such retrenched census employees should be given priority/relaxation by the employment exchange wherein they are registered in the matter of sponsoring and forwarding their names for appointment against future vacancies.17. .....

Union of India and Others Vs. Dinesh Kumar Saxena and Others

Court : Supreme Court of India

Reported in : AIR1995SC1565; (1996)ILLJ14SC; 1995(2)SCALE14; (1995)3SCC401; [1995]2SCR341; 1995(2)SLJ104(SC); (1995)3UPLBEC1756

..... a census is conducted in the country ever 10 years under the census act of 1948, under the directions of the registrar general and, census commissioner ..... 1991 passed on order dated 12.3.1993 in which it once again directed the framing of a scheme for absorption of these retrenched employees of the census department in the central or state government departments, giving them 'priority' over new-comers or subsequently appointed or other retrenched persons. ..... is directed to consider those respondents, who have worked temporarily in connection with 1981 and/or 1991 census operations, and who have been subsequently retrenched, for appointments in any regular vacancies which may arise in the directorate of census operations and which can be filled by direct recruitment, if such employees are otherwise qualified and eligible for ..... not possible, therefore, to direct the framing of any scheme for their being regularised in the census department since there is not enough work of a permanent nature to keep these extra employees busy ..... /or the staff selection commission may also consider giving weightage to the previous service rendered by such employees in the census department and their past service record in the census department for the purpose of their selection to the regular posts. ..... to safeguard the interest of the retrenched employees, it ordered the respondents to make any fresh recruitment in the census department or for its allied work only from amongst the retrenched employees. .....

Shoyeb Raja Vs. State Of Madhya Pradesh

Court : Supreme Court of India

..... required to be proved in the case of an offence under section 307 are: (i) that the death of a human being was attempted; (ii) that such death was attempted to be caused by, or in consequence of the act of the accused; and (iii) that such act was done with the intention of causing death; or that it was done with the intention of causing such bodily injury as : (a) the accused knew to be likely to cause death; or (b) was sufficient in the ordinary ..... course of nature to cause death, or that the accused attempted to cause death by doing an act known to him to be so imminently dangerous that it must in all probability cause (a) death, or (b) such bodily injury as is likely to cause death, the accused having no excuse for incurring the risk of causing such death or injury. ..... medical document to reject the charge was unjustified, since the author of such document could not be examined; c) the statements of the witnesses under section 161 code of criminal procedure disclose the respondents acts of pressing of mouth, nose and throat and their intention to kill; d) reference stands made to the judgment in state of delhi v. ..... the essence of liability under section 34 is simultaneous consensus of the minds of persons participating in the criminal act to bring about a particular result, which consensus can even be developed at the spot as held in .....

Vijay Singh @ Vijay Kr. Sharma Vs. The State Of Bihar

Court : Supreme Court of India

..... the applicability of section 34 ipc was based on the fact that a-6 and a-7 had confined pw18 near the well in order to eliminate any criminal appeal no.1031/2015 and others page 8 of 26 chances of resistance in the acts committed by the other five accused per-sons. ..... it further held that no evidence sur-faced during the trial to indicate the participation of a-6 and a-7 in the acts of abduction and commission of murder.8. ..... thus, pw4 entered the scene after the commission of offence and he did not witness the act of abduction. .....

Manik Vs. The State Of Maharashtra

Court : Supreme Court of India

..... . a prudent man faced with conflicting probabilities concerning a fact- situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence ..... i have already found that though trial court accepted and acted upon the opinion of the fingerprint test and that the said finding was reversed by ..... . in terms of the combined reading of sections 43 and 79 of the evidence act, the trial court could not have declined to accept the existence of the order dated page 45 of 53 criminal appeal nos.1614-1618 of 2012 07.01.1996 of ..... railway under section 137/174 of railways act, 1989, the page 38 of 53 criminal appeal nos.1614-1618 of 2012 certified copy of which was produced by the accused ..... . notably, section 29 of the indian police act, 1861, makes willful breach of regulations by a policeman and causing of unwarrantable personal violence to any person in his custody, punishable ..... . 11 section 114-b in the indian evidence act, 1872, so as to reverse the burden of proof in cases of custodial death ..... a perusal of section 145 of the evidence act, 1872 would reveal that a witness could be cross- examined as to previous statement in writing only in respect of a fact relevant to the matter(s) in question, for the purpose of contradicting him in ..... . my learned brother has acted upon the premise that once the dead body is said to have been traced and it is, then, not proved to be of that person, it would be fatal to the .....

Shyamsundar Radheshyam Agrawal Vs. Pushpabai Nilkanth Patil

Court : Supreme Court of India

..... to hand over the possession even before execution of a conveyance and, therefore, it was a conveyance for the purpose of duty payable under the bombay stamp act and there was no obligation in the agreement to enter into a conveyance at a later stage and clearly it was a case which attracted the said explanation ..... the subsequent sale deed cannot be construed as a principal transaction and the agreements to sell would be treated as the principal conveyance as per explanation i of article 25 of schedule-i of the act and impounded all these documents and directed to send the same to the collector for adjudication of stamp duty and penalty. ..... court took the view that the agreement in question could be construed to be a conveyance falling under section 2(g) of the bombay stamp act inasmuch as the right, title and interest in the flat stands transferred in favour of the purchaser on payment of instalments as provided therein ..... also a clause by which possession was admittedly handed over on the date of the agreement, implying acquisition of possessory rights protected under section 53a of the transfer of property act, which requires payment of proper stamp duty and registration as mandated under section 17 of the registration ..... on the other hand, what is submitted is that the provisions of the mof act could be applied to the agreement and, therefore, a conveyance could be 12 executed subsequently when it is not clear as to when the conveyance is to be executed and the stipulated time within .....

Just Rights For Children Alliance Vs. S. Harish

Court : Supreme Court of India

..... under section 79 lapses and does not apply if the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act, or if upon receiving actual knowledge , or if the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any manner on ..... of any child pornographic material, but also any other material to indicate any actual transmission, propagation, display or distribution of any such material or any form of an overt act such as preparation or setup done for the facilitation of the transmission, propagation, display or distribution of such material, whereafter, the statutory presumption would stand attracted, and it shall ..... offence of child pornography is equally as heinous, if not more, as in the latter the victimization and exploitation of the child does not end with the initial act of abuse.2 the creation or dissemination of such pornographic material further extends and compounds the harm infinitely and at a far larger scale.3 it in essence turns the singular incident ..... presumption is an inference of fact drawn from the facts which are known as proved and as such the statutory presumption under section 54 of npds act that an accused has committed an offence under the act will only get attracted once the prosecution has established that the accused was found to be in possession of the contraband in a search conducted in accordance .....

Fuleshwar Gope Vs. Union Of India

Court : Supreme Court of India

..... in, the sanction required under sub-section (1), unless in the opinion of that court, a failure of justice has in fact been occasioned thereby; (b) no court shall stay the proceedings under this act on the ground of any error, omission or irregularity in the sanction granted by the authority, unless it is satisfied that such error, omission or irregularity has resulted in a failure of justice; (c) no ..... act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1956; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life (protection) act, 1972; the proviso to section 33(2)(b) of the industrial disputes act, 1947 (as amended in 1956); section 10-a of the medical council act ..... nothing contained in this sub-section shall render any such person (including promoters) liable to any punishment provided in this act, if he proves that the offence was committed without his knowledge or that he had exercised reasonable care to prevent the commission of such offence. ..... six persons under section 212, 213/34, 414 of the indian penal code, 1860 and sections 13, 17, 40 of the unlawful activities (prevention) act, 19673 and section 17 of the criminal law amendment act, 1908 on the allegation that rs.25.83 lakhs of demonetized currency was brought to the concerned branch of the state bank of india by a-6. .....

Opg Power Generation Private Limited Vs. Enexio Power Cooling Solution ...

Court : Supreme Court of India

..... every determination that affects the rights of a citizen or leads to any civil consequences, the court or authority or quasi-judicial body must adopt a judicial approach, that is, it must act bona fide and deal with the subject in a fair, reasonable and objective manner and not actuated by any extraneous consideration; (b) that while determining the rights and obligations of parties the ..... court or tribunal or authority must act in accordance with the principles of natural justice and must apply its mind to the attendant facts and circumstances while taking a view one way or the other; and (c) ..... the terms and conditions of the contract and conduct of the parties including correspondences exchanged, and, further, taking into account the provisions of sub-section (2-a) of section 34 of the 1996 act limiting the scope of interference with a finding returned in an arbitral award, we do not find a good reason to interfere with the above findings of the arbitral tribunal more so when it is ..... that claim as a counterclaim in the arbitration proceedings initiated by the claimant, instead of filing a separate application under section 11 of the 1996 act, the limitation for such counterclaim should be computed, as on the date of service of notice of such claim on the claimant and not on the date of filing of the counterclaim116.123. .....

Ajay Madhusudan Patel Vs. Jyotrindra S. Patel

Court : Supreme Court of India

..... fourth, in case of non-signatory parties, the important determination for the courts is whether the persons or entities intended or consented to be bound by the arbitration agreement or the underlying contract containing the arbitration agreement through their acts or conduct; fifth, the requirement of a written arbitration agreement has to be adhered to strictly, but the form in which such agreement is recorded is irrelevant; sixth, the requirement of a written arbitration agreement does not ..... position taken in vidya drolia (supra) was clarified to state that the scope of examination under section 11(6) should be confined to the existence of the arbitration agreement under section 7 of the act, 1996 and the validity of an arbitration agreement must be restricted to the requirement of formal validity such as the requirement that the agreement be in writing. ..... [(2005) 8 scc618 this court identified and segregated the preliminary issues that may arise for consideration in an application under section 11 of the act into three categories, that is, (i) issues which the chief justice or his designate is bound to decide; (ii) issues which he can also decide, that is, issues which he may choose to decide; and (iii ..... srg group intended or consented to be bound by the arbitration agreement or the underlying contract containing the arbitration agreement through their acts or conduct, elaborate submissions have been made on behalf of all three groups, by placing reliance on the terms of the .....