Court : Supreme Court of India
Decided on : Jan-11-2007
Reported in : AIR2007SC861; 2007(1)ALLMR(SC)944; 2007(1)AWC689(SC); [2007(2)JCR148(SC)]; JT2007(2)SC292; 2007(1)KLT623(SC); (2007)3MLJ423(SC); 2007(1)SCALE197; (2007)2SCC1; 2007AIRSCW611; 2007(3)CivilLJ589; 2007(1)LawHerald(SC)480; 2007(2)KCCRSN44(SC)
..... constitution of india. constitutional amendment of ninth schedule20. it would be convenient to note at one place, various constitutional amendments which added/omitted various acts/provisions in ninth schedule from item no.1 to 284. it is as under:amendmentacts/provisions added1st amendment (1951)1-134th amendment (1955)14-2017th ..... not apply thereto unless such law, having been reserved for the consideration of the president, has received his assent. 12. the constitution (26th amendment) act, 1971 omitted from constitution articles 291 (privy purses) and article 362 (rights and privileges of rulers of indian states) and inserted article 363a after article ..... [1952]1scr89 . the main object of the amendment was to fully secure the constitutional validity of zamindari abolition laws in general and certain specified acts in particular and save those provisions from the dilatory litigation which resulted in holding up the implementation of the social reform measures affecting large number of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-2007
Reported in : 2007CriLJ1806; JT2007(3)SC332; 2007(3)SCALE157; (2007)4SCC713; 2007AIRSCW1808; (2007)2SCC(Cri)686; (2007)2Crimes24(SC); 2007LawHerald(SC)900.
..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. when the evidence on record is analysed in the background of principles highlighted above, the inevitable conclusion is that the ..... to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.16. a reference may be made to a later decision in sharad birdhichand sarda v. state of maharashtra : 1984crilj1738 . therein ..... few months prior to the incident, relating to the present appeal they attempted to commit rape on lakkamma [daughter of puttegowda (pw.7)], but were unsuccessful. for that act, they were admonished. later, they attempted to commit rape on pw.10 (daughter of pw.1). pw.10 was also successful in escaping from their clutches. though in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2007
Reported in : AIR2007SC1650; 2007BusLRSN-4(SC); [2007]137CompCas32(SC); (2007)3CompLJ410(SC); 2007CriLJ2442; (2007)3GLR2062(SC); JT2007(5)SC529; 2007(3)KLT831(SC); 2007(6)MhLj49; 2007MPL
..... ltd. v. neeta bhalla and anr. : 2005crilj4140 . the questions so referred read as under:(a) whether for purposes of section 141 of the negotiable instruments act, 1881, it is sufficient if the substance of the allegation read as a whole fulfill the requirements of the said section and it is not necessary to specifically state ..... the order passed by the learned magistrate on the premise that allegations made in the complaint petition do not satisfy the requirements of section 141 of the negotiable instruments act. the said provision reads thus:141. offences by companies.- (1) if the person committing an offence under section 138 is a company, every person who, ..... . 2 and 3 herein are chairman and managing director of a company known as 'dalmia industries ltd.', (the company) which is registered and incorporated under the companies act, 1956. it was arrayed as accused no. 6 in the complaint petition. the company is engaged in the business of advertising and publicity. by an agreement dated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2007
Reported in : AIR2007SC1801; 2007CriLJ2757; JT2007(6)SC309; 2007(6)SCALE80; (2007)5SCC773
..... he is not a police officer in its stricto sensu)on a reasonable belief that the arrestee ' has been guilty of an offence punishable' under the provisions of the special act is sufficient for the magistrate to take that person into his custody on his being satisfied of the three preliminary conditions, namely (1) the arresting officer is legally competent to ..... offence or the accusation for which the person is arrested or other grounds for such arrest do exist and are well-founded; and (3) that the provisions of the special act in regard to the arrest of the persons and the productions of the arrestee serve the purpose of section 167(1) of the code.as against this learned counsel for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2007
Reported in : AIR2007SC2809; 2007(7)SCALE631
..... dignitaries, though their names were mentioned in the application. they had made the complaint application only to the chairman of the commission. mr. wani was the acting chairman then. it was true that in response to her complaint a communication was received from the secretary of the commission mrs. seema dhamdhere. that communication ..... 466, 467, 468, 471, 477(a), 380, 381, 457 read with 120(b) of indian penal code read with 13(1)(d) of prevention of corruption act, 1988 and commenced investigation. he first arrested sarode, the controller of examinations and subsequently arrested the others. till date, 29 persons were arrested. the investigation is continuing with ..... such illegal actions in the future in conjunction with one mr. nitin sathe.charge - 2whereas the respondent no. 3, ms. sayalee joshi committed an act of misbehavior by interfering with an internal inquiry being conducted by the secretary of mpsc regarding alleged malpractices in the examination for psi/asstt/sti conducted by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-2007
Reported in : AIR2007SC2762; 2007CriLJ4068; 2007(4)CTC740; JT2007(9)SC471; 2007(3)KLT760(SC); 2007(9)SCALE400; 2007(2)LC941(SC)
..... . no criminal proceeding can be abruptly terminated when a complainant approaches the court well within the time prescribed by law. in such cases, the doctrine 'acts curiae neminem gravabit' (an act of court shall prejudice none) would indeed apply. [vide alexander rodger v. comptoir d'escompte (1871) 3 lr pc 465]. one of the first ..... of an offence. in bharat damodar, a complaint was filed by drugs inspector against the accused for offences punishable under the drugs and magic remedies (objectionable advertisements) act, 1954. the complaint was lodged in the court on march 3, 2000 in respect of offence detected on march 5, 1999. the period of limitation was one ..... it was submitted that taking of cognizance was within the domain of the magistrate and not within the power, authority or jurisdiction of the complainant and the act of court cannot adversely or prejudicially affect a party to a litigation. it was also submitted that the respondent- accused abused his position and misused his powers .....
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