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)
..... only be examined by another independent organ, namely, the judiciary. the power to grant absolute immunity at will is not compatible with basic structure doctrine and, therefore, after 24th april, 1973 the laws included in the ninth schedule would not have absolute immunity. thus, validity of such laws can be challenged on the touchstone of basic structure such as reflected in ..... power of amendment has to be compatible with the limits on the power of amendment. this limit came with the kesavananda bharati's case. therefore article 31b after 24th april, 1973 despite its wide language cannot confer unlimited or unregulated immunity. to legislatively override entire part iii of the constitution by invoking article 31b would not only make the fundamental rights ..... be placed before a bench of nine judges. this is how these matters have been placed before us.broad question4. the fundamental question is whether on and after 24th april, 1973 when basic structures doctrine was propounded, it is permissible for the parliament under article 31b to immunize legislations from fundamental rights by inserting them into the ninth schedule and, if ..... prohibited disposal of property within the ceiling limit was violative of articles 14 and 19(1)(f) of part iii. when the said act was enforced in february 1976, article 19(1)(f) was part of fundamental rights chapter and as already noted it was omitted therefrom only in 1978 and made instead only a legal right under article 300a. it was held in .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jan-31-2007
Reported in : 2007CriLJ2102
..... the case is sought to be instituted, and the nature of the preliminary action, if any, taken by the magistrate. broadly speaking, when on receiving a complaint, the magistrate applies his mind for the purposes of proceeding under section 200 and the succeeding sections in chapter xv to the code of 1973, he is said to have taken cognizance of the offence within ..... enumerating numerous statutory provisions such as (i) section 187-a of sea customs act, 1878 (ii) section 97 of gold control act, 1968(iii) section 6 of import and export control act, 1947 (iv) section 271 and section 279 of the income tax act, 1961 (v) section 61 of the foreign exchange regulation act, 1973, (vi) section 621 of the companies act, 1956 and (vii) section 77 of ..... person aggrieved is a member of such association or not.explanation:- for the purpose of this clause 'recognised consumer association' means a voluntary consumer association registered under the companies act,1956 (1 of 1956) or under any other law for the time being in force.(b) no court inferior to that of a metropolitan magistrate or a judicial magistrate of the first ..... police officer; or upon his own knowledge, that such offence has been committed. we are concerned with the complaint made by public servant under section72 of the act which will fall under section 190(1)(a) cr.p.c. the complaint filed for non-cognizable offence according to explanation to section 2 (d), which defines complaint, by a police officer which discloses .....
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.
..... in confinement in the house of one shivamma near the spot. they admitted to their guilt. on arrival of the investigating officer, after the preliminary investigation as already noted, the accused were taken into custody and they were sent for medical examination. the post-mortem examination on the dead body ..... 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 ..... 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 ..... the hypothesis of guilt. 14. sir alfred wills in his admirable book `wills' circumstantial evidence' (chapter vi) lays down the following rules specially to be observed in the case of circumstantial evidence: (1) the facts alleged as the basis of any legal inference must be clearly proved and beyond reasonable doubt ..... arijit pasayat, j.1. leave granted.2. challenge in this appeal is to the judgment rendered by a division bench of the karnataka high court accepting the reference made under section 366 of the code of criminal procedure, 1973 (in short the 'cr.p.c.') and confirming death sentence awarded to .....
Tag this Judgment!Court : Kolkata
Decided on : Mar-07-2007
Reported in : 2007(3)CHN586
..... first appeal we are required to go into the entire merit of the same.18. before doing so since the point, raised by shri mahato, being a preliminary point, we would advert to the same at first. in the event, this point succeeds then we feel we need not proceed any further into the ..... the sessions trial no. lvi of june, 2000 without hearing the arguments and its failure to appreciate the legal position governing the field in respect of chapter xxv of the said code and section 84 of the indian penal code thereby the entire edifice has been eroded. neither any amount of magnanimity nor any ..... lvi of june 2000 was sealed finally on 22.11.2002 when the judgment was pronounced by the learned trial court.75. an elementary stage in chapter xvii of the said code governing the trial before the sessions court seems to have been given a go by the learned trial court. the ordersheet dated ..... trial court as well as that before the learned magistrate to gain further control over the situation.40. for this purpose we would now look into the chapter xxv of the said code, which governs provisions as to accused persons of unsound mind. section 329 of the said code corresponding to section 465 of ..... better appreciate the position we would refer to hallsbury's laws of england, fourth edition, reissue, volume 11(1) page 36, paragraph 31:where, on a criminal charge, it appear that, at the time of the act or omission giving rise to the offence alleged, the accused was labouring under a defect of reason owing to .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Apr-02-2007
Reported in : AIR2007AP265; 2007(4)ALD349; 2007(4)ALT497
..... to be achieved and the consequences that may flow from the adoption of one in preference to the other possible interpretation. (emphasis supplied)14. in district mining officer v. tata iron and steel company : (2001)7scc358 , the apex court summarized the principles thus:a statute is an edict of the legislature ..... provision. a proviso sometimes can have the effect of substantially altering the main section as noticed in hiralal vatan lal v. s.t.o., kanpur : [1973]2scr502 .28. the decision of this court in t. sudhakar reddy's case (supra), was confirmed by the supreme court, toguru sudhakar's case ( ..... rs. 9/-. to that extent, the learned counsel for the petitioner is not correct in submitting and under no circumstances, the assessment can exceed 1 1/2 times the actual amount payable. be it also noted that when the provision is not ambiguous or does not admit two interpretations, the court ..... pilfered.sub-section (6) of section 126 stipulates that the assessment of value of the energy pilfered should be made at the rate equal to 1 1/2 times the tariff applicable to relevant category of services. that means, if the tariff rate is rs. 6/- per unit after arriving ..... what is the true interpretation of the proviso to section 126(4) of the electricity act?principles of interpretation9. the principles of interpretation of statutes are well settled. a statute should be interpreted reading various chapter/parts, sections and sub-sections together as a whole. while so doing, grammatical and ordinary .....
Tag this Judgment!Court : Jharkhand
Decided on : Apr-04-2007
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... gujarat and no person has any right to exploit it otherwise then in accordance with the provisions of the act and the rules. section 10 of the act and chapters ii, iii and iv of the rules, deal with the grant of prospecting licences and mining leases in the land in which the minerals vest in the government of a state. that was why ..... anr. v. m.p. state road transport corporation : [1997]3scr813 , the fact was that various cantonment boards in m.p. issued notifications during the period from 1973 to 1979 under section 60 of the cantonments act 1924 imposing tax on the entry of motor vehicles at specified rates. the high court quashed the said notifications on the ground that in view of ..... obtaining land for putting up manufacturing and other related activities, to assist in selecting the blocks for allocation of coal, to assist in selecting the area for establishment of plant, etc. the general clause contained in mou reads as under:general clause:1. the government of jharkhand appreciates that the m/s adhunik alloys & power ltd. is a responsible corporate house with ..... decision was taken by the government to grant mining lease for iron ore for captive consumption of the petitioner over an area of 470.06 hectares on its application dated 24.6.2003. thereafter, the directorate of industry, government of jharkhand by letter dated 2.9.2004 intimated the terms and conditions on which preliminary examination and scrutiny of the proposed project .....
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
..... to succeed in bringing charge home to the accused. it is not that the magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. the magistrate has to carefully scrutinise the evidence brought on record and may even himself put questions to the ..... of the code. in none of these stages the code has provided for hearing the summoned accused, for obvious reasons because this is only a preliminary stage and the stage of hearing of the accused would only arise at a subsequent stage provided for in the latter provision in the code. ..... or the sate government, as the case may be, he shall not be liable for prosecution under this chapter.(2) notwithstanding anything contained in sub-section (1), where any offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or ..... 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 ..... 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 .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-10-2007
Reported in : 2007CriLJ3539
..... offence will depend on the circumstances of the particular case including the mode in which the case is sought to be instituted, and the nature of the preliminary action, if any, taken by the magistrate. broadly, speaking, when on receiving a complaint. the magistrate applies his mind for the purposes of proceedings ..... under section 200 and the succeeding sections in chapter xv of the code of 1973. he is said to have taken cognizance of the offence within the meaning of section 190(1)(a). if, instead of proceeding under chapter xv, he, has in the judicial exercise of his discretion, taken ..... issuing of a search warrant for the purpose of an investigation or of a warrant of arrest for that purpose cannot by themselves be regarded as acts f4 by which cognizance was taken of an offence. obviously, it is only when a magistrate applies his mind for the purpose of proceeding under ..... cognizance of the offence.it is, however, argued that in chari case this court was dealing with a matter which came under the prevention of corruption act. it seems to us, however, that makes no difference. it is the principle which was enunciated by das gupta, j. which was approved. as ..... whether the complaint had been filed with the requisite authority of reserve bank as required by section 23(3)(b) of the foreign exchange regulation act. it is only at this stage that the additional district magistrate would be called upon to make up his mind whether he would take cognizance of .....
Tag this Judgment!Court : Kerala
Decided on : Apr-11-2007
Reported in : 2008CriLJ742
..... the officer of vacb concerned, from registering fir in accordance with section 154 of the code. the officer of the vacb is also forced to act in contravention of section 154 of the code and conduct a 'preliminary enquiry' or such enquiry as ordered, without registering an fir.32. therefore, in the absence of any specific provision in the code empowering the ..... anti-corruption department into the allegations made against a public servant regarding commission of offences under the p.c. act, by examining large number of witnesses and by perusing several documents. the supreme court observed that the procedure adopted in conducting a preliminary enquiry is not in terms, forbidden by law. though certain adverse observations are made by the supreme court ..... received by the police, otherwise than through court. a private complaint received by the special judge under section 190 is ordinarily subjected to strict judicial scrutiny and no court normally acts upon any vague, cryptic or anonymous complaint which does not reveal any particulars of the offence and such a complaint will not normally be forwarded to police for investigation. therefore ..... of the government.46. it is provided in chapter vi in clause 32(ii) that government have empowered the bureau to conduct only one type of formal enquiry i.e., vigilance enquiry. as per g.o. (p) no. 18/97/vig., dated 5-4-1997, it is provided that the existing practice of conducting 'preliminary enquiry' and 'detailed enquiry' will be dispensed .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2007
Reported in : 2007(4)KarLJ649; 2007(4)KLJ649; 2007(2)KCCR1458; 2007(4)AIRKarR134
..... under section 107 of cr.p.c. vitiate. as the taluka executive magistrate has proceeded to detain the petitioners to judicial custody for six days without even passing the preliminary order under section 111 of cr.p.c., and without giving any opportunity to the petitioners to show cause as required under law, the proceedings initiated against the ..... accordance with law as has been held by the apex court in the case of ram narain singh and ors. v. state of bihar : 1972crilj1444 . the provisions of chapter viii may be easily made an engine of injustice and oppression and the high court will exercise closest scrutiny to prevent the same. section 107 of cr.p.c. ..... regarding any offence as such. it is also necessary to note that the executive magistrate in exercise of his power under section 107 of cr.p.c. cannot act as judicial magistrate.4. the impugned order is purported to have been made in exercise of jurisdiction under section 107 of cr.p.c. by the taluka executive magistrate ..... matter, the sub-inspector of police in exercise of his power under section 151 of cr.p.c. arrested the petitioners. but no person arrested under section 151(1) of cr.p.c. could be detained in custody for a period exceeding 24 hours from the time of his arrest unless his further detention was required or authorised ..... ordermohan shantanagoudar, j.1. heard sri p.p. hegde, learned counsel appearing for the petitioners and sri a.v. ramakrishna, learned hcgp appearing for the respondents and perused the material on .....
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