Court : Supreme Court of India
Decided on : Dec-07-1979
Reported in : AIR1980SC962; 1980CriLJ690; 1980Supp(1)SCC92; [1980]2SCR380
..... of an action; intermediate provisional". stroud's judicial dictionary (fourth edition, vol. 3, p. 1410) defines the interlocutory order thus: - " 'interlocutory order' (judicature act 1873 (c.66), s. 25(8) was not confined to an order made between writ and final judgment, but means an order other than final judgment." thus, according ..... parliament that while the criminal procedure code gives a right of revision against an order which, though not purely interlocutory, is either intermediate or quasi final, the act would provide a full fledged appeal against such an order. if the interpretation as suggested by the counsel for the appellant is accepted, the result ..... a very elevated status. (2) secondly, whereas in ordinary cases the matter is straightaway brought to the court after the investigation is completed, the act requires certain preliminary safeguards before the matter is placed before the special court. in the first place, the allegations made against the accused have been scrutinised .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1979
Reported in : AIR1979SC1725; [1979]118ITR461(SC); (1979)4SCC121; [1979]3SCR1133
..... initiative and beseeches the income tax department to help him, move the settlement commission by withdrawing its appeals. the story, when unfurled, shows how the assessee acted on his own independently of the department, never had any blanket assurance from the latter about non-objection to the later stages of the application whatever be ..... promoted.59. what, in essence, is estoppel? estoppel is a rule of equity which forbids truth being pleaded or representation, on which faith another has acted to his deteriment, being retracted. even extending the rule mto the new-fangled empire of promissory estoppel, it cannot go beyond the limits of the law ..... make application to the settlement commission.-(1) notwithstanding anything contained in this chapter, any assessee who has filed an appeal to the appellate tribunal under this act which is pending before it shall, on withdrawing such appeal from the appellate tribunal, be entitled to make an application to the settlement commission to have .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-1979
Reported in : (1982)3SCC24; 19831SCR145;
..... death penalty but, with the greatest respect to them and in all humility, i cannot persuade myself to concur with the view taken by them. mine is unfortunately a solitary dissent and it is therefore, with a certain amount of hesitation that i speak but my initial diffidence is overcome by my ..... highly controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to divine ..... planning for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of setting down .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-1979
Reported in : AIR1979SC898; 1979CriLJ773; (1979)3SCC431; [1979]3SCR254
..... additional commissioner shall be subject to the administrative control of the commissioner, and in particular, for the purpose of convenient disposal of investigations under this act, the commissioner may issue such general or special directions as he may consider necessary to the additional commissioner; provided that nothing in this sub-section shall ..... issuing of commissions etc.21. section 15 provides an enhanced punishment of seven years for criminal misconduct as compared to the punishment provided by the corruption act.22. section 16 provides for prosecution of a complainant if his complaint is found to be false, frivolous and vexatious and such a complainant is liable ..... the intention of the legislature regarding the fact that the dominant legislature allowed the subordinate legislature to operate in the same field pari passu the state act.40. craies in his interpretation on statute law 6th ed. p. 369 observes as follows:many earlier statutes contain clauses similar in effect, to the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-1979
Reported in : AIR1979SC745; 1979CriLJ659; (1979)2SCC656; [1979]2SCR1085
..... 's case: (supra) "it is a basic constitutional assumption underlying every statutory grant of power that the authority on which the power is conferred should act constitutionally and not in violation of any fundamental rights." we have made these general remarks to set the interpretative tone when translating the sense of the expression ..... where a minor procedural irregularity, clearly curable under the code, is all that the appellant has to urge the full panoply of an appellate bearing is an act of supererogation. where the grounds, taken at their face value, are frivolous, vexatious, malicious wholly dilatory or blatantly mendacious, the prolongation of an appeal is ..... rules empowering the court to dismiss the appeal summarily is ultra vires being inconsistent with the provisions of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. it was submitted that the power of the supreme court to frame rules under art. 145 of the constitution canot be extended to annul .....
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