Compulsatively - Judgment Search Results

S. Narasimha Bhandary Vs. V. Vijaya Bai

Court: Karnataka

Reported in: AIR1978Kant115; ILR1978KAR752; 1978(1)KarLJ429

..... the full bench is if there is an element of compulsion in the government policy which infringes the fundamental rights guaranteed ..... to prevail over such governmental policy in the absence of such compulsion the courts should not interfere with the policy decision of ..... of the constitution of india challenge is mainly against element of compulsion found in clause 6 of the government order under which .....

Harishankar Rastogi Vs. Girdhari Sharma and anr.

Court: Supreme Court of India

Reported in: AIR1978SC1019; 1978CriLJ778; (1978)2SCC165; [1978]3SCR493; 1978(10)LC301(SC)

..... with the commission of an offence against self incrimination by affording him protection against testimonial compulsion but apart from this protection there is no reservation which has to be implied in ..... of s 175 of the indian penal code but protection against what is called testimonial compulsion under the article is against proceedings in court it does not apply to order which .....

Delhi Administration, Delhi Vs. Workmen of Edward Keventers and anr.

Court: Supreme Court of India

Reported in: AIR1978SC976; [1978(37)FLR116]; 1978LabIC706; (1978)IILLJ209SC; (1978)1SCC634

..... between the two cannot be voluntarily interrupted without a breach of the contract or the compulsion arising from the nature of the transaction in the present case there was between the ..... an economic advantage to the exporter and hence there was no need for any statutory compulsion to do so l p d isci 23 a this turns on a reasonable construction .....

Ramanbhai Nagjibhai Patel Vs. Jashvant Singh Udesingh and ors.

Court: Supreme Court of India

Reported in: AIR1978SC1162; (1978)GLR833; (1978)0GLR33; (1978)3SCC142; 1978(10)LC340(SC)

..... order xxi rule 15 1 c of the rules in an enabling provision not a compulsive one harmonious construction of art 134 and art 145 leads to the conclusion that the ..... removes an apprehended disability of the court in summarily dismissing a glaring case where its compulsive continuance dragging the opposite party calling up prolix records and expanding on the reasons for .....

State of Kerala Vs. M.M. Mathew and anr.

Court: Supreme Court of India

Reported in: AIR1978SC1571; 1978CriLJ1690; (1978)4SCC65; [1979]1SCR264; [1978]42STC348(SC); 1978(10)LC701(SC)

..... officer of company can be prosecuted separately or along with company there is no statutory compulsion that he may not be prosecuted unless he be ranged along with company itself section .....

H. Puttappa and ors. Vs. the State of Karnataka and ors.

Court: Karnataka

Reported in: AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302

..... are mostly illiterate and who do not understand the implications and advantages of co operation compulsion can be more effective voluntary association is being suggested to them for scores of years ..... them into a separate society or to compel this group to join another group such compulsion infringes the principles of voluntary association and democratic control these are matters for the societies .....

Ramakrishnan Vs. V.S. Kuttan Pillai and anr.

Court: Kerala

Reported in: 1979CriLJ177

..... 3 the supreme court observed that article 20 3 embodies the principle of protection against compulsion of self incrimination recognised in the british criminal jurisprudence and incorporated in the american ..... but that it has been modified as regards oral testimony of witnesses by introducing compulsion and providing immunity from prosecution on the basis of such compelled evidence the court .....

Lakeside Vs. Oregon

Court: US Supreme Court

..... a necessary element of compulsory self incrimination is some kind of compulsion hoffa v united states 385 u s 293 385 u s ..... 304 the court concluded in griffin that unconstitutional compulsion was inherent in a trial where prosecutor and judge were free ..... defendant s failure to take the witness stand was a form of compulsion forbidden by the constitution footnote 2 3 by making silence costly .....

Mrs. Maneka Gandhi Vs. Union of India (Uoi) and anr.

Court: Supreme Court of India

Reported in: AIR1978SC597; (1978)1SCC248; [1978]2SCR621

..... be forgotten that natural justice is pragmatically flexible and is amenable to capsulation under the compulsive pressure of circumstances the audi alteram partem rule is not cast in a rigid ..... two clauses of article 21 concordant the procedural machinery not destroying the substantive fundamentally the compulsion of constitutional humanism and the assumption of full faith in life and liberty cannot .....

Mrs. JoselIn and ors. Vs. Offl. Liquidator, Alwaye Chit Funds (P.) Ltd ...

Court: Kerala

Reported in: [1979]49CompCas170(Ker)

..... not on the language of these provisions extend to making compulsive orders against heirs of delinquents as the power to take ..... to compel heirs or legal representatives to do anything such compulsive proceedings as may become necessary against those upon whom devolve ..... a declaration of the liability of the deceased and no compulsive order can be passed against the legal representatives under section .....