Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... upheld as reasonable. 47. as a part of on-going industrial advancement, large industries or projects are being set up or constructed in the scheduled areas displacing the tribals and rendering them impoverished landless labourers. when their lands are acquired for public purpose, the government should give alternative lands for rehabilitation and easy ..... them are below poverty line and totally depend upon agriculture or agriculture based activities and some of them turnout as migrant construction labour due to their displacement from hearth and home for the so-called exploitation of minerals and construction of projects. as per 1991 census, in andhra pradesh the population of ..... or any prescribed officer can by order, acquire the property on payment of compensation. the property loses its original character and becomes the property of the state government. (2) if on a decree for ejectment being passed against a person in occupation of the property belonging to a scheduled tribe under a sale .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... to get compulsory self-incriminating statement as a source of proof to be produced before a court of law.247. this court on several occasions has awarded exemplary compensation to the victims at the hands of the police officials which can be testified by a series of pronouncements of this court.248. as we have repeatedly pointed ..... be found only in rule 184 and not in the code of criminal procedure. rule 184 cannot be construed as displacing altogether the provisions of the code of criminal procedure in regard to bail in case of a person accused or convicted of contravention of any rule or order made under the rules. these provisions of the code of ..... to provide for the human dignity and freedom as has been done by article 21 of the constitution which reads as under: "21. protection of life and personal liberty. no person s hall be deprived of his life orpersonal liberty except according to procedure established by law."each expression used in this article enhances human dignity and value. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
..... governor-general, or, as the case may be, the governor, deems it necessary in order to secure the service of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct on ..... if the president or the governor, as the case may be, deems it necessary in order to secure the services of a person having special qualifications, provide for the payment to him of compensation, if before the expiration of an agreed period that post is abolished or he is, for reasons not connected with any misconduct ..... or by necessary intendment. where the conflict is between the public interest and the private interest, the presumption must necessarily be weak and may, therefore, be readily displaced.(emphasis supplied.)103. not only, therefore, can the principles of natural justice be modified but in exceptional cases they can even be excluded. there are well-defined .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249
..... haji umar kasam through the custodian, saurashtra on july 3, 1954. this decision again was not questioned in any court. a notification under section 12 of the displaced persons (compensation and rehabilitation) act, 1954 was issued in respect of the properties in question on june 8, 1955. no further effective action appears to have been taken by ..... by the union of india on the orders passed on the application made under section 16 of the act, the notification issued under section 12 of the displaced persons (compensation and rehabilitation) act, 1954 and section 46 of the act which barred the jurisdiction of the civil court to decide the questions raised in the suit.12 ..... of the act.23. there is a further hurdle in this case which has arisen on account of the publication of the notification under section 12 of the displaced persons (compensation and rehabilition) act, 1954 in respect of the suit properties on june 1, 1955. on the publication of such notification, the right, title or interest .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... payment of gratuity to a working journalist who had been in continuous service for a certain period. it also regulated hours of work and leave and provided for retrenchment compensation. section 9(1) laid down the principles that the wage board was to follow in fixing the rates of wages of working journalists.51. one of the ..... miserables' :we shall look upon crime as a disease. evil will be treated in charity instead of anger. the change will be simple and sublime. the cross shall displace the scaffold, reason is on our side, feeling is on our side, and experience is on our side.mahatma gandhi also wrote to the same effect in his simple ..... of all, namely, the right to life which is the foundation of all other fundamental rights. the right to life stands on a higher footing than even personal liberty, because personal liberty too postulates a sentient human being who can enjoy it. where therefore a law authorises deprivation of the right to life the reasonableness, fairness and justness .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)
..... . vide clause (4) of the statement ' of objects and reasons. the two state acts which were proposed to be included in the 9th schedule were the biliar displaced persons rehabilitation (acquisition of land) act, 1950 and the united provinces land acquisition (rehabilitation of refugees) act, 1948 fhe west bengal land development and planning act, 1948, ..... an ordinance was issued by the governor of west bengal omitting with retrospective effect all the items in the definition of 'public purpose' except the settlemerit of displaced persons who had migrated into the state of west bengal, with the result that the west bengal act as amended by the ordinance came within the category of ..... narrow and doctrinaire view of the scope and applicability of a fundamental right as in karimbil kunhikoman v. state of kerala : air1962sc723 , where a law awarding compensation at a lower rate to holders of larger blocks of land and at higher rate to holders of smaller blocks of land was struck down by this court .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... payment of gratuity to a working journalist who had been in continuous service for a certain period. it also regulated hours of work and leave and provided for retrenchment compensation. section 9(1) laid down the principles that the wage board was to follow in fixing the rates of wages of working journalists.51. one of the ..... miserables' :we shall look upon crime as a disease. evil will be treated in charity instead of anger. the change will be simple and sublime. the cross shall displace the scaffold, reason is on our side, feeling is on our side, and experience is on our side.mahatma gandhi also wrote to the same effect in his simple ..... of all, namely, the right to life which is the foundation of all other fundamental rights. the right to life stands on a higher footing than even personal liberty, because personal liberty too postulates a sentient human being who can enjoy it. where therefore a law authorises deprivation of the right to life the reasonableness, fairness and justness .....
Tag this Judgment!Court : US Supreme Court
..... [ footnote 43 ] a number of distinct subgoals have been advanced as falling under the rubric of "compensation for past discrimination." for example, it is said t.hat preferences for negro applicants may compensate for harm done them personally, or serve to place them at economic levels they might have attained but for discrimination against their forebears. ..... score less well than do disadvantaged whites. [ footnote 2/62 ] these statistics graphically illustrate that the university's purpose to integrate its classes by compensating for past discrimination could not be achieved by a general preference for the economically disadvantaged or the children of parents of limited education unless such groups were ..... louisiana, 165 u. s. 578 (1897); lochner v. new york, 198 u. s. 45 (1905). in that cause, the fourteenth amendment's "one pervading purpose" was displaced. see, e.g., plessy v. ferguson, 163 u. s. 537 (1896). it was only as the era of substantive due process came to a close, see, e.g .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... by express enactment.' in tomalin v. s. pearson & son, limited [1909] 2 k. b. 61 the court of appeal dealing with the application of the workmen's compensation act, 1906, quoted with approval a passage from maxwell on interpretation of statutes at p. 213 wherein it was stated: 'in the absence of an intention clearly expressed or to ..... favour in this court in a. k. gopalan's case (supra), was laid down in a context which was very different from that in which that approach was displaced by the sounder view that the constitution must be read as an integral whole, with possible over-lappings of the subject matter of what is sought to be protected ..... of article 21 having to meet the challenge of a fundamental right under article 19(1). indeed, in that event, a law of preventive detention which deprives a person of 'personal liberty' in the narrowest sense, namely, freedom from detention and thus falls indisputably within article 21 would not require to be tested on the touchstone of clause (d .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1017
..... first question which would clearly defeat this high constitutional power and which would be against the intrinsic evidence of that constitutional power with its implicit compensable injury, so far as the effective real consultation is concerned, the norms would have to be implied along with the minimum safeguard of the principle ..... promote judicial independence cutting at barriers of regionalism and parochialism and avoiding evils resultant from over localisation of interests and influence. the individual inconveniences were compensated by the compensatory allowance under article 222(2) and because of the provision made in the rules for travelling allowances in rule 7a(1) under ..... was determinative was satisfaction as to the existence of certain objective facts. the recital about satisfaction may be displaced by showing that the conditions did not exist, or that no reasonable body of persons properly versed in law could have reached the decision that they did. the courts were not, however, .....
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