Court : Supreme Court of India
Decided on : May-09-2003
Reported in : 2003(2)ALD(Cri)109; 104(2003)DLT64(SC); (2004)1GLR570; 2003(2)JKJ464[SC]; JT2003(4)SC605; 2003(4)SCALE629; (2003)6SCC641; 2003(2)LC1233(SC)
..... reported in : 2001crilj165 thequestion was whether arrest and search by an officer not empowered or authorised andtherefore in violation of section 41 and 42 of the narcotics drugs and psychotropicsubstances act, 1985 was per se illegal and would vitiate trial. this court held that whencriminal proceedings are initiated on the basis of ..... was whether the high court can exercise its inherent power undersection 482 of the criminal procedure code to quash an interlocutory order. in thisjudgment the provision of section 397(2) of the criminal procedure code, which barreda revision against an interlocutory order, were also considered. it was held that thepurpose of putting a bar ..... material collected on search and arrestwhich are per se illegal, power under section 482 can be exercised to quash theproceedings as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-05-2003
Reported in : AIR2003SC1981; 2003CriLJ1717; 2003(2)JKJ16[SC]; JT2003(3)SC239; 2003(2)SCALE648; (2003)4SCC128
..... has clearly stated that the injuries suffered by the deceased persons at least two of them i.e. rajendra chaudhary and sheo mahto may be caused by explosive substances such as powerful bomb. there is no material collected by the prosecution indicating either the use or otherwise of the bomb in the attack. to ..... santosh hegde, j.1. the two appellants in these appeals along with two other accused persons were charged for committing offences punishable under section 302 ipc and section 27 of the arms act for having committed triple murder of shivnandan mahto, chamru chaudhary and rajendra chaudhary on the night intervening between 10th and 11th october, 1992 ..... of the offences charged and sentenced them to undergo imprisonment for life for an offence punishable under section 302 ipc. he also imposed a sentence of 7 years' ri for offence punishable under section 27 of the arms act, and directed the sentences to run concurrently. against the said judgment and conviction, the appellants preferred .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2003
Reported in : AIR2003SC3547; 2003CriLJ2525; [2003(3)JCR27(SC)]; JT2003(4)SC92; 2003(4)SCALE44; (2003)9SCC141
..... by aslam parwez against the judgment and order dated 2.2.1998 of addl. designated court (ii) delhi by which the former was convicted under section 25 of the arms act and section 5 of explosive substances act and was sentenced to two years ri and a fine of rs. 1,000/- under the first count and four years ri and a fine of ..... was issued on 20.10.87 i.e. subsequent to the recovery made on 12.9.87 and accordingly a-1, a-2 and a-3 were charged under section 25 of arms act and section 5 of explosive substances act. since the recovery at the pointing out of aslam @ pappu was made subsequent to the issuance of notification, he was charged under ..... rs. 1500/- under the second count and the latter was convicted under section 5 of terrorist and disruptive activities (prevention) act, 1987 (hereinafter referred as 'the tada') and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2003
Reported in : AIR2003SC2206; [2003(3)JCR80(SC)]; JT2003(5)SC290; 2003(4)SCALE613; (2003)5SCC593
..... to be supplied under this agreement either in whole or in part owing to any strike, riots, insurrections, command of a civil or military authority, fire, explosions, act of god or any other causes beyond his/their/its control or if the board is prevented from supplying or is unable to supply such electrical energy owing to ..... andhra pradesh state electricity board and ors. : [1991]2scr624 . in andhra steel's case (supra) it was held that decision of the state government under section 78a of the supply act, to fix concessional tariff is not sufficient to absolve the consumer from the liability undertaken to pay the minimum guaranteed charges. the liability flows from the agreement. ..... demand charge ... rs. 33.00 per kva monthplusii) energy ... rs. 12.8 per kwh.' 9. it is to be noted that in exercise of power under section 22b of the act, the board was prevented from supplying electrical energy during certain specified hours of each day of each month. definition of 'maximum demand' in terms of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-2003
Reported in : AIR2003SC3377; JT2003(Suppl1)SC444; 2003(27)PTC241(SC); 2003(7)SCALE451; (2003)11SCC92; [2003]46SCL778(SC)
..... to decide whether there was any bonafide use of the trade mark in relation to goods by the proprietor or for the purposes of section 46(1)(a) of the act under section 46(1)(a), the trademarks which were registered without any bona fide intention to use them in relation to the goods and which have ..... 11. about two months later, on 30th may 1977 addisons applied in calcutta for rectification of the register of trademarks by deleting hardie's trademarks under section 46(1) of the act. 12. on 18th november 1977, addisons filed two applications for registration of hardie's device. addisons also filed three additional applications for registration in class ..... to use under sub-section (3) of section 46 provides a special defence to the registered proprietor and is inferred from the existence of special circumstances.47. that the proprietor's intention to abandon the trademarks is a necessary component of their non user justifying their removal, was recognized as early as 1884 by chitty, j. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2003
Reported in : 2003(2)ALD(Cri)810; 2003(2)ALT(Cri)351; JT2003(7)SC302; 2003(6)SCALE181; (2003)10SCC586; 2003(2)LC1288(SC)
..... method of proof in a case like this, cannot be on the lines of a crime under the provisions of ipc inasmuch as sub-section (2) of section 3 and section 4 of the act engrafts the statutory presumptions to be drawn from the facts and that this would make all the difference in the nature of consideration required in ..... violence to the language, scheme underlying and the very object of the said provision besides rendering otiose or a dead letter the specific provision engrafted in sub-section (2) of section 3 of the act. in view of this, the decision of the single judge of the high court in 1993 crl.l.j. 2984 (supra) cannot be said ..... cause to be done the illegal act. for an offence under section 120b the prosecution need not necessarily prove that the perpetrators expressly agreed to do or cause to be done the illegal act; the agreement may be proved by necessary implication. in this case, the fact that the appellants were possessing and selling explosive substances without a valid licence for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2003
Reported in : AIR2003SC3524; 2003(3)ALD113(SC); 2003(51)BLJR1663; JT2003(4)SC19; (2003)3MLJ92(SC); 2003(3)SCALE772; (2003)10SCC449; [2003]3SCR505
..... any event,the high court should have taken note of its limited jurisdiction in terms ofsection 50(1) of the karnataka rent control act and section 18 of thekarnataka small causes court act. we may observe that a finding of factbased on oral evidence is not ordinarily set aside even by an appellate courtsave and except on ..... cogent reasons.18. mr. sampath anand shetty, the learned counsel appearing on behalfof the first respondent, however, would submit that in terms of section 30 of the karnataka rent control act, 1961 as an independent title was not provedby the appellant in respect of the premises in question, he was bound to beevicted in terms thereof ..... hrrp no. 783/99 whereby andwhereunder a revision petition filed by the respondent no. 1 herein purportedto be under section 50(1) of the karnataka rent control act read withsection 18 of the karnataka small causes court act questioning an orderdated 10.6.1999 passed in miscellaneous petition no. 257/96 by the smallcauses judge, bangalore .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-21-2003
Reported in : AIR2003SC3024; 2003(4)AWC2685(SC); JT2003(6)SC14; (2003)IIILLJ215SC; 2003(5)SCALE321; (2003)6SCC528; 2004(1)SLJ431(SC); (2003)2UPLBEC1830
..... the validity and correctness of the order dated 2.1.1999 under which the appellant was asked to show-cause why prosecution should not be launched under section 14-a of the act. 2. the high court by the impugned common order dismissed writ petition nos. 2109 of 1997 and 41787 of 1998 concurring with the findings recorded by ..... the labour court. writ petition no. 1654 of 1999 was disposed of directing no further action for initiating criminal proceedings under section 14-a of the act if the appellant deposited a sum of rs. 2,17,000/- within a period of one month and in the event of failure of depositing the amount ..... substance and in real-life terms, by another. the management's adventitious connections cannot ripen into real employment.'11. the definition of 'employer' given in section 2(i)(iv) of the act is an inclusive definition. if the respondents-workmen as a matter of fact were employed with the appellant to work in their premises and which fact is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-2003
Reported in : AIR2003SC2322; 2003(4)ALT9; JT2003(4)SC127; 2003(4)SCALE209; (2003)5SCC585; [2003]3SCR870
..... minor sons and their unmarried minor daughters. unmarried major daughters are not included in the definition of the 'family unit'.5. 'ceiling area' is prescribed under section 4 of the act. section 4 along wit explanation reads as follows:-'(1) the ceiling area in the case of family unit consisting of not more than five members shall be an ..... . appellant no. 6 got married on 29.8.1986 and the appellant no. 7 remained unmarried. the contention of the appellants' counsel is that section 29a of the hindu succession act being applicable to the state of andhra pradesh, the daughters are to be treated as members of the co-parcenery and they are entitled to equal ..... been fixed treating them as additional members of the family. however, the high court rejected the plea of the appellants and held that the amendment to section 29 of the hindu succession act will not after the position and the appellants herein are not entitled to get any additional share.3. in order to appreciate the contention of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-11-2003
Reported in : AIR2004SC187; 2003(4)ALD97(SC); 2003(4)ALLMR(SC)364; JT2003(5)SC413; (2003)IIILLJ1SC; 2003(5)SCALE208; (2003)6SCC277; 2003(2)LC1358(SC); (2003)2UPLBEC1852
..... shri ravindra gupta, joint secretary, ministry of civil aviation to shri rajan jaitly, managing director, air india limited have also been reproduced above.62. section 34 of the act of 1953 enables the central government to give directions to the corporation on 'the exercise and performance by the corporation of its functions. the corporation is ..... includes power to make directions for regulating terms and conditions of services of officers and servants of the corporation. the valid exercise of power under section 34(1) of the act of 1953 and its mandatory effect on air india, therefore, cannot be questioned.63. on behalf of the respondents/associations, in these appeals, it ..... is a personal letter from joint secretary, ministry of civil aviation to managing director, air india limited and cannot be treated as a directive under section 34 of the act of 1953. it is also argued that the said clarificatory letter cannot be treated as a letter of the central government clarifying or modifying its .....
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