Court : Supreme Court of India
Decided on : Dec-12-2006
Reported in : 2006(13)SCALE467; (2007)1Crimes321; 2007(1)KCCRSN23(SC); (2007)12SCC230
..... mamata dutta are concerned, the only evidence against them was the judicial confession of mrinal dutta. the same was admissible against them only under section 30 of the indian evidence act.section 30:69. it is not in dispute that apart from general evidence in regard to commission of forgery etc., only evidence of involvement ..... of the high court to award death penalty, observed:the very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of government of india and engaging into a combat with security forces ..... admissibility in evidence. if the confession appears to the court to have been caused by any inducement, threat or promise such as is mentioned in section 24, evidence act, it must be excluded and rejected brevi manu. in such a case, the question of proceeding further to apply the second test does not arise .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1599; (2006)3GLR2304; JT2006(4)SC34; 2006(3)SCALE414; (2006)4SCC584
..... rival political parties at subhash sarobar and the case was registered as case no. 111 of 2001 for offences punishable under sections 148, 149 and 336 ipc read with sections 3 & 5 of explosive substances act, 1908 against the deceased and others and investigation started. the appellant, along with other police officers, rushed to the spot ..... what is relevant for our purpose is to notice that investigations into the two crimes registered, namely, case no. 111 under sections 148, 149, 336 ipc read with sections 3 and 5 of explosive substances act and case no. 112, registered on the complaint made by the complainant herein on 11.5.2001, have not been completed ..... being phoolbagan police station case no. 111 dated 10.5.2001 against 20/30 persons including robindranath das under section 148/149/336 of the india penal code and section 3 and 5 of explosive substance act.that the petitioner submits that initially the opposite party no. 1 lodged an information against some unknown police personnel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2006
Reported in : AIR2006SC2157; 2006CriLJ2791; 130(2006)DLT602(SC); JT2006(5)SC468; 2006(5)SCALE682; (2006)5SCC584
..... placed by mr. mishra on bhoop ram v. state of u.p. : 1990crilj2671 , wherein the appellant was treated to be a child within the meaning of section 2(4) of the act; upon taking into consideration three factors: (i) that the appellant had produced a school certificate and correctness whereof was not questioned; (ii) the learned trial judge ..... was upon the election petitioner but for proving the facts which were within the special knowledge of the respondent, the burden was upon him in terms of section 106 of the evidence act. it is also trite that when both parties have adduced evidence, the question of the onus of proof becomes academic [see union of india v. sugauli ..... basis of the materials on records. it will be a matter of appreciation of evidence adduced by the parties. different standards having regard to the provision of section 35 of the evidence act cannot be applied in a civil case or a criminal case. mr. mishra, however, would urge that while in a civil dispute a strict proof may .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2006
Reported in : JT2006(3)SC544; (2006)143PLR159; 2006(3)SCALE178; (2006)3SCC620; [2006]145STC350(SC)
..... 2 ch. 1]. a retrospective effect to an amendment by way of a delegated legislation could be given, thus, only after coming into force of sub-section (2a) of section 64 of the act and not prior thereto.35. by reason of note 2, certain rights were conferred. although there lies a distinction between vested rights and accrued rights as by ..... dates. furthermore, on 6.09.1996, civil construction work started at site. plans submitted by the appellant for getting permission for storage of hexane were sanctioned by the explosives department on 19.9.1996 and licence was finally given on 11.3.1997. on 26.09.1996, process of installation of the plant started at the site. on ..... a promise. it was held:in this case the scheme being notified under the power in the state government to grant exemptions both under section 15 of the rst act and section 8(5) of the cst act in the public interest, the state government was competent to modify or revoke the grant for the same reason. thus what is granted .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-18-2006
Reported in : 2006(194)ELT3(SC); JT2006(1)SC385; 2006(1)SCALE327; (2006)2SCC351
..... the duty payable thereon. as far as the explanation is concerned, the inputs are restricted to inputs notified under rule 57a. there is no dispute that both explosives and limestone are notified under section 57a for manufacture of the final product viz. cement.5. the next relevant rule is rule 57f. what we are concerned with is sub-rule (4) ..... 1. the question whether the decision in jaypee rewa cement v. cce : 2001ecr193(sc) would apply to the cenvat rules 2000 framed under the central excise tariff act 1985 (referred to as the 'act') is to be decided on a reference made in this case. a bench of two judges of this court in commissioner of central excise, jaipur v. j ..... (hereinafter referred to as the cenvat credit) of.-(i) the duty of excise specified in the first schedule to the central excise tariff act, 1985 (hereinafter referred to as the said first schedule) , leviable under the act;(ii) xxx xxx xxx xxx(iii) xxx xxx xxx xxx(iv) xxx xxx xxx xxx(v) xxx xxx xxx xxxpaid on any inputs .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-10-2006
Reported in : AIR2006SC3699; 2006(2)AWC1162(SC); 2006(1)JKJ42[SC]; JT2006(2)SC294; 2006(2)SCALE284; (2006)3SCC129
..... behalf of' each of the manufacturers and enclosed a draft of the undertaking to be signed. finally, the letter stated:.your (m/s indian explosives ltd.) willingness to participate in the retention price scheme communicated, and undertaking the enclosed form duly executed by a competent authority on behalf of ..... appellant') is engaged in the business of manufacturing and selling urea (a fertilizer). in 1993, the first appellant acquired the urea plant of m/'s indian explosives ltd. (a unit of ici india ltd.). the second appellant is a shareholder in the first appellant-company (hereinafter, collectively 'the appellants').4. in 1957 ..... notified fertilizers (including urea) as an 'essential commodity', under the essential commodities act, 1955 (hereinafter 'the ec act'). the fertilizer (control) order, 1957 (hereinafter 'the fertilizer (control) order') was made in exercise of the powers conferred by section 3 of the ec act. the fertilizer (control) order has been revised from time to time. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-21-2006
Reported in : (SCSuppl)2006(4)CHN148; 103(2007)CLT62(SC); [2007(1)JCR95(SC)]; JT2006(7)SC539; 2006(8)SCALE252
..... fact this is an absolute public debuttor estate with religious and charitable in nature and that estate will enjoy the protection as given by w.b.l.r. act, 14m sub-section 5. (underlined for emphasis)12. similarly, in the writ petition filed one of the prayers was as follows:a writ of and/or in the nature ..... shows the character of the endowment.7. per adjudication of the controversy, certain provisions and factual aspects need to be noted. section 5 of the acquisition act deals with effect of notification issued under section 4 of the acquisition act. section 6(1) is of significance and reads as follows:6. 'right of intermediary to retain certain lands - (1) notwithstanding ..... the endowment was of public nature exclusively for charitable and religious purpose and therefore was entitled to retain 7 standard hectares of land in terms of section 14m(6) of the act. challenging the said order, an application numbered as o.a. 328 of 2002 was filed by the shebaits of the said deity before the west .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2006
Reported in : AIR2006SC1622; JT2006(4)SC167; (2006)3MLJ313(SC); 2006(3)SCALE460; (2006)4SCC517
..... extended nor be renewed. rule 15 provides for absolute prohibition or regulation of quarrying or removal of sand from riverbeds to which madras river conservancy act, 1884 has been extended and for regulating the quarrying or removal of sand from beds of river in charge of the public works department. the form ..... it is submitted that termination of all leases/permissions relating to quarrying of sand, as a class, under rule 38a, is a legislative act and not an executive act and therefore, section 4a(3) has application. it is submitted that rule 38a being a delegated legislation, legislative in character, is not open to question ..... minerals, and empowering central/state government to reserve areas for mining operation by government companies/corporations, specifically exclude areas already held under mining leases. even, section 17 while referring to the power of the central government to undertake mining operations exclusively in any area, excludes areas already held under mining leases. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-03-2006
Reported in : 2006(4)ALT60(SC); 2006(2)AWC2000(SC); (2006)2MLJ440(SC); 2006(4)SCALE33; (2006)9SCC725; 2006(1)LC415(SC)
..... court from the date on which the possession of the lands was taken till the payment of such excess amount into court. reference was also made to section 33 of the said act on account of the fact that the appellant had been directed to deposit in court the amount determined as compensation by the reference court which amount had been ..... the court are to be paid to the persons entitled to such deposits.13. mr. viswanathan, learned advocate, who appeared for the respondent no. 1, referred to section 28 of the act to bolster the claim of the respondent no. 1 that in addition to the compensation as quantified by this court earlier, the respondent no. 1 was also entitled to ..... was submitted that the claim of the said respondent no. 1 for payment of interest on the sum quantified by the order of this court in terms of section 28 of the act was misconceived and the high court had also misconstrued the purport of the order passed by this court on 7th december, 1999. mr. reddy submitted that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-13-2006
Reported in : AIR2007SC471; 2007(2)ALD1(SC); 2007(1)AWC524(SC); [2008(2)JCR55(SC)]; JT2007(1)SC24; 2006(11)SCALE482; 2006AIRSCW5879; 2007(1)SCC641
..... rent to which he was entitled in law in appropriate proceedings. the appellant has failed to point out any infirmity as far as notification under section 4 and consequent declaration under section 6 of the act. section 4 of the notification is usually assailed on the ground of public purpose. therefore, we deem it appropriate to enumerate the concept of public ..... and partly at the expense of within the aforesaid ward of the calcutta municipal corporation in the city of calcutta.this declaration is made under the provision of section 6 of act 1 of 1894/read with the said notification, to all whom it may concern.a plan of the land may be inspected in the office of the ..... public purpose at the public expense within the aforesaid ward of the calcutta municipal corporation in the city of calcutta.this notification is made, under the provisions of section 4 of act i of 1894 to all whom it may concern.a plan of the land may be inspected in the office of the first land acquisition officer, calcutta, .....
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