Court : Supreme Court of India
Decided on : Apr-04-1989
Reported in : AIR1989SC1329; 1990CriLJ2671; 1989(2)Crimes294(SC); JT1989(2)SC105; 1989(1)SCALE799; (1989)3SCC1
..... sentenced to imprisonment for life besides concurrent sentence for lesser terms of imprisonment should have been treated as a 'child' within the meaning of section 2(4) of the u.p. children act, 1951 (u.p. act 1 of 1952) and sent to an approved school for detention therein till he attains the age of 18 years instead of being sentenced to ..... jayendra v. state of u.p. : 1982crilj1000 that where an accused had been wrongly sentenced to imprisonment instead of being treated as a 'child' under section 2(4) of the u.p. children act and sent to an approved school and the accused had crossed the maximum age of detention in an approved school viz. 18 years, the course to be ..... -1975 when the occurrence took place and as such he ought to have been treated as a 'child' within the meaning of section 2(4) of the u.p. children act 1951 and dealt with under section 29 of the act. we are persuaded to take this view because of three factors. the first is that the appellant has produced a school certificate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-07-1989
Reported in : AIR1989SC1367; [1989(58)FLR855]; JT1989(2)SC97; 1989(1)SCALE856; (1989)3SCC93; [1989]2SCR437; 1989(3)SLJ60(SC); 1989(2)LC258(SC)
..... lal v. state of rajasthan, : 1976crilj727 in support of his plea that the appellant was an officer. both these cases were with reference to the definition of 'public servant' in section 21 of the indian penal code. on principle, these decisions support the conclusion which we have reached.10. counsel appearing for the respondents did not attempt to contend that if ..... mr. rao's stand that an inspector or sub-inspector would indeed be an 'officer' inasmuch as under statutory orders made in exercise of powers conferred under the essential commodities act on the state government, authority has been vested in these categories of officers to exercise jurisdiction. black's law dictionary states:in determining whether one is an 'officer' or 'employee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-12-1989
Reported in : AIR1989SC1829; 1989(41)ELT3(SC); [1990]184ITR387(SC); 1989(1)SCALE968; 1989Supp(1)SCC541; [1989]2SCR444
..... to be prescribed by the rules and levy of the duty was to be made at the rates specified in the schedule to the act. in enacting section 3 of the act i.e. central excise and salt act, the parliament had empowered the rule making authority to prescribe by rules the manner of levy of duties and also the manner of ..... 1977 whereafter it was amended with effect from that date and the amended rule continued till 16-11-1980 whereafter it was enacted as section 11-a of the act by the amendment act 25 of 1978 and that section came into force with effect from 17-11-1980.6. mr. ambrish kumar, the learned counsel for the respondent submits that the learned ..... -making powers. the question, therefore, is whether the rule is valid.10. chapter ii of the act deals with levy and collection of duty. under section 3 of the act duties specified in first schedule to the act were to be levied. sub-section (1) of section 3, at the relevant time, read as follows:(1) there shall be levied and collected in such .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-1989
Reported in : AIR1990SC123; (1989)3SCC709; 1989(2)LC712(SC)
..... aforesaid, nor shall the service of such notice be deemed to prevent the government from taking any proceeding de novo in respect of the undertaking under this act.section 4 provides:4. vesting date. the tinsukia and dibrugarh electric supply undertakings shall be deemed to be transferred to and shall vest in the government, ..... , a person having adequate knowledge and experience in matters relating to accounts as special officer to assess the net amount payable under this act, after making the deductions enumerated in section 9.section 20 provides:20. arbitration. (1)where any dispute arises in respect of any of the matters specified below, it shall be determined ..... dealt with together.12. re: contentions (a) and (b):shri soli j sorabjee submitted that in the present case, notwithstanding the legislative declaration in section 23 of assam act x of 1973, the question whether there is any real nexus between the legislation and the principles envisaged in article 39(b) is justiciable and indeed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-1989
Reported in : AIR1989SC1582; JT1989(2)SC276; 1989LabIC1532; (1989)IILLJ161SC; 1989(1)SCALE996; (1989)3SCC132; [1989]2SCR454; 1989(3)SLJ50(SC); 1989(2)LC403(SC)
..... power to make ordinance and regulations) to any other officer or authority subject to provisions of the act and statutes. section 24(1) (xii) provides for delegation of power by the executive council. it states that the executive council may delegate any of its power (except ..... action,22. the other infirmity in the said resolution goes deeper than what it appears. the resolution was not in harmony with the statutory requirement. section 84 of the act provides for delegation of powers and it states that any officer or authority of the university may by order, delegate his or its power (except ..... . in order to appreciate these submissions, we must outline the statutory provisions of the matathwada university act, 1974 (called shortly 'the act'). section 8 specifies the officers of the university, the vice-chancellor is one of the officers. section 10 provides for appointment of the vice-chancellor. he shall be appointed by the chancellor and shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-19-1989
Reported in : AIR1989SC1737; 69(1990)CLT1(SC); JT1989(2)SC210; 1989(1)SCALE1069; 1989Supp(2)SCC312; [1989]2SCR604
..... law may well be an elusive and unsafe guide and the supposed spirit can certainly not be given effect to in opposition to the plain language of the sections of the act and the rules made thereunder. if all that can be said of these statutory provisions is that construed according to the ordinary, grammatical and natural meaning of ..... appellants also as individuals.9. it was then urged by learned counsel for the appellants that according to the definition of the term 'family' as contained in section 37(b) of the act, land of a married daughter is liable to be clubbed twice ; firstly, with that of her father and secondly, with that of her husband. according to ..... the appellants could not be clubbed with those of their father. this contention, however, was not accepted on the definition of the term 'family' contained in section 37(b) of the act. such of the major married sons who as such had separated by partition before the 26th day of september, 1970 as contemplated by the definition of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1989
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... be declared invalid.' (pp. 1008-1010) (of scr): (at p. 408 of air).f. das j., who upheld the validity if section 7 of act i, section 2 of act ii and both parts of section 2 of act iii, rested his conclusions on the following reasoning:(i) after expressing the opinion that the principle of non delegability of legislative powers founded either on ..... practical nature to support it and it does not seem to have been abrogated by the constitution.4. the learned judge, however, held that second part of section 2 of act 3 could not be held to be valid for the following reasons air 1951 sc 332:but i also consider that delegation of this kind cannot proceed beyond that ..... fit, to the province of delhi or any part thereof, any enactment which is in force in any pan of british india at the date of such notification.section 2 of act ii: the central government may, by notification in the official gazette, extend to the province of ajmer merwara with such restrictions and modifications as it thinks fit any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1989
Reported in : AIR1989SC1485; (1989)2GLR1378; JT1989(2)SC163; 1989(1)SCALE1039; 1989Supp(2)SCC440; [1989]2SCR687; 1989(2)LC121(SC)
..... , therefore, hold that the view taken by the high court that if the transaction in question is construed as covered by sub-clause (d) of clause (3) of section 2 of the act, the act would become void to that extent is not correct. we are of the view that the legislation has the effect of validly extinguishing the right of the respondents ..... , fire-wood and timber from the gir forest belonging to the state of junagadh had been declared in a decree (exhibit 21) passed by the rajasthanik court on april 14, 1884. by a further agreement dated 10th august, 1914 (exhibit 24) which had been arrived at between jiva vala, descendant of harsurvala and the state of junagadh, the state of junagadh .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-21-1989
Reported in : AIR1989SC1475; 1989CriLJ1479; JT1989(3)SC494; 1989(1)SCALE1045; 1989Supp(2)SCC672
..... be deemed to have committed gang rape within the meaning of this sub-section.10. this explanation has been introduced by the legislature with a view to effectively deal with the ..... the appellants. once it is established that the appellants had acted in concert and entered the house of the victims and thereafter raped pw 1 jaiboon nisa, then all of them would be guilty under section 376 ipc in terms of explanation i to clause (g) of sub-section (2) of section 376 ipc irrespective of whether she had been raped by one ..... or more them. the explanation in question reads as under :where a woman is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-27-1989
Reported in : AIR1989SC1492; JT1989(2)SC259; 1989(1)SCALE1123; (1989)3SCC72; [1989]2SCR748; 1989(2)LC179(SC)
..... to sell the house to srnt. leela wati, and that in the circumstances, the house cannot be said to constitute alternative accommodation for the purpose of section 14(1)(h) of the act. the rent control tribunal has found against the existence of any such oral agreement. upon that it would seem that it was only after obtaining possession on ..... for eviction was filed, the house, d-196, defence colony, new delhi, was no longer in the occupation of the appellant it was sufficient for the purpose of section 14(1)(h) that some time prior to the filing of the eviction petition the appellant had obtained possession of the house. the high court endorsed the view taken by ..... proceedings for her ejectment.2. the respondent, as landlord of the premises let to the appellant, filed a petition for her eviction on the ground set forth in section 14(1)(h) of the delhi rent control act, 1958, that is to say, that the appellant had 'acquired vacant possession of...a residence' after the commencement of the .....
Tag this Judgment!