Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC1761; 2006CriLJ2133; JT2006(4)SC356; 2006(2)KLT682(SC); 2006(4)SCALE134; (2006)9SCC394; 2006(1)LC493(SC)
..... purpose.14.1 yet again in bishna @ bhiswadeb mahato and ors. v. state of west bengal : air2006sc302 , the afore-mentioned principle has been reiterated.15. section 149 of the indian penal code provides for vicarious liability. if an offence is committed by any member of an unlawful assembly in prosecution of a common object thereof or ..... up investigation and visited the scene of occurrence. he, thereafter, received the message as regard death of the said babu naidu, whereafter section 302 ipc was also added in the fir. keeping in view the nature of injuries suffered by p.w.2, a dying declaration was also recorded by a ..... thereafter were taken to virugambakkam police station. a first information report (fir) was lodged. thereafter, they were referred to royapettah hospital. a case was registered for offences under sections 147, 148, 448, 326 and 307 of the indian penal code.(c) on the basis of the said fir, p.w.19-venkateswaran, the inspector of police, took .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2006
Reported in : AIR2006SC1736; 2006CriLJ2120; JT2006(4)SC288; 2006(4)SCALE92; (2006)9SCC57
..... , however, not obliviously that in bishna @ bhiswadeb mahato and ors. v. state of west bengal reported in : air2006sc302 ], it was stated: for the purpose of attracting section 149 and/or 34 ipc, a specific overt act on the part of the accused is not necessary. he may wait and watch inaction on the part of an accused; may some time go a ..... murder of two persons must be considered.22. in our opinion, the high court committed a manifest error in invoking section 34 of the code. once it was held that the appellants were liable to be convicted only for their individual acts, the question was required to be addressed, in our opinion, differently. the high court failed to consider the question that ..... thereof.(b) if the appellants, in view of the findings of the high court, were liable for the individual acts, section 34 of the code could not have been invoked, particularly in view of the fact: (i) none of the appellants were armed.(ii) they were not aware as to whether .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2006
Reported in : 2006(1)ALD(Cri)801; [2007(1)JCR99(SC)]; JT2006(4)SC454; 2006(4)SCALE232; (2006)10SCC480
..... with the livelihood of persons surviving on the resources of this lake. lastly, the preliminary notification was issued as far back as in 1995 under section 18 of the act. therefore, the objectors were put to notice about the future course of action. therefore, it is not open to the objectors now to say ..... and their maintenances by providing sufficient number of vents for the roads existing at the time of notification of kolleru wild life sanctuary under section 18 of wild life (protection) act, 1972 without permitting new roads and culverts.(7) right to maintain existing water courses and drains necessary to avert submersion of agricultural lands ..... arguments 9. the basic argument advanced on behalf of the objectors is that acquisition is the basis for issuance of notification/official declaration under section 26a of the said 1972 act. it is submitted that although final notification has been upheld, the terms and conditions of the notification indicate that demolition of bunds can only .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2006
Reported in : AIR2006SC1806; (2006)6CompLJ1(SC); [2006(3)JCR36(SC)]; JT2006(4)SC420; 2006(4)KarLJ29; (2006)IILLJ722SC; (2006)2MLJ326(SC); 2006(4)SCALE197; (2006)4SCC1; 2006(3)SLJ1(SC)
..... )iiillj780sc , a three judge bench made a survey of the authorities and held that when appointments were made in contravention of mandatory provisions of the act and statutory rules framed thereunder and by ignoring essential qualifications, the appointments would be illegal and cannot be regularized by the state. the state could not ..... result in perpetuating illegalities and in the jettisoning of the scheme of public employment adopted by us while adopting the constitution. the approving of such acts also results in depriving many of their opportunity to compete for public employment. we have, therefore, to consider the question objectively and based on ..... for equality of opportunity in matters of public employment. buttressing these fundamental rights, article 309 provides that subject to the provisions of the constitution, acts of the legislature may regulate the recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2006
Reported in : AIR2006SC1874; 2006(2)AWC2061(SC); II(2006)BC579(SC); [2006]131CompCas303(SC); JT2006(4)SC579; 2006(4)KarLJ276; (2006)3MLJ5(SC); RLW2006(3)SC2105; 2006(4)SCALE368; (2006)11
..... the relevant statutory provisions, the terms of the guarantee and the decision of this court relied on by both parties.5.1 section 126, 128, 129 and 130 of contract act, 1872 are extracted below:section 126. 'contract of guarantee,' 'surety,' 'principal-debtor' and 'creditor' - a 'contract of guarantee' is a contract ..... transactions is called a 'continuing guarantee.section 130. revocation of continuing guarantee - a continuing guarantee may at any time be revoked by the surety, as to future transactions, by notice to the creditor.5.2 the relevant articles in the schedule to the limitation act, 1963 are extracted below:---------------------------------------------------------------------------------article ..... could be said to have commenced running. limitation would only run from the date of breach under article 115 of the schedule to the limitation act, 1908. when the bombay high court considered the matter in the first instance and held that the suit was not barred by limitation. j. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-2006
Reported in : AIR2006SC2550; [2006]283ITR1(SC); JT2006(4)SC611; 2006(4)SCALE300; (2006)7SCC241; [2006]145STC544(SC)
..... submission, shri p.p. rao, learned senior counsel for the state, contended that in view of the amendment made by act 18 of 2003 adding an explanation to section 22 of the impugned 2000 act clarifying that the tax collected shall be utilized for developing and maintaining infrastructure facilities useful for free flow of trade, the question ..... thus, we have the difference between taxing and regulatory laws. this is how the concept of 'regulatory charges' came about.26. article 301 is inspired by section 92 of the australian constitution when it refers to freedom of trade and commerce, however, article 301 is subject to limitations and conditions in articles 302, 303 ..... and, therefore, the impugned levy which is compensatory in nature, as can be seen from section 22 of the said act, does not attract article 301 and article 304(a) of the constitution. learned counsel submitted that section 22 of the act was amended on september 30, 2003 clarifying that the tax levied and collected shall be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-2006
Reported in : AIR2006SC1946; 2006(1)ALD(Cri)777; 2006(3)ALD42(SC); JT2006(5)SC18; 2006(II)OLR(SC)1; 2006(4)SCALE336
..... a comprehensive health programme, supplementary nutrition for mothers and children, promotion of physical education and recreational activities, special consideration for children of weaker sections and prevention of exploitation of children.5. india acceded to the un convention on the rights of the child in december 1992 to reiterate its ..... , as aforenoted, have been taken over the years in furtherance of the rights of the child. we may again refer to the juvenile justice act which provides for the care and rehabilitation of neglected and delinquent children, under specially constituted juvenile welfare boards/courts. it provides for institutionalization of such ..... a-vis the judiciary, legal aid authorities, the department of women and child development/welfare and the juvenile justice administration (under the juvenile justice act) and the probation department in relation to the welfare measures that can be taken for children of undertrial and incarcerated prisoners, both living within .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2006
Reported in : AIR2006SC3615; [2006(110)FLR15]; JT2006(4)SC593; (2006)IILLJ824SC; 2006(4)SCALE362; (2006)9SCC623; 2006(3)SLJ190(SC)
..... in terms of the fifth schedule to the act under section 2(ra) as per sr. no. 13 consequences flow for failure to implement the award, settlement or agreement. there is no dispute that the board's ..... as noted above there was no challenge to the settlement which was the foundation for the board's decision. a copy of the memorandum of settlement under section 12(3) of the act before the joint commissioner and labour and state conciliation officer, government of andhra pradesh, hyderabad was placed on record. on the basis of the settlement, the ..... settlement. undisputedly, the three stagnation increments deducted from personal pay have been added to the basic pay. there was no challenge to the settlement made under section 12(3) of the act. no finding has been recorded by either learned single judge or the division bench that the modality adopted is wrong. it has to be noted that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2006
Reported in : AIR2006SC3456; 2006(2)ARBLR83(SC); 2006(3)AWC2262(SC); (2007)1CALLT18(SC); [2006]131CompCas326(SC); (2006)5CompLJ191(SC); 2006(3)CTC557; [2006(3)JCR3(SC)]; JT2006(5)SC203;
..... / chairperson of the arbitral tribunal under the arbitration agreement. it has been placed before me as the person designated by the chief justice to act under section 11(6) of the act.2. the respondent-company has a lease of the land situated at plot no. a-11, sector-62, noida from the new okhla ..... india limited (the petitioner-company) and another company, known as, rodemadan holdings ltd., and also a shareholder in the respondent- company. he contends that section 299 of the companies act, 1956 contemplates that:every director of a company who is in any way, whether directly or indirectly, concerned or interested in a contract or arrangement, ..... merits of the claims involved in the arbitration. the chief justice has to decide whether the applicant has satisfied the conditions for appointing an arbitrator under section 11(6) of the act. [ibid. at pp. 660-661 (paragraph 39), per balasubramanyan, j.]i am, therefore, required to decide whether the preliminary conditions necessary for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2006
Reported in : 2006(197)ELT146(SC); JT2006(5)SC6; 2006(4)SCALE356; (2006)4SCC786
..... company. notification no. 59/90-ce dated 20th march, 1990 has been issued by the central government in exercise of the powers conferred under sub-section (1) of section 5a of the central excises and salt act, 1944 (1 of 1944), exempting certain goods specified in column (3) of the table annexed thereto and under sub-heading no. (3) ..... lokeshwar singh panta, j.1. this statutory appeal is filed by m/s indcon structurals (p) limited under section 35l(b) of the central excise act, 1944 (hereinafter referred to as 'the act') against the final order no. 1557/2000 dated 14th november, 2000 of the customs, excise and gold (control) appellate tribunal (for short 'the cegat'), chennai, in appeal ..... of the schedule to the central excise tariff act, 1985 (5 of 1986) specified in column (2) of the said table, from so much of that .....
Tag this Judgment!