Court : Supreme Court of India
Decided on : Dec-16-2003
Reported in : 2004(1)ALD(Cri)99; 2004(1)CTC390; JT2003(10)SC371; 2004(1)KLT513(SC); 2004(2)MhLj358; 2004MPLJ231(SC); 2003(10)SCALE74; (2004)2SCC203
..... james martin faced trial along with his father-xavier for alleged commission of offences punishable under sections 302, 307,324 read with section 34 and section 326 read with section 114 ipc and sections 25(b)(1) of the arms act, 1959 (in short 'the act') and sections 27 and 30 thereof. learned sessions judge, n. paravur, found the present appellant ( ..... was the threat of more violence to the person and properties, that the events taking place generated a sort of frenzy and excitement rendering the situation explosive and beyond compromise. despite all these to expect the accused to remain calm or to observe greater restraint in the teeth of the further facts found ..... property of the accused was not only imminent but did not cease, and it continued unabated. not only there were acts of vandalism, but also destruction of property. the high court noticed that explosive substances were used to destroy the properties of the accused, but did not specifically answer the question as to whether .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... trade. no doubt conditions restrictive of freedom of trade among the states will frequently involve a discrimination; but that is not essential or decisive. an act may contravene section 92 though it operates in restriction both of intra-state and of inter-state trade.'149. however, in india part xiii of the constitution relates both ..... but it would depend upon the nature of the mischief which is sought to be remedied. for the aforementioned purpose dealing in liquor, trading in dangerous goods as explosives, trafficking in women, toutism, essential commodities and realisation of tax have been placed in the same category. [see har shankar v. dy excise commer. of taxation ..... impermissible.81. a subsidiary question which arises for consideration is as to whether the state of punjab, having regard to section 33a of the punjab act, could levy such duty. in sub-section (1) of section 33a provision has been made permitting the state to continue to levy any duty which it had lawfully been levying .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-31-2003
Reported in : 2003(3)BLJR2330; 2004CriLJ640; JT2003(8)SC404; (2003)12SCC606
..... two of them namely laxmi yadav and badri yadav were found guilty of offence under section 3 of the explosive substance act, 1908 (in short 'explosive act'). life sentence was imposed by offences relatable to section 302 or section 302 read with section 149. custodial sentence of various magnitudes were imposed for other offences. since prabhu nath was absconding, his trial was separated ..... of occurrence immediately after the 'explosion and, therefore, the fact that they did not see the eye-witnesses cannot be a factor to doubt their presence. so far as the medical evidence is concerned ..... of pws 2 and 4 ruling out presence of so-called eye witnesses is concerned it was pointed out that the witnesses have clearly stated that after the explosion they went away being afraid and shocked, and came back after a short time. the evidence of pws 2 and 4 shows that they reached, the spot .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2003
Reported in : AIR2004SC1344; 2003(3)ARBLR361(SC); JT2003(Suppl2)SC300; 2003(8)SCALE424; (2004)9SCC619; [2003]48SCL344(SC)
..... in kuju collieries ltd. v. jharknand mines ltd. and ors. : [1975]1scr703 this court held that in relation to a contract which is hit by section 23 of the contract act section 75 and section 70 of the contract act shall not apply. only in a case where a contract has become void due to subsequent happenings, the advantage gained by a person should be ..... one of three possible reasons would have imputed negligence to the shipowners. it was held by the house of lords that, since the charterers were unable to prove that the explosion was caused by the fault of the owners, the defence of frustration succeeded and the contract was discharged. it should perhaps be rioted that in many cases a self- ..... never explained. the rule is open to the objection that the charterer is much less likely than the owner to be able to show how the explosion occurred. this reasoning does, indeed, prevail in one group of cases: a person to whom goods have been bailed, and who seeks to rely on their destruction as a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2003
Reported in : 97(2004)CLT489(SC); JT2003(Suppl1)SC586; 2003(8)SCALE107; (2003)12SCC257; 2004(1)LC62(SC)
..... 1. appellant was found guilty of offences punishable under section 5 of terrorist and disruptive activities (prevention) act, 1987 (in short the 'tada act'), sections 4 and 5 of the explosive substances act, 1908 (in short the 'explosive act') and section 9b of explosives act, 1884 (in short the 'act') read with rule 115 of the explosives rules, 1983 (in short the 'rules'). 2. ..... with sections 3(1), 5 and 6 of tada act, sections 3, 4 and 5 and 6 of the explosives act and section 9b of the act and section 3(3) and 6 of tada act, sections 4 and 5 and 6 of explosive act and section 9b of the act. accused krishna gopal soni has committed offence punishable under section 9b of the act.15. ..... him and he was falsely implicated.16. learned trial judge found the accused guilty for offences punishable under section 5 of the tada act, sections 4 and 5 of the explosive act and section 9b of the act, after considering the evidence. he was sentenced to undergo five years imprisonment and to pay a fine of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-23-2003
Reported in : AIR2003SC3362; 97(2004)CLT393(SC); 2003CriLJ4974; JT2003(Suppl2)SC420; 2004(2)MhLj36; 2004MPLJ46(SC); 2003(8)SCALE39; (2003)8SCC90; 2004(1)LC172(SC)
..... is arrayed as accused no. 4 along with 8 other accused persons was charged for various offences like section 3(3) of the tada act, section 120b read with sections 5 and 6 of the explosive substances act section 9b and 9c of the said. explosive act. of the said 9 accused, 3 had pleaded guilty before the tada court and their case was ..... appellant herein was accused no. 4 in the said case and has been held guilty of an offence punishable under section 120 ipc, sections 3 and 6(1) of the tada act, section 5 of the explosive substances act, 1908 read with section 120b ipc and had been sentenced to a maximum sentence of 5 years' ri under the main count and has ..... our earlier judgment reported in 2003 (4) scale 402, we held thus :(i) if the confessional statement is properly recorded, satisfying the mandatory provision of section 15 of the tada act and the rules made thereunder, and if the same is found by the court as having been made voluntarily and truthful then the said confession is sufficient .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-19-2003
Reported in : AIR2003SC3342; 2003(2)ALD(Cri)761; 2004(1)ALT12(SC); 2003CriLJ4967; [2004(1)JCR188(SC)]; JT2003(Suppl2)SC264; 2003(7)SCALE643; (2003)11SCC293
..... of the penal code and sentenced to undergo rigorous imprisonment for a period of two years. respondent nos. 1, 2 and 4 were also convicted under section 3 of the explosive substances act and each one of them was sentenced to undergo rigorous imprisonment for two years. all the sentences, however, were ordered to run concurrently. so far as the other ..... prosecution case inasmuch as when immediately after registering the case, he inspected the place of occurrence, dead body was found in the field in question together with signs of bomb explosion.9. turning now to the ocular version of the occurrence given by pws 1 to 4, who claim to be eyewitnesses, it may be stated that pws 1 and ..... 1/2' x 1/2'. blackening of skin present.8. according to the doctor, all the injuries except injury nos. 2, 5 and 7 could have been caused by explosion of country made bomb whereas injury nos. 2,5 and 7, which were incised wounds, could be by sharp edged weapon like hunting sickle. the doctor opined that the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-2003
Reported in : 2003(156)ELT625(SC); JT2003(7)SC196; 2003(3)KLT655(SC); 2003(6)SCALE393; (2003)7SCC270; (2003)3UPLBEC2652
..... in respect of the following categories of goods, namely:-a) gold/silver bullion and goods which are notified or specified under the customs act, 1962;b) arms and ammunition, explosives;c) opium and other narcotic drugs;d) goods not declared which are seized in the customs area or customs waters; ande) freely ..... by the appropriate authorities (such as tribunal, fera board, etc.) resulting in the upholding of confiscation, demand, fine penalties, etc. imposed under the respective acts.7. to whom reward may be paid7.1 ordinarily, informers and government servants (upto the level of group 'a' superintendents/assistant collectors of customs and central ..... the appellant-government not only authorized the state police authorities to effect seizure and investigation of cases under the central excise & salt act, customs act, gold control order and foreign exchange regulation act, to present smuggling of gold and other articles through the coastal areas of kerala, as well as in other parts of the .....
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 : Jul-30-2003
Reported in : AIR2003SC3057; 2003(4)ALLMR(SC)707; 2003(4)AWC2920(SC); 2003(3)CTC620; JT2003(6)SC283; (2003)135PLR531; 2003(5)SCALE602; (2003)8SCC369
..... : [1988]1scr1 .15. incidentally it may be noted that so far as the state of haryana is concerned, in the haryana municipal act, 1973 (act no. 24 of 1973) section 13a has been inserted to make a provision for similar disqualification for a person from being chosen or holding the office of a member of ..... the poverty line. the laudable goals spelt out in the directive principles of state policy in the constitution of india can best be achieved if the population explosion is checked effectively. therefore, the population control assumes a central importance for providing social and economic justice to the people of india (usha tandon, reader, ..... then have not been realised. (population policy and the law, ibid, pages 44-46).37. the above facts and excerpts highlight the problem of population explosion as a national and global issue and provide justification for priority in policy-oriented legislations wherever needed.38. none of the petitioners has disputed the legislative competence .....
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