Court : Supreme Court of India
Decided on : Aug-13-2003
Reported in : AIR2003SC3601; 2003CriLJ3901; JT2003(7)SC399; RLW2004(1)SC53; 2003(6)SCALE489; (2003)8SCC180; 2003(2)LC1501(SC)
..... on the basis of information lodged investigations were undertaken and on completion thereof charge sheet was filed stating that offences punishable under section 302 ipc and section 27 of indian arms act, 1959 (for short 'arms act') were committed, the appellant was described as assailant. in order to further its version, 7 witnesses were examined. the prosecution ..... at jodhpur bench, holding that the respondent was innocent and was entitled to acquittal from the charges leveled against him for alleged commission of offence punishable under section 302, indian penal code, 1860 (for short ipc). the accused was held to be guilty by the learned additional session judge, hanumangarh who awarded a ..... to the fine of rs. 5000. however, it was found that the accusations relating to section 27 of the arms act were not established. as death sentence has been awarded, a reference was made to the high court under section 366 of the code of criminal procedure, 1973 (in short the 'code') for confirmation. .....
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-11-2003
Reported in : 2003(2)ALT(Cri)305; JT2003(7)SC139; 2003(6)SCALE284; (2003)9SCC464
..... an appeal preferred against the judgment and order passed by the madhya pradesh high court dismissing the appeal of the appellant and maintaining the sentence of imprisonment for life under section 302 ipc as awarded by the first additional sessions judge, alirajpur in sessions trial no. 381/95.2. the prosecution story in that on 11.2.1994 some time in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-11-2003
Reported in : 2003(2)ALD(Cri)497; JT2003(7)SC114; 2003(6)SCALE254; (2004)9SCC193
..... basis that another view was possible on the same set of facts. he contended that though the high court while entertaining an appeal under section 378(3) of the code of criminal procedure acts as an appellate court on facts also still it ought not to have reversed a finding of fact arrived at by the trial court which ..... the certificate ex. p-22 and who was not available to be examined.4. after completing the investigation, accused were committed for trial for an offence punishable under section 302 and other offences before the sessions court, ernakulam which trial then stood transferred to the iii additional sessions court at north perumbavoor. at the trial since the 7th ..... the two appellants herein who were accused nos. 1 and 2 before the iiird additional sessions judge, ernakulam, are in appeal before us in this appeal filed under section 379 of the code of criminal procedure. the appeal is filed against the judgment of the high court of kerala at ernakulam made in criminal appeal no. 41 of .....
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 : Aug-08-2003
Reported in : 2003(5)ALD77(SC); 2004(5)ALLMR(SC)171; 2003(3)BLJR1980; 2003(4)CTC122; [2003(4)JCR135(SC)]; JT2003(3)SC81; 2003(4)MhLj1; (2004)1MLJ14(SC); 2003MPLJ546(SC); 2003(6)SCALE167;
..... other contesting defendants that rajathiammal inherited the properties not from her mother but also from her grand-mother and great grand-mother, and, therefore, section 15(1) of the act would only apply cannot at all be countenanced. 18. in the instant case, rajathiammal acquired her rights by virtue of compromise which is a ..... the first defendant/first respondent and other contesting respondents on the other hand. before we proceed further, it is useful to reproduce the relevant provision, namely, section 15 of the act, which reads thus: '15. general rules of succession in the case of female hindus.- (1) the property of a female hindu dying intestate shall ..... the other respondents is that on the death of rajathiammal, the sit properties devolved upon the heirs of the husband of rajathiammal, namely, mathukumarasamni under section 15(1) of the act in the absence of any issues to her. in the alternative, the respondents contended that rajathiammal executed a will, exhibit b-26, dated 15.06 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2003
Reported in : AIR2003SC3044; 2003(5)ALD36(SC); 2003(4)ALLMR(SC)761; 2003(5)ALT19(SC); 2003(4)CTC48; (2004)1GLR320; [2003(4)JCR174(SC)]; 2003(3)KLT490(SC); (2003)3MLJ60(SC); RLW2003(4)SC5
..... of the constitution, was traced in waryam singh & anr. v. amarnath & anr. (1954) scr 565. the jurisdiction can be traced back to section 15 of high courts act 1861 which gave a power of judicial superintendence to the high court apart from and independently of the provisions of other laws conferring revisionsal jurisdiction on the ..... the high court while proceedings under article 227 of the constitution are not original but only supervisory. article 227 substantially reproduces the provisions of section 107 of the government of india act, 1915 excepting that the power of superintendence has been extended by this article to tribunals as well. though the power is akin to ..... emperor, air 1933 bombay 1, the question arose before a special bench: whether the power of superintendence conferred on the high court by section 107 of government of india act 1915 can be controlled by the governor-general exercising his power to legislate. the occasion arose because of the resistance offered by the state .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-05-2003
Reported in : 2003(2)ALD(Cri)701; 2003(2)ALT(Cri)259; 2003(3)BLJR1959; 105(2003)DLT1013(SC); 2003(71)DRJ137; JT2003(8)SC17; 2003(6)SCALE97; (2003)7SCC121
..... to cover expressly pardons, reprieves and respites besides suspension and remissions.the question of inserting in the code a provision on the lines of section 69 of the criminal justice act, 1948, was raised during the discussion before us. it was suggested for example that if a person who was sentenced to imprisonment for ..... follows:4. respondent (also described as 'accused') was prosecuted for alleged commission of offence punishable under section 7, and section 13(1)(d) punishable in terms of section 13(2) of the prevention of corruption act, 1988 (for short 'the act'). the respondent was found guilty by additional sessions judge, delhi and was sentenced to undergo rigorous ..... arijit pasayat. j. 1. leave granted.2. the only question raised in this appeal is whether the high court of delhi acted within the framework of law in exercising power available under section 433(c) of the code of criminal procedure, 1973 (for she(sic) 'code').3. factual position giving rise to the appeal is as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-2003
Reported in : 2003(6)ALD1(SC); [2003]117CompCas19(SC); (2003)4CompLJ185(SC); 2003(6)SCALE191; (2004)9SCC204; [2003]46SCL695(SC)
..... the price formed no part of the karar.148. coming to the reasoning of the division bench with regard to non-compliance with section 16 of the specific relief act, 1963. the section provides:'section 16. personal bars of relief.- specific performance of a contract cannot be enforced in favour of a person-xxxxx(c) who fails ..... of notice by any member shall not invalidate the proceedings at any general meeting.'88. the corresponding section in the 1956 act to section 81 of the indian companies act, 1913, is section 189. the relevant extract of section 81 of the 1913 act reads:'81. extraordinary and special resolutions.(1) a resolution shall be an extraordinary resolution when it ..... was posted, that it, ad in due course, reached the addresses. 'but, that is only a permissible and not an inevitable presumption. neither section 16 nor section 114 of the evidence act, compels the court to draw a presumption. the presumption may or may not be drawn. on the facts and circumstances of case, the court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-2003
Reported in : AIR2003SC3078; 2003(4)ALLMR(SC)777; 2003(3)BLJR2211; 2003(5)SCALE654; (2003)7SCC1; 2004(1)LC593(SC)
..... of the appellant that the government's decision to bring these important bulk drugs within price control is in accordance with the objectives underlying in section 3 of the essential commodities act, particularly, the interests of consumers. every attempt was made to examine the facts and figures by an expert group of the standing committee, ..... the dpco, 1995 which came into force on 6th january, 1995, was promulgated by the central government in exercise of the powers conferred by section 3 of the essential commodities act. it repealed the earlier dpco of 1987, under which more number of drugs were subjected to price control. 'drug' as defined in drugs & ..... cosmetics act is one of the essential commodities.2.2 according to section 2(a) of dpco, 'bulk drug' means any pharmaceutical, chemical, biological or plant product including its salts, esters, stereo-isomers and .....
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