Court : Supreme Court of India
Decided on : Nov-04-2003
Reported in : 2003(2)ALD(Cri)1038; JT2003(8)SC427; (2003)12SCC594; 2004(1)LC459(SC)
..... and that they inflicted injuries on pyara singh, cannot be and has not been disputed. the very case set out in the fir, the statements of the appellants under section 313 cr.p.c. coupled with the evidence of the prosecution which has been critically assessed by the high court leads to this irresistible conclusion. it is true that ..... to death.16. the accused other than appellants 1 to 3 can only be held responsible for their individual acts as it was a case of mutual fight. constructive criminal liability cannot be fastened on them with the aid of section 149. as far as the appellants 1 to 3 are concerned, they admitted to have inflicted injuries to pyara ..... part ii. exception (4) to section 300 posits that culpable homicide is not murder if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. the explanation thereto says--'it is immaterial in such cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-03-2003
Reported in : AIR2004SC115; 2004(1)ALD69(SC); 2004(5)ALLMR(SC)473; 2004CriLJ1249; [2004(2)JCR55(SC)]; JT2005(11)SC122; (2004)2MLJ46(SC); (2004)1SCC438
..... smt. latika bale dassi and ors., : [1955]2scr270 this court has held that in a proceeding for revocation of a grant of probate under section 263 of the succession act the previous judgment of the criminal court convicting the son of the murder of his father and sentencing him to transportation for life is not admissible in ..... to the property though the court is not necessarily a civil court'. the words 'until evicted therefrom in due course of law' as occurring in sub-section (6) of section 145' mean the eviction of the party successful before the magistrate, consequent upon the adjudication of title or right to possession by a competent court; that ..... court by establishing his right to possession over the property.14. mr. sunil gupta, the learned senior counsel for the appellant submitted, reading literally the sub-section (6) of section 145 of the code, that declaration of the successful party to be entitled to possession thereof until evicted therefrom in due course of law, and forbidding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-03-2003
Reported in : 2004(1)ALD(Cri)35; 2004(1)BLJR41; JT2003(8)SC508; (2004)10SCC443
..... penal code, 1860 (for short: the 'ipc').' appellant was charged for commission of offence punishable under section 302 ipc and sections 25 and 27 of the arms act, 1959 (for short the 'arms act'). eight others were charged for commission of offence punishable under section 302 read with section 34 ipc. two others breathed their last during trial. 3. prosecution case as unfolded during trial is .....
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-30-2003
Reported in : JT2003(8)SC399; 2004(1)KLT31(SC); (2004)ILLJ428SC; 2004(3)MhLj568; 2003(9)SCALE119; (2003)12SCC274; 2004(1)LC398(SC)
..... , municipal corporation of delhi v. shiv shanker : 1971crilj680 and ratan lal adukia and anr. v. union of india : air1990sc104 . when the new act contains a repealing section mentioning the acts which it expressly repeals, the presumption against implied repeal of other laws is further-strengthened on the principle expressio unius (person vel rei) est exclusio alterius ..... that two statute should operate in respect of identical issues. the establishments act has been rendered repugnant by enactment of the act. reference' is made to section 37 of the act to submit that by necessary implication there was repeal of the establishments act. both these statutes fall under entry 24 of list iii (the ..... that withdrawal of benefit by enacting a statute was contemplated.11. on a careful scrutiny of the provisions contained in both the above acts, we find that the act makes some specific provisions on certain aspects and areas of relationship between worker and management. it is not only silent but also .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2003
Reported in : AIR2004SC38; 2004(5)ALLMR(SC)322; JT2003(8)SC225; (2004)1SCC46
..... election petition as well as of defects in the affidavit accompanying an election petition wherein allegations of corrupt practice are made. after considering the provisions of sections 83 and 86 of the act, as also the requirements of form 25 prescribed by rule 94-a of the rules and relevant provisions of the cpc, it was held: ..... of commission of such practice has to be indicated. though allegation of fraud etc. in obtaining false caste certificate have serious implications, under the act and particularly as the language of section 123(3) specifies and enumerates they do not per se constitute corrupt practice. the fact that a candidates obtains a certificate that he belonged ..... does not disclose a valid cause of action;(b) it contains several paragraphs which do not fit into an election petition filed under sections 5 and 100(1)(d)(i) of the act;(c) there does not exist any valid verification of the pleadings;(d) the affidavit filed by the petitioner along with the election petition .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2003
Reported in : AIR2004SC321; [2003]117CompCas585(SC); (2004)1CompLJ106(SC); [2004]265ITR435(SC); JT2003(8)SC193; 2003(9)SCALE147; (2004)1SCC149
..... city civil court and also the appeals in this court--c.a.nos. 8316-8321 of 2001 as well as the application filed by smt. renuka datla under section 399(4) of the companies act before the central government. it was agreed that the s.l.p. shall be kept pending for passing the final orders in terms of the settlement.4 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2003
Reported in : AIR2004SC45; 2003(90)ECC263; 2003LC261(SC); 2003(158)ELT18(SC); JT2003(8)SC203; 2003(9)SCALE47; (2004)9SCC83
..... , or any substance intended to cleanse, improve or alter the complexion, skin, hair or teeth, and includes deodorants and perfumes.sub-section (1) of section 3 of the act is the charging section and it lays down that there shall be levied duties of excise at the rates specified in the schedule on all dutiable goods manufactured ..... after a detailed consideration of scientific and technical material, has recorded a finding that asls manufactured by colfax are 'toilet preparations' within the meaning of section 2(k) of the act. the high court has also examined the matter threadbare and has arrived at the same finding. we find absolutely no reason to disagree with the ..... preparations but are toilet preparations. shri ashok desai, learned senior counsel for colfax has submitted that the term 'medicinal preparation' has been defined in section 2(g) of the act and it includes all drugs which are a remedy or prescription intended to be used for or in the treatment, mitigation or prevention of disease .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2003
Reported in : AIR2004SC141; 2004(5)ALLMR(SC)26; [2003]117CompCas618(SC); JT2003(8)SC170; 2003(9)SCALE84; (2003)11SCC66; [2003]48SCL319(SC); 2004(1)LC441(SC); (2004)1UPLBEC341
..... andhyarujina, the following submissions have also been noted:'mr. singhvi first attacked the notification dated 30th december, 1995 issued by the state government purportedly under section 2(u) of nabard act. it was his submission that the same was illegal arid invalid inasmuch as that at the time of the said declaration respondent no. 5 was ..... in the writ petition it was ambiguously stated in paragraph 4 as follows:'the petitioners further say that, in any event, under clause [u] of section 2 of the nabard act, the state government could not have identified or designated respondent no. 5 as a state co-operative bank, firstly because respondent no. 5 is not ..... was trying to wriggle out the provisions of law. similarly in vanguard fire insurance company's case the question was whether the word 'insurer' in section 33 of the insurance act, 1938 included a company which had closed insurance business. this court held that the word 'insurer' referred not only to a person who was actually .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-29-2003
Reported in : AIR2004SC11; 2003(90)ECC249; 2003LC274(SC); 2003(158)ELT3(SC); (2004)2GLR1257; 2003(9)SCALE123; (2003)11SCC129; [2004]134STC24(SC)
..... india as, and at the rates, set forth in the first schedule.' 11. the following key words occurring in this provision have been defined in the act as under:'section 2(a)..........(b)..........(c)...........(d) 'excisable goods' means goods specified in the first schedule as being subject to a duty of excise and includes salt;(e ..... has not been paid. in the present case however, we are considering the expression 'excisable goods' in the light of provisions contained in section 3 of the central excise act, 1944. section 3 qualifies to expression 'excisable goods' by laying down the further requirement that such goods should be produced or manufactured in india. such ..... is the meaning of 'manufacture' in the context of excise law we have already quoted the definition of the word 'manufacture' as contained in section 2(f) of the act. according to this definition, manufacture includes any process incidental or ancillary to the completion of a manufactured product. the word 'manufacture' used as a .....
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