Court : Supreme Court of India
Decided on : Oct-29-2003
Reported in : 2004(5)ALLMR(SC)117; JT2005(11)SC536; 2003(10)SCALE50; (2004)1SCC681; 2004(1)LC567(SC)
..... favour of the respondents herein was although considered to be voluntary but the same did not satisfy the very legal requirement, contained in section 15 of the act.7. section 29 of the act, as noticed hereinbefore, postulates taking over of possession by the landlord from the tenant only in accordance with procedure prescribed therefore. in ..... totoba kadam (supra), having not noticed the earlier binding precedent of the co-ordinate bench and having not considered the mandatory provisions as contained in sections 15 & 29 of the act had been rendered per in curiam. it, therefore, does not constitute a binding precedent.15. in halsbury laws of england, 4th edition volume ..... land in addition to payment of costs as may be directed by the mamlatdar or by the collector and also to the penalty prescribed in section 81.'6. the said act, therefore, contemplates termination of tenancy by surrender thereof; and consequent liking over possession by the landlord. how such termination of tenancy could take .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-28-2003
Reported in : AIR2004SC269; [2004(101)FLR635]; JT2003(8)SC243; (2003)IIILLJ1156SC; (2004)1MLJ87(SC); (2003)10SCC455; 2004(86)SLJ64(SC); 2004(1)LC483(SC)
..... of the labour court, to decide complains relating to unfair labour practices described in item 1 of schedule iv and to try offences punishable under, this act.'21. section 28 reads thus:'28. procedure for dealing with complaints relating to unfair labour practices: -(1) where any person has engaged in or is engaging ..... employee concerned was indisputably an employee of the establishment and subsequently it is so disputed, such a question is an incidental question arising under section 32 of the act. even the case pleaded by the respondent union itself is that the appellant establishment had never recognized the workmen mentioned in exhibit 'a' as ..... whether the concept of automatic absorption of contract labour in the establishment of the principal employer on issuance of the abolition notification, is implied in section 10 of the clra act; andb. whether on a contractor engaging contract labour in connection with the work entrusted to him by a principal employer, the relationship of master .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-2003
Reported in : 2004ACJ53; AIR2003SC4182; 2004(5)ALLMR(SC)316; 2004(1)AWC176(SC); 2003(3)BLJR2325; JT2003(8)SC108; 2004(2)MhLj668; (2004)1MLJ82(SC); 2004MPLJ267(SC); (2004)136PLR446; 2003(
..... and award passed by the motor accidents claims tribunal for greater bombay (for short the 'tribunal') adjudicating a claim petition under section 110-a of the motor vehicles act, 1939 (in short the 'act').one kumar (hereinafter referred to as the 'deceased') lost live in a vehicular accident which occurred on 15.8.1989. vehicle ..... no statutory definition, in common parlance 'negligence' is categorised as either composite or contributory. it is first necessary to find out what is a negligent act. negligence is omission of duty caused either by an omission to do something which a reasonable man guided upon those considerations who ordinarily by reason of conduct ..... measured in a given case. what constitutes negligence varies under different conditions and in determining whether negligence exists in a particular case, or whether a mere act or course of conduct amounts to negligence, all the attending and surrounding facts and circumstances have to be taken into account. it is absence of care .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-2003
Reported in : 2004(1)ALD(Cri)87; JT2003(8)SC447; 2003(9)SCALE8; (2003)8SCC590; 2004(1)LC299(SC)
..... prescribing higher minimum sentence in a case of this nature. the gravity of offence in such case is more serious than the enumerated categories indicated in sub-section (2) of section 376.9. we record our appreciation for the fair manner in which mr. surya kant, learned amicus curiae and ms. a. subhashini for the ..... 4. learned counsel for the state on the other hand submitted that considering the nature of evidence and the gravity of offence, the high court has rather acted liberally in reducing the sentence while upholding the conviction.5. we shall first deal with the question of delay. the unusual circumstances satisfactorily explained the delay ..... the baser instincts of the appellant overtook his moral values and human sensitivity and he ravished the unsuspecting victim incapable of comprehending the vicissitudes of the dastardly act, not once but several times. so innocence was the victim that she was even not aware of the dreadful consequences. the mental faculties of the victim .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2003
Reported in : AIR2003SC4650; JT2003(8)SC1; 2003(8)SCALE775; (2004)1SCC225
..... 182/1930) a particular challenge was made to a notification issued by the government of up in 1979 in exercise of powers under section 40, sub-section (1) read with sub-section (2) (d) of up excise act amending the rule for levying vend fee on industrial alcohol.12. synthetics and chemicals ltd. also filed a second writ petition ( ..... not in dispute that the respondent has followed all these regulatory measures.8. to ensure the denaturation of industrial alcohol, in exercise of the powers under section 41 of the 1910 act, the uttar pradesh licences for the possession of denatured spirit and specially denatured spirit rules, 1976 (hereafter referred to as 'the rules') were made. ..... however, it may be utilised to produce a kind of liquor if it is 'denatured'. 'denatured' according to the definition of the word in section 3(9) of the act means:''rendered unfit for human consumption in such manner as may be prescribed by the state government by notification in this behalf.'7. the denaturants and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2003
Reported in : JT2003(8)SC587; (2004)1SCC74; 2004(1)LC473(SC)
..... rule 15(5) of the terrorist and disruptive activities (prevention) rules, 1987 (for short, tada rules) requires that every confession recorded under section 15 of the tada act shall be sent forthwith to the chief metropolitan magistrate or the chief judicial magistrate having jurisdiction over the area in which such confession has been recorded ..... possession of the same with any specific terrorist or disruptive activity is required to be proved by the prosecution for proving the offence under section 5 of the tada act.' the prosecution has, however, to prove by cogent evidence the possession of the specified arms and ammunition in a notified area. in the ..... submits that the other two accused, namely, accused no. 36, devojinaik, and accused no. 115, gulapu, have been convicted for offence punishable under section 5 of the tada act and sentenced to five years' rigorous imprisonment but they had already undergone the sentence and, therefore, no appeal was preferred by the said two accused. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2003
Reported in : 2003(3)ARBLR404(SC); (SCSuppl)2004(1)CHN167; (2004)1CompLJ118(SC); JT2003(8)SC276; (2004)1MLJ59(SC); 2003(9)SCALE12; (2003)8SCC565; 2004(1)LC389(SC)
..... award or documentation thereof, it would be open to the parties to raise the same before the court at the stage of proceeding under section 36 of the act. the high court may decide the matter expeditiously and also consider any interim prayer which may be made by the parties in the appeals. there shall be no ..... to be set aside. consequently, it is set aside.6. the appeals are, accordingly, allowed. since the high court has not dealt with other objections raised under section 34 of the act, we remit the matter to the high court to decide the same. we make it clear that the issue with regard to the stamping and registration of the ..... the ground enumerated therein. it is not dispute that an application for setting aside the award would not lie on any other ground, which is not enumerated in section 34 of the act. the question as to whether the award is required to be stamped and registered, would be relevant only when the parties would file the award for its enforcement .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2003
Reported in : AIR2004SC230; 2004(1)BLJR129; JT2003(Suppl2)SC575; 2003(8)SCALE659; (2003)8SCC673
..... amount to an admission of the allegation made in the plaint in terms of order viii, rule 5 of the code of civil procedure.71. under section 58 of the indian evidence act a fact admitted need not be proved.72. in paragraph 15 of the written statement, the respondent has not specifically contended that the statements made in ..... ors. : [1977]3scr538 , the law is stated in the following terms :'it is well settled that a party's admission as defined in sections 17 to 20, fulfilling the requirements of section 21. evidence act, is substantive evidence proprio vigore. an admission, if clearly and unequivocally made, is the best evidence against the party making it and though not conclusive ..... by shri p.k. sinha to the governor of the state of bihar as also the inquiry proceedings conducted in that behalf. when through the media a large section of people of bihar came to know about such inquiry and the result thereof, it is unbelievable that the father of the respondent who not only was in politics .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-15-2003
Reported in : AIR2004SC132; 2004CriLJ390; JT2003(Suppl2)SC474; 2003(8)SCALE677; (2003)12SCC306
..... has interpreted the word 'furtherance' as 'advancement of promotion'.13. in view of the cogent, credible and trustworthy evidence of pws 1 to 4 about overt acts and the instigations, section 34 has been rightly applied by the high court. having regard to the nature of disputes between the two families of the accused and victim, the happening ..... not one of the conditions of its applicability in every case. before a man can be held liable for acts done by another, under the provisions of this section, it must be established that (i) there was common intention in the sense of a pre-arranged plan between the two, and (ii) the person sought ..... to be so held liable had participated in some manner in the act constituting the offence. unless common intention, and participation are both present, this section cannot apply.12. 'common intention' implies pre-arranged plan and acting in concert pursuant to the pre-arranged plan. under this section a pre-concert in the sense of a distinct previous plan is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2003
Reported in : AIR2003SC4466; 2004(1)ALD(Cri)1; 2003CriLJ4569; II(2003)DMC645SC; JT2003(Suppl2)SC556; 2003(8)SCALE568; (2003)11SCC534
..... -law) of kamlesh rani were charged with subjecting kamlesh rani to cruelty and harassment on account of demand of dowry and causing her dowry death, an offence punishable under section 304b of the ipc. the accused denied the charges and claimed to be tried. the prosecution examined dr. gurmanjit rai, lecturer, forensic medicines, medical college, amritsar ( ..... it is proved by the testimony of the magistrate that the declarant was fit to make the statement oven without examination by the doctor the declaration can be acted upon provided the court ultimately holds the same to be voluntary and truthful. a certification by the doctor is essentially a rule of caution and therefore the ..... by the learned counsel for the accused that the testimony of the naib tehsildar lakhbir singh (pw 6) is unbelievable because the district magistrate appears to have acted with great haste in deputing lakhbir singh to record the dying declaration as soon as he was approached by bansi ram (pw 2). it was also urged .....
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