Array
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[0] => ..... by some of the press of the country, the press council has recommended to the government between 1999-2003 to amend the provisions of section 14(1) of the press council act, 1978 to arm the council with the authority to recommend to the government de-recognition of newspapers for government advertisement or withdrawal of the ..... behalf of the press council of india on 7.8.2006. inviting our attention to the said affidavit, mr. p.h. parekh submitted that section 14 of the press council act, 1978 empowers the press council only to warn, admonish or censure newspapers or news agencies and that it has no jurisdiction over the electronic media ..... particulars relating to its enquiry and adjudication etc. the powers of the council in so far its authority over the press is concerned are enumerated under section 14 of the press council act, 1978. however, it has no further authority to ensure that its directions are complied with and its observations implemented by the erring parties. lack .....
[1] => ..... mamata dutta are concerned, the only evidence against them was the judicial confession of mrinal dutta. the same was admissible against them only under section 30 of the indian evidence act.section 30:69. it is not in dispute that apart from general evidence in regard to commission of forgery etc., only evidence of involvement ..... of the high court to award death penalty, observed:the very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of government of india and engaging into a combat with security forces ..... admissibility in evidence. if the confession appears to the court to have been caused by any inducement, threat or promise such as is mentioned in section 24, evidence act, it must be excluded and rejected brevi manu. in such a case, the question of proceeding further to apply the second test does not arise .....
[2] => ..... considerations that make punishment unjustifiable when it is out of proportion to the crime, uniformly disproportionate punishment has some very undesirable practical consequences. 27. section 85 ipc deals with act of a person incapable of judgment by reason of intoxication caused against his will. as the heading of the provision itself shows, intoxication must have ..... involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302, read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or ..... other than death, the reason why sentence of death was not passed had to be stated in the judgment. after the amendment of section 367(5) of the old code by act 26 of 1955, it is not correct to hold that the normal penalty of imprisonment for life cannot be awarded in the absence .....
[3] => ..... fifth edition.)11. custom must be ancient, certain and reasonable as is generally said. it will be noticed that in the definition in cl. (a) of section 3 of the act, the expression 'ancient' is not used, but what is intended is observance of custom or usage for a long time. the english rule that a 'custom, ..... done in the present case.9. it would be desirable to refer to certain provisions of the act and the hindu code which governed the field prior to the enactment of the act, section 3(a) of the act defines 'custom' as follows:3. definitions - in this act, unless the context otherwise requires. - (a) the expressions, 'custom' and 'usage' signify ..... of that law in force immediately before the commencement of the act shall become inoperative with respect to any matter for which provision was made in the act except where it was otherwise expressly provided. section 4 gives overriding application to the provisions of the act. section 5 provides that adoptions are to be regulated in terms of .....
[4] => ..... of no relevance in interpreting paragraph 3 of the tenth schedule. in the context of the language of paragraph 3 of the tenth schedule, section 13(2) of the general clauses act, 1897 which requires that unless there is anything repugnant in the subject of context, 'words in the singular shall include the plural, and vice ..... members. that intention is clear from paragraph 3 which does not protect a single member legislature party. it may be noted that by constitution (ninety-first amendment) act, 2003, paragraph 3 has been omitted from the tenth schedule.48. lastly, we will consider the ground of personal malafides. it is alleged that a telephone ..... orders, the four independent members of the assembly having joined indian national congress have incurred this disqualification. 9. the speaker, while exercising power to disqualify members, acts as a tribunal and though validity of the orders, thus, passed can be questioned in the writ jurisdiction of this court or high courts, the scope of .....
[5] => ..... for action must be demonstrable. if the action is questioned on the ground that no circumstance leading to an inference of the kind contemplated by the section exists, the action might be exposed to interference unless the existence of the circumstances is made out. these decisions are of no assistance. in this ..... question for consideration was not whether the td passbook pledged by the fifth respondent is genuine or not. the question for consideration was whether the committee acted arbitrarily or irrationally in rejecting the said td passbook. 26. the learned counsel for fifth respondent submitted that if the committee had proceeded on an ..... which showed a tendency to manipulate the rates. the committee, therefore, recommended that the next lowest tender, (submitted by laxman sharma) for acceptance. the accepting authority acting on the said recommendations, awarded the work to laxman sharma under an agreement dated 18.4.2005. feeling aggrieved, narayan mohanty filed writ petition (c) no. .....
[6] => ..... we considered whether the equal employment opportunity commission (eeoc) could order a federal agency to pay compensatory damages in an administrative proceeding. section 717(b) of title vii of the civil rights act of 1964, 42 u. s. c. 2000e 16(b), authorized the eeoc to employ appropriate remedies, but did not specifically authorize ..... a) suggests that congress intended these terms to apply more broadly to administrative proceedings. on the contrary, 2415(a) distinguishes between judicial and administrative proceedings. section 2415(a) provides that an action must commence within one year after final decisions have been rendered in applicable administrative proceedings. thus, congress knew how ..... . in delaware valley citizens council , we construed the attorney s fee provision of the clean water act (cwa), which authorizes a court, in issuing any final order in any action brought pursuant to subsection (a) of this section, [to] award costs of litigation to any party. 42 u. s. c. 7604(d). .....
[7] => ..... at a finding on the basis of broad probabilities. however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the ..... it does not provide that even in case a person remains behind the bars for a period exceeding three years, although his involvement may be in terms of section 24 of the act, the court is prohibited to enlarge him on bail. each case, therefore, must be considered on its own facts. the question as to whether he is ..... 474, 475, 476 and 34 of the indian penal code. a case was also registered under the provisions of section 63(a) and 63(b) of the bombay stamps act, 1958. subsequently, sections 3 and 24 of the maharashtra control of organized crimes act, 1999 (hereinafter referred to as 'mcoca') were also invoked. against some of the accused, including the appellant, .....
[8] => ..... any stage'. the proviso uses the phrase 'no application for amendment shall be allowed'.20. the submission of the learned senior counsel is that when in the same section of an act the word may is used in one place and shall in another place, may will have to be interpreted as may and shall will have to be interpreted as ..... . i have no reason to disbelieve the same. the above submission assumes significance for the reason that first defendant is a proclaimed offender. the proclamation has been issued under section 82 of cr.p.c. for the alleged commission of certain offences. he has not yet surrendered to the court. in page 4 of the counter affidavit, it is ..... wholly omitted so that an amendment itself was not permissible, although sometimes effort was made to rely on section 148 for extension of time for any purpose. ultimately to strike a balance the legislature applied its mind and re-introduced rule 17 by act 22 of 2002 w.e.f. 1.7.2002. it had a provision permitting amendment in the .....
[9] => ..... of the tribunal's order warranting any further action to be taken against the alleged contemnors under the provisions of the contempt of courts act, 1971 read with section 17 of the administrative tribunals act, 1985. the contempt petition was dismissed and the notice to contemnors was discharged. however, the tribunal granted liberty to the respondent herein ..... date of initial appointment being 17.11.1982 was rejected. aggrieved by the said order, the respondent filed o.a. no. 1926 of 2003 under section 19 of the administrative tribunals act before the tribunal. the tribunal allowed o.a. vide order dated 25.2.2004. against the said order, the appellants preferred c.w.p. nos ..... been performing the job of noting down complaints at the enquiry offices/service stations of c.p.w.d. the respondent approached the tribunal under section 19 of the administrative tribunals act, 1985 and prayed that she should be regularized on the post of enquiry clerk in c.p.w.d. before the tribunal, the appellants .....
)
Court : Supreme Court of India
Decided on : Dec-12-2006
Reported in : AIR2007SC493; 2007(2)ALD70(SC); 2006(14)SCALE317; (2007)1SCC143
..... by some of the press of the country, the press council has recommended to the government between 1999-2003 to amend the provisions of section 14(1) of the press council act, 1978 to arm the council with the authority to recommend to the government de-recognition of newspapers for government advertisement or withdrawal of the ..... behalf of the press council of india on 7.8.2006. inviting our attention to the said affidavit, mr. p.h. parekh submitted that section 14 of the press council act, 1978 empowers the press council only to warn, admonish or censure newspapers or news agencies and that it has no jurisdiction over the electronic media ..... particulars relating to its enquiry and adjudication etc. the powers of the council in so far its authority over the press is concerned are enumerated under section 14 of the press council act, 1978. however, it has no further authority to ensure that its directions are complied with and its observations implemented by the erring parties. lack .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2006
Reported in : 2006(13)SCALE467; (2007)1Crimes321; 2007(1)KCCRSN23(SC); (2007)12SCC230
..... mamata dutta are concerned, the only evidence against them was the judicial confession of mrinal dutta. the same was admissible against them only under section 30 of the indian evidence act.section 30:69. it is not in dispute that apart from general evidence in regard to commission of forgery etc., only evidence of involvement ..... of the high court to award death penalty, observed:the very idea of attacking and overpowering a sovereign democratic institution by using powerful arms and explosives and imperiling the safety of a multitude of peoples' representatives, constitutional functionaries and officials of government of india and engaging into a combat with security forces ..... admissibility in evidence. if the confession appears to the court to have been caused by any inducement, threat or promise such as is mentioned in section 24, evidence act, it must be excluded and rejected brevi manu. in such a case, the question of proceeding further to apply the second test does not arise .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2006
Reported in : AIR2007SC697; 2007CriLJ1160; 2006(14)SCALE15; 2007AIRSCW369; (2007)2SCC(Cri)590; (2007)2Crimes62(SC); 2007LawHerald(SC)464
..... considerations that make punishment unjustifiable when it is out of proportion to the crime, uniformly disproportionate punishment has some very undesirable practical consequences. 27. section 85 ipc deals with act of a person incapable of judgment by reason of intoxication caused against his will. as the heading of the provision itself shows, intoxication must have ..... involved in the crime and similarly situated have received the benefit of life imprisonment or if the offence is only constructive, being under section 302, read with section 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or ..... other than death, the reason why sentence of death was not passed had to be stated in the judgment. after the amendment of section 367(5) of the old code by act 26 of 1955, it is not correct to hold that the normal penalty of imprisonment for life cannot be awarded in the absence .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2006
Reported in : 2007(2)AWC1432(SC); [2007(2)JCR34(SC)]; 2006(14)SCALE27
..... fifth edition.)11. custom must be ancient, certain and reasonable as is generally said. it will be noticed that in the definition in cl. (a) of section 3 of the act, the expression 'ancient' is not used, but what is intended is observance of custom or usage for a long time. the english rule that a 'custom, ..... done in the present case.9. it would be desirable to refer to certain provisions of the act and the hindu code which governed the field prior to the enactment of the act, section 3(a) of the act defines 'custom' as follows:3. definitions - in this act, unless the context otherwise requires. - (a) the expressions, 'custom' and 'usage' signify ..... of that law in force immediately before the commencement of the act shall become inoperative with respect to any matter for which provision was made in the act except where it was otherwise expressly provided. section 4 gives overriding application to the provisions of the act. section 5 provides that adoptions are to be regulated in terms of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2006
Reported in : AIR2007SC590; 2006(13)SCALE335; (2006)11SCC1
..... of no relevance in interpreting paragraph 3 of the tenth schedule. in the context of the language of paragraph 3 of the tenth schedule, section 13(2) of the general clauses act, 1897 which requires that unless there is anything repugnant in the subject of context, 'words in the singular shall include the plural, and vice ..... members. that intention is clear from paragraph 3 which does not protect a single member legislature party. it may be noted that by constitution (ninety-first amendment) act, 2003, paragraph 3 has been omitted from the tenth schedule.48. lastly, we will consider the ground of personal malafides. it is alleged that a telephone ..... orders, the four independent members of the assembly having joined indian national congress have incurred this disqualification. 9. the speaker, while exercising power to disqualify members, acts as a tribunal and though validity of the orders, thus, passed can be questioned in the writ jurisdiction of this court or high courts, the scope of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-2006
Reported in : 2008(2)CTLJ538(SC)
..... for action must be demonstrable. if the action is questioned on the ground that no circumstance leading to an inference of the kind contemplated by the section exists, the action might be exposed to interference unless the existence of the circumstances is made out. these decisions are of no assistance. in this ..... question for consideration was not whether the td passbook pledged by the fifth respondent is genuine or not. the question for consideration was whether the committee acted arbitrarily or irrationally in rejecting the said td passbook. 26. the learned counsel for fifth respondent submitted that if the committee had proceeded on an ..... which showed a tendency to manipulate the rates. the committee, therefore, recommended that the next lowest tender, (submitted by laxman sharma) for acceptance. the accepting authority acting on the said recommendations, awarded the work to laxman sharma under an agreement dated 18.4.2005. feeling aggrieved, narayan mohanty filed writ petition (c) no. .....
Tag this Judgment!Court : US Supreme Court
Decided on : Dec-11-2006
..... we considered whether the equal employment opportunity commission (eeoc) could order a federal agency to pay compensatory damages in an administrative proceeding. section 717(b) of title vii of the civil rights act of 1964, 42 u. s. c. 2000e 16(b), authorized the eeoc to employ appropriate remedies, but did not specifically authorize ..... a) suggests that congress intended these terms to apply more broadly to administrative proceedings. on the contrary, 2415(a) distinguishes between judicial and administrative proceedings. section 2415(a) provides that an action must commence within one year after final decisions have been rendered in applicable administrative proceedings. thus, congress knew how ..... . in delaware valley citizens council , we construed the attorney s fee provision of the clean water act (cwa), which authorizes a court, in issuing any final order in any action brought pursuant to subsection (a) of this section, [to] award costs of litigation to any party. 42 u. s. c. 7604(d). .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-2006
Reported in : 2007CriLJ782; 2006(13)SCALE256; (2007)1SCC242
..... at a finding on the basis of broad probabilities. however, while dealing with a special statute like mcoca having regard to the provisions contained in sub-section (4) of section 21 of the act, the court may have to probe into the matter deeper so as to enable it to arrive at a finding that the materials collected against the ..... it does not provide that even in case a person remains behind the bars for a period exceeding three years, although his involvement may be in terms of section 24 of the act, the court is prohibited to enlarge him on bail. each case, therefore, must be considered on its own facts. the question as to whether he is ..... 474, 475, 476 and 34 of the indian penal code. a case was also registered under the provisions of section 63(a) and 63(b) of the bombay stamps act, 1958. subsequently, sections 3 and 24 of the maharashtra control of organized crimes act, 1999 (hereinafter referred to as 'mcoca') were also invoked. against some of the accused, including the appellant, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-2006
Reported in : AIR2007SC806; 2007(2)ALD93(SC); RLW2007(3)SC1790; 2006(13)SCALE525; (2006)12SCC1
..... any stage'. the proviso uses the phrase 'no application for amendment shall be allowed'.20. the submission of the learned senior counsel is that when in the same section of an act the word may is used in one place and shall in another place, may will have to be interpreted as may and shall will have to be interpreted as ..... . i have no reason to disbelieve the same. the above submission assumes significance for the reason that first defendant is a proclaimed offender. the proclamation has been issued under section 82 of cr.p.c. for the alleged commission of certain offences. he has not yet surrendered to the court. in page 4 of the counter affidavit, it is ..... wholly omitted so that an amendment itself was not permissible, although sometimes effort was made to rely on section 148 for extension of time for any purpose. ultimately to strike a balance the legislature applied its mind and re-introduced rule 17 by act 22 of 2002 w.e.f. 1.7.2002. it had a provision permitting amendment in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-08-2006
Reported in : [2007(112)FLR708]; 2006(13)SCALE394
..... of the tribunal's order warranting any further action to be taken against the alleged contemnors under the provisions of the contempt of courts act, 1971 read with section 17 of the administrative tribunals act, 1985. the contempt petition was dismissed and the notice to contemnors was discharged. however, the tribunal granted liberty to the respondent herein ..... date of initial appointment being 17.11.1982 was rejected. aggrieved by the said order, the respondent filed o.a. no. 1926 of 2003 under section 19 of the administrative tribunals act before the tribunal. the tribunal allowed o.a. vide order dated 25.2.2004. against the said order, the appellants preferred c.w.p. nos ..... been performing the job of noting down complaints at the enquiry offices/service stations of c.p.w.d. the respondent approached the tribunal under section 19 of the administrative tribunals act, 1985 and prayed that she should be regularized on the post of enquiry clerk in c.p.w.d. before the tribunal, the appellants .....
Tag this Judgment!