Court : Supreme Court of India
Reported in : AIR1983SC473; 1983CriLJ811; 1983(1)Crimes957(SC); 1983(1)SCALE331; (1983)2SCC277; [1983]2SCR690
1. The question which arises for consideration in these proceedings is whether Section 303 of the Indian Penal Code infringes the guarantee contained in Article 21 of the Constitution which provides that 'No person shall be deprived of his life or personal liberty except according to procedure established by law.'2. Section 300 of the Penal Code defines 'Murder', while Section 302 reads thus :302. Punishment for murder-whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.3. Section 302 is not the only section in the Penal Code which prescribes the sentence of life imprisonment. Literally, it is one of the fifty-one sections of that Code which prescribes that sentence. The difference between those sections on one hand and Section 302 on the other is that whereas, under those sections life imprisonment is the maximum penalty that can be imposed, under Section 302 life imprisonment is the minimum penalty which has to be imposed. T...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1982LabIC1586; 1982(1)SCALE227; (1982)2SCC116; [1982]3SCR453; 1982(1)SLJ452(SC); 1982(14)LC313(SC)
1. This appeal by special leave is directed against the judgment of a Division Bench of the Delhi High Court dismissing in limine a Letters Patent Appeal filed by the present appellant against the judgment of a learned Single Judge of that Court whereby the contentions raised by the appellant in Civil Writ Petition No. 1423 of 1979 were rejected and the said writ petition was dismissed.2. The appellant-Wing Commander J. Kumar-was commissioned in the Indian Air Force on September 3, 1956 with antedated seniority from December 10, 1955. He was permanently seconded to the Defence Research Development and Inspection Organisation (for short, the LR D & I Organisation) of the Ministry of Defence on October 14, 1971. On the bifurcation of the LRL & I Organisation effected in July 1976 by the separation of the Inspection Wing, the appellant was retained in the Defence Research and Development Organisation, which will hereinafter be referred to as the R & D Organisation. The Director-General of...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... leave petition of harbans singh on 16th october, 1978. harbans singh applied for review of this decision, but the review petition was dismissed by sarkaria, j. and a.p. sen, j. on 9th may 1980. it appears that though the registry of this court had mentioned in its office report that kashmira singh's death sentence was already commuted, ..... majority consisting of krishna iyer, j. and desai, j. took the view that the death sentence imposed on dalbir singh should be commuted to life imprisonment while a.p. sen, j. struck to the original view taken by him in rajendra prasad's case and was inclined to confirm the death sentence. it will thus be seen that the exercise ..... 1979. in this case, the death sentence imposed on rajendra prasad was commuted to life imprisonment by a majority consisting of krishna iyer, j. and desai, j. a.p. sen, j. dissented and was of the view that the death sentence should be confirmed. similarly in one of the cases before us, namely, bachan singh v. state of punjab : .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... petition of harbans singh on 16th october, 1978. harbans singh applied for review of this decision, but the review petition was dismissed by sarkaria, j. and a.p. sen, j. on 9th may 1980. it appears that though the registry of this court had mentioned in its office report that kashmira singh's death sentence was already commuted ..... death penalty or not depends to a considerable extent on the value system and social philosophy of the judges constituting the bench. if for example justice a.p. sen and justice kailasam had constituted the bench hearing rajendra prasad's case, then without meaning the slightest disrespect to these two eminent judges, one can hazard a guess ..... 1979. in this case, the death sentence imposed on rajendra prasad was commuted to life imprisonment by a majority consisting of krishna iyer, j. and desai, j. a.p. sen, j. dissented and was of the view that the death sentence should be confirmed. similarly in one of the cases before us, namely, bachan singh v. state of punjab .....
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2963 OF2023[Arising out of Special Leave Petition (Civil) No.14970 of 2021]. Bishambhar Prasad Appellant Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH CIVIL APPEAL No.2965 OF2023[Arising out of Special Leave Petition (Civil) No.13106 of 2021]. The Rajasthan Industrial Development Appellant and Investment Corporation Ltd. Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH C.A. No.of 2023 @ SLP (C)No.14970 OF2021ETC.ETC. Page 1 of 113 CIVIL APPEAL No.2964 OF2023[Arising out of Special Leave Petition (Civil) No.13008 of 2021]. The State of Rajasthan & Anr. Appellant Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. WITH CIVIL APPEAL NO.2966 OF2023[Arising out of Special Leave Petition (Civil) No.960 of 2022]. The President, J.K. Staple & Acrylic Appellant Employees Union & Ors. Versus M/s Arfat Petrochemicals Pvt. Ltd. & Respondents Ors. AND CIVIL APP...
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Clinton v. City of New York - 524 U.S. 417 (1998) OCTOBER TERM, 1997 Syllabus CLINTON, PRESIDENT OF THE UNITED STATES, ET AL. v. CITY OF NEW YORK ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA No. 97-1374. Argued April 27, 1998-Decided June 25,1998 Last Term, this Court determined on expedited review that Members of Congress did not have standing to maintain a constitutional challenge to the Line Item Veto Act (Act), 2 U. S. C. 691 et seq., because they had not alleged a sufficiently concrete injury. Raines v. Byrd, 521 U. S. 811 . Within two months, the President exercised his authority under the Act by canceling 4722(c) of the Balanced Budget Act of 1997, which waived the Federal Government's statutory right to recoupment of as much as $2.6 billion in taxes that the State of New York had levied against Medicaid providers, and 968 of the Taxpayer Relief Act of 1997, which permitted the owners of certain food refiners and processors t...
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..... 's unfitness for judicial office. if the solution to harmful speech must be more speech, so be it. the court's reasoning, however, will unfortunately endure beyond the next election cycle. by obscuring the fundamental distinction between campaigns for the judiciary and the political branches, and by failing to recognize the difference between statements made in articles or opinions and those .....
Tag this Judgment!Court : US Supreme Court
..... minority businesses in federal procurement programs. see id. at 5331 (rep. biaggi); id. at 5327-5328 (rep. mitchell); id. at 5097-5098 (rep. mitchell); id. at 7156 (sen. brooke). [ footnote 4/10 ] see id. at 5330 (rep. conyers) ("minority contractors and businessmen who are trying to enter in on the bidding process . . . get the works ..... aid to minority businesses, the fact remained that minority contractors were receiving less than 1% of federal contracts. see 123 cong.rec. 7156 (1977) (remarks of sen. brooke). congress also knew that economic recession threatened the construction industry as a whole. section 103(f)(2) was enacted as part of a bill designed to stimulate ..... of the full amount authorized was made several weeks later. pub.l. 94-447, 90 stat. 1497. [ footnote 14 ] 123 cong.rec. 2136 (1977) (remarks of sen. randolph). [ footnote 15 ] see, e.g., hearings on h.r. 11 and related bills before the subcommittee on economic development of the house committee on public works and .....
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City of Mobile v. Bolden - 446 U.S. 55 (1980) U.S. Supreme Court City of Mobile v. Bolden, 446 U.S. 55 (1980) City of Mobile v. Bolden No. 77-1844 Argued March 19, 1979 Reargued October 29, 1979 Decided April 22, 1980 446 U.S. 55 APPEAL FROM THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Syllabus Mobile, Ala., is governed by a Commission consisting of three members elected at large who jointly exercise all legislative, executive, and administrative power in the city. Appellees brought a class action in Federal District Court against the city and the incumbent Commissioners on behalf of all Negro citizens of the city, alleging, inter alia, that the practice of electing the City Commissioners at large unfairly diluted the voting strength of Negroes in violation of the Fourteenth and Fifteenth Amendments. Although finding that Negroes in Mobile "register and vote without hindrance," the District Court nevertheless held that the at-large electoral system violated t...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) NO.77 OF2014Mohd. Arif @ Ashfaq Petitioner Versus The Registrar, Supreme Court of India & Others Respondents WITH WRIT PETITION (CRIMINAL) NO.137 OF2010C. Muniappan & Others Petitioners Versus The Registrar, Supreme Court of India Respondent WITH WRIT PETITION (CRIMINAL) NO.52 OF2011B.A. Umesh Petitioner Versus Registrar, Supreme Court of India Respondent WITH WRIT PETITION (CRIMINAL) NO.39 OF2013Sundar @ Sundarrajan Petitioner Versus State by Inspector of Police & Others Respondents WITH WRIT PETITION (CRIMINAL) NO.108 OF2014Yakub Abdul Razak Memon Petitioner Versus Registrar, Supreme Court of India & Others Respondents AND WRIT PETITION (CRIMINAL) NO.117 OF2014Sonu Sardar Petitioner Versus Union of India & Others Respondents JUDGMENT Chelameswar, J.1. I have had the privilege of reading the draft judgment prepared by my esteemed brother Rohinton Fali Narima...
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