Court : Supreme Court of India
Decided on : Apr-22-2009
Reported in : 2009AIRSCW4319; JT2009(9)SC142; 2009(8)SCALE685; (2009)12SCC110
..... the limits of any such port;(o) for regulating the employment of persons engaged in cleaning or painting vessels, or in working in the bilges, boilers or double bottoms of vessels in any such port.[note : by amendment act 15/1997, clause (jj) was substituted by clauses (jj) and (jja) which read as follows]:(jj) for regulating the use of piers, ..... the said rules came into force. it therefore prayed (a) for a declaration that the goa ports (amendment) rules, 1992 and rule 54a of the goa ports (amendment) rules, 1994 were ultra vires the indian ports act, 1908; (b) for quashing the demand for rental charges by letter dated 1.11.1993; and (c) for a direction to the respondents to ..... a major port, when belonging to the government;5.4) in exercise of the powers conferred under section 6 read with sections 33, 35, 46 and 47 of the indian ports act, 1908, the lieutenant governor of goa, daman and diu made the goa, daman and diu ports rules, 1983 (`rules' for short). rule 64 relates to levy of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-07-2009
Reported in : AIR2009SC1242; 2009(57)BLJR777; 2009CriLJ1123; JT2009(1)SC197; RLW2009(2)SC1714; 2009(1)SCALE230; (2009)3SCC726; 2009(1)LC299(SC); 2009AIRSCW536; 2009(1)LHSC378
..... always necessary that there be any agreement for dowry.10. section 113b of the evidence act is also relevant for the case at hand. both section 304b ipc and section 113b of the evidence act were inserted as noted earlier by the dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. ..... inferences can be drawn on the basis of such evidence. that could be either direct or indirect. it is significant that section 4 of the act, was also amended by means of act 63 of 1984, under which it is an offence to demand dowry directly or indirectly from the parents or other relatives or guardian of a ..... within the purview of the `death occurring otherwise than in normal circumstances'. the expression `soon before' is very relevant where section 113b of the evidence act and section 304b ipc are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in that case presumption operates. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-09-2009
Reported in : AIR2009SC1948; 2009(2)AWC1607(SC); 2009(2)BomCR42; (2009)2GLR1579; RLW2009(3)SC2136; 2009(1)SCALE642; (2009)3SCC467; 2009(2)LC595(SC):2009AIRSCW1572
..... jurisdictional error in interfering with the well considered judgment and order of the learned 3rd additional sr. civil judge rejecting the application filed by the respondents for amendment of the plaint. the impugned judgment is, therefore, set aside and the appeal is allowed.20. however, if the respondents have independent cause of action ..... they not only sought to implead town planner, surat municipal corporation but also surat municipal corporation as such as party defendants. in the said application for amendment, respondents, inter alia, contended that having regard to an order of injunction passed in the suit by the appellant, they did not obtain peaceful possession ..... sr. civil judge on 01st december 2007, inter alia, opining that having regard to the provisions of section 487 of the bombay provincial municipal corporation act, no suit could have been filed against the corporation until expiration of one month from the date of service of notice issued for the said purpose. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2009
Reported in : 2009AIRSCW3652; 2009(1)JT550; 109(2010)CLT440(SC); 2009(1)SCALE679; 2009(1)LC370(SC)
..... date of adjudication of the pre-emption suit and the appellate court is not required to take into account or give effect to the substituted section 15 introduced by the amending act. accordingly, second appeal was dismissed.4. learned counsel for the appellants re-iterated the stand taken before the high court and submitted that the ratio of the decision of ..... was selling his 400/3723 share out of the total holding. the high court turned down the plea based on repeal of the right of a co-sharer by the amending act of 1995. it was observed that right of co-sharers has been held to be prospective in operation and does not affect the right of the parties to the ..... effect:(1) whether plaintiff has superior right to pre-empt the land in dispute being co-sharer?(2) whether plaintiff is estopped from filing present suit by his own act and conduct?on both the issues the trial court returned its findings in favour of the pre-emptor holding that he had a superior right of pre-emption and that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2009
Reported in : 2009(57)BLJR711; 2009(4)BomCR348; JT2009(1)SC470; 2009(1)SCALE758; (2009)3SCC571; 2009(1)LC411(SC)
..... 3) requires that the verification shall be signed by the person making it and shall state the date on which and the place at which it was signed. by amending act no. 46/1999 the requirement of filing an affidavit by the person verifying the pleadings was incorporated but that provision does not have any bearing on this case.26 ..... nw 2d 457 (nd 1976) at pp.462-463, and to preserve, so far as consistent with the public interest, the uses protected by the trust.36. the indian society has, since time immemorial, been conscious of the necessity of protecting environment and ecology. the main moto of social life has been 'to live in harmony with nature'. ..... of protecting and improving environment and safeguarding forests and wild life and article 48a was inserted in part iv of the constitution by the constitution (forty-second amendment) act, 1976 whereby a duty was imposed on the state to endeavour to protect and improve the environment and safeguard forests and wild life of the country. by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2009
Reported in : AIR2009SC1822; 2009CriLJ1731; 2009(I)OLR(SC)555; 2009(1)SCALE22; (2009)3SCC355
..... judge, muzaffarpur for allegedly committing offences under sections 161 (before its omission by act 30/2001), 109 and 120b of the indian penal code, 1860 (for short `the i.p.c.') and section 5(2) of the prevention of corruption act, 1947 (for short `the act').3. the case has a chequered history and, therefore, in order to appreciate ..... antulay and ors. v. r.s. nayak and anr. : 1992crilj2717 . referring to a number of decisions of this court and the american precedents on the sixth amendment of their constitution, making the right to a speedy and public trial a constitutional guarantee, the court formulated as many as eleven propositions with a note of caution ..... any particular category of cases. in every case, where the right to speedy trial is alleged to have been infringed, the court has to perform the balancing act upon taking into consideration all the attendant circumstances, enumerated above, and determine in each case whether the right to speedy trial has been denied in a given case .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-23-2009
Reported in : AIR2009SC1816; 2009CriLJ1727; RLW2009(2)SC2221; 2009(1)SCALE41; (2009)3SCC337
..... law relating to juveniles bearing in mind, the standards prescribed in various conventions but also all other international instruments. it states that the said act was enacted inter alia to consolidate and amend the law relating to juveniles. once the law relates to delinquent juveniles or juveniles in conflict with law, the same would mean both pre- ..... the court. on an analysis of the entire evidence on record, i hold that the prosecution has successfully driven home the guilt of the accused under section 302 ipc beyond the reasonable doubt.4. an appeal preferred by appellant thereagainst has been dismissed by reason of the impugned judgment, holding:we do not agree with such a ..... a beneficent legislation. it, however, would not mean that the principle of literal interpretation thereof should not be resorted to.8. section 3 of the indian majority act, 1875 provides for age of majority of persons domiciled in india and the criteria for computation of age of majority. it reads as under:3. age .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-03-2009
Reported in : AIR2009SC1938; 2009(57)BLJR816; RLW2009(1)SC853; 2009(2)SCALE202; (2009)3SCC57; 2009(2)LC562(SC)
..... the foreign court would have to be taken note of and would have to be deemed to have satisfied the provisions of sections 41 and 42 of the indian evidence act, 1872.13. mr. tulsi further urged that the only condition precedent for application of the principle of double jeopardy is that the person concerned has been prosecuted ..... anr. : 1970crilj885 in which it was observed that the doctrine of antrefois convict or autrefois acquit which was embodied in section 403 of the code prior to its amendment, now numbered as section 300 of the code along with the benefit of article 20 of the constitution would be available to an accused person to establish that he ..... the appellant not being a citizen of america, was not and could not have been tried by the american courts for the offences allegedly committed by the appellant on indian soil. mr. naphade submitted that one of the allegations against the appellant is that in conspiracy with his co-conspirators, he imported hashish from nepal into india, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-2009
Reported in : 2009(2)LHSC721; 2009AIRSCW1092; AIR2009SC1566; 2009CriLJ1330; (2009)3GLR2049(SC); JT2009(3)SC515; 2009(2)SCALE234; 2009(2)LC603(SC); 2009(3)KCCRSN136.
..... way, because of the paramount need for the protection of society. we are, therefore, recommending suitable amendment in all the acts, to exclude probation in the above cases. (p. 85).15. in the current indian conditions the probation movement has not yet attained sufficient strength to correct these intractables. maybe, under ..... without significance that the 47th report of the law commission of india has recommended the exclusion of the act to social and economic offences by suitable amendments. it observed:we appreciate that the suggested amendment would be in apparent conflict with current trends in sentencing. but ultimately, the justification of all sentencing ..... of the guwahati high court upholding the conviction of the appellants for offence punishable under section 7(1)(a)(i) of the essential commodities act, 1955 ( in short the `act'). the allegation was that the appellant had violated clause 3 of the lubricating oil and greases (processing, supply & distribution regulation) order, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-05-2009
Reported in : AIR2009SC1465; 2009CriLJ1322; 2009(2)SCALE211; (2009)3SCC492; 2009(3)LC1409(SC)
..... granted. various other factors have been pointed out, they are essentially as follows:(a) no opportunity was given by the high court to public prosecutor as required under amended proviso (1) of section 389 cr.p.c. (b) the division bench completely ignored the fact that respondents lalam and akbar during the trial had fled from ..... kumar's case (supra) it was held that in considering the prayer for bail in a case involving a serious offence like murder punishable under section 302 ipc, the court should consider the relevant factors like the nature of accusation made against the accused, the manner in which the crime is alleged to have been committed, ..... . : (2002)9scc364 and ramji prasad v. rattan kumar jaiswal and anr. : 2000crilj4992 , it was held by this court that in cases involving conviction under section 302 ipc, it is only in exceptional cases that the benefit of suspension of sentence can be granted. the impugned order of the high court does not meet the requirement. in vijay .....
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