Judgment Search Results Home > Cases Phrase: indian boilers amendment act 2007 section 10 amendment of section 9 Sorted by: old Court: us supreme court Year: 2009 Page 1 of about 201 results (0.706 seconds)

Prem Kanwar Vs. State of Rajasthan

Court : Supreme Court of India

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. .....

Oregon Vs. Ice

Court : US Supreme Court

..... the jury traditionally played no part: when a defendant has been tried and convicted of multiple offenses, each involving discrete sentencing prescriptions, does the sixth amendment mandate jury determination of any fact declared necessary to the imposition of consecutive, in lieu of concurrent, sentences? most states continue the common-law tradition: ..... increased ice s quantum of punishment. held: in light of historical practice and the states authority over administration of their criminal justice systems, the sixth amendment does not inhibit states from assigning to judges, rather than to juries, the finding of facts necessary to the imposition of consecutive, rather than concurrent, ..... this case could not have imposed a sentence of consecutive prison terms without making the factual finding that the defendant caused separate harms to the victim by the acts that produced two convictions. see 343 ore. 248, 268, 170 p. 3d 1049, 1060 (2007) (kistler, j., dissenting). there can thus be .....

Herring Vs. United States

Court : US Supreme Court

..... had been rescinded. the magistrate judge recommended denying the motion because the arresting officers had acted in a good-faith belief that the warrant was still outstanding. thus, even if there were a fourth amendment violation, there was no reason to believe that application of the exclusionary rule here would ..... powell, j., concurring in part) ( [t]he deterrent value of the exclusionary rule is most likely to be effective when official conduct was flagrantly abusive of fourth amendment rights ). indeed, the abuses that gave rise to the exclusionary rule featured intentional conduct that was patently unconstitutional. in weeks, 232 u. s. 383 , a ..... ca11 2007) (quoting michigan v. tucker , 417 u. s. 433 , 447 (1974)). and it is uncontested here that herring s arrest violated his fourth amendment rights. the sole question presented, therefore, is whether evidence the police obtained through the unlawful search should have been suppressed.[ footnote 1 ] the court holds that suppression .....

Fomento Resorts and Hotels Ltd. and anr. Vs. Minguel Martins and ors.

Court : Supreme Court of India

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 .....

Vakil Prasad Singh Vs. State of Bihar

Court : Supreme Court of India

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 .....

United States Vs. Eurodif S. A.

Court : US Supreme Court

..... , 308 u. s. 252 , 255 (1939))). surrender to private contractual terms is especially uncalled for in dealing with international tariffs, as congress saw when it amended the tariff act to say that the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. trade ..... , germany, the netherlands, and the united kingdom, 66 fed. reg. 1080 (2001). section 731 of the tariff act of 1930, as added by 101 of the trade agreements act of 1979, 93 stat. 144, as amended, 19 u. s. c. 1673, provides a two-step process to address harm to domestic manufacturing from foreign goods ..... provided. petitioners (collectively, usec), who run the only uranium enrichment factory in the united states, petitioned the commerce department (department) for relief under the tariff act of 1930, which calls for antidumping duties on foreign merchandise sold in this country at less than its fair value, 19 u. s. c. 1673, but .....

Jitendra Panchal Vs. Intelligence Officer, Ncb and anr.

Court : Supreme Court of India

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, .....

Precious Oil Corporation and ors. Vs. State of Assam

Court : Supreme Court of India

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, .....

State of Orissa Vs. Government of India and anr.

Court : Supreme Court of India

Reported in : JT2009(233)SC2; 2009(2)SCALE271; 2009(2)LC473(SC)

..... negotiations, the central government shall, by notification in the official gazette, constitute a water disputes tribunal for the adjudication of the water dispute.after amendment of sub-section (1) by the inter-state water dispute (amendment) act, 2002, sub-section (1) of section 4 reads as follows:4. constitution of tribunal.- (1) when any request under section 3 ..... by scientific research to find out the ways of solving the water shortage problem in the country. the help and advice of foreign scientific experts and/or indian scientists settled abroad who are specialized in this field may also be taken, since the solution to the problem will not only help india but also foreign countries ..... the people living in large parts of india. despite having immense reservoirs of water in the form of the himalayas in the north and the arabian sea, indian ocean and the bay of bengal in the west, south and east of india, there are water shortages everywhere often leading to riots, road blocks and other .....

Arjun Singh Vs. State of H.P.

Court : Supreme Court of India

Reported in : AIR2009SC1568; 2009CriLJ1332; JT2009(2)SC413; 2009(2)SCALE302; (2009)4SCC18; 2009(2)ShimLC83; 2009(2)LC651(SC); 2009AIRSCW1096; 2009(3)KCCRSN161

..... new sections were introduced by the new act, i.e. 376a, 376b, 376c and 376d. the fact that sweeping changes were introduced reflects the legislative intent to curb with iron hand, ..... in chapter xvi of ipc. it is an offence affecting the human body. in that chapter, there is a separate heading for 'sexual offence', which encompasses sections 375, 376, 376a, 376b, 376c, and 376d. 'rape' is defined in section 375. sections 375 and 376 have been substantially changed by criminal law (amendment) act, 1983, and several ..... register maintained in a school is admissible evidence to prove the date of birth of the person concerned in terms of section 35 of the indian evidence act, 1872 (in short 'evidence act'). it may be true that in the entry of the school register is not conclusive but it has evidentiary value.8. learned counsel for .....