Court : Supreme Court of India
Decided on : Jul-01-2014
..... section 302, in view of section 31 of the code of criminal procedure, 1973, we make it clear that all the sentences imposed under ipc, the gangsters act and the arms act are to run concurrently. 31. in view of the aforesaid discussions and decisions rendered by this court, we hold that the trial court was ..... imprisonment for twenty years. it does not say that transportation for life shall be deemed to be transportation for twenty years for all purposes; nor does the amended section which substitutes the words imprisonment for life for transportation for life enable the drawing of any such all embracing fiction. a sentence of transportation for life ..... at the end of 20 years including the remissions, because the administrative rules framed under the various jail manuals or under the prisons act cannot supersede the statutory provisions of the indian penal code. a sentence of imprisonment for life means a sentence for the entire life of the prisoner unless the appropriate government chooses .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-30-2014
..... period of not less than two years immediately preceding the presentation of the petition. desertion, as a ground for divorce, was inserted to section 13 by act 68/1976. prior to the amendment it was only a ground for judicial separation. dealing with the concept of desertion, this court in savitri pandey v. prem chandra pandey[5]. has ..... left her husband and thereafter lodged fir no.401/2004 on 17.10.2004 for the offences under sections 498a and 506/34 of the indian penal code and the provisions under dowry prohibition act, 1961 against the husband, his mother and the sister. because of the fir the husband was arrested and remained in custody for a day ..... lodges the first information report against the husband and his mother and sister for the offences punishable under sections 498a, 506/34 of the indian penal code and under the provisions of dowry prohibition act. the husband suffers a day s custody and the mother and the sister availed anticipatory bail. the high court has taken note of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-31-2014
..... lal krishna advani and others[1]. while interpreting section 8b of the act which has been brought into the statute by the amending act 79 of 1971, the court has opined thus: - 8. it may be noticed that the amendment was brought about, about 20 years after passing of the main act itself. the experience during the past two decades must have made the ..... respondent no.13, cbi to take up the investigation of the case fir no.95 of 2006, registered at civil lines, meerut, up, u/s 304a/337/338/427, ipc and investigate the case in accordance with law, and this hon ble court may be pleased to monitor the investigation from time to time, to ensure that no person guilty ..... great meerut fire tragedy. after the tragedy paraded at the victoria park a first information report was lodged against the accused persons under sections 304a, 337, 338 and 427 of indian penal code. the state government, regard being had to the magnitude of the tragedy, vide notification no.2155/p/chh.p-3-2006- 12(51)p/2006 dated 2. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-01-2014
..... formal document, making some condition, stipulation, exception or limitation or upon the observance of which the operation or validity of the instrument depends [ s. 105, indian evidence act].. a proviso is generally intended to restrain the enacting clause and to except something which would have otherwise been within it or in some measure to modify the ..... the part of the drawer.13. the scheme of section 138 thus not only saves the honest drawer but gives a chance to even the dishonest ones to make amends and escape prosecution. compliance with the provision is, in that view, a mandatory requirement. (see c.c. alavi haji v. palapetty muhammed and another (2007) ..... . the law has to that extent granted a concession and prescribed a scheme under which dishonour need not necessarily lead to penal consequence if the drawer makes amends by making payment within the time stipulated once the dishonour is notified to him. payment of the cheque amount within the stipulated period will in such cases .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-20-2014
..... sumitra devi) was instituted by the appellant for vacation of the shop, and when he failed in it, the present proceeding has been drawn.5. by way of amendment on 11th august, 1995 respondent further took the plea that during the pendency of the proceedings, jayanti prasad, brother of the appellant had filed proceedings no.6 of 1987 ..... : provided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds, mentioned in clause (a), unless a period of three years has elapsed since the date of such purchase and ..... a case, the prescribed authority may on the application of the tenant impose the condition where the landlord has available with him other accommodation (whether subject to the act or not) which is not suitable for his own proposed business but may serve the purpose of the tenant, that the landlord shall let out that accommodation to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-10-2014
..... in the case of padma sundara rao (dead) & ors. v. state of t.n. & ors. (2002) 3 scc533 even in the land acquisition act of 1894, the legislature had brought about amendment in section 6 through an amendment act of 1984 to add explanation 1 for the purpose of excluding the period when the proceeding suffered stay by an order of the court ..... , in the context of limitation provided for publishing the declaration under section 6(1) of the act. to a similar effect was explanation to section 11a which was added by amendment act 68 of 1984. clearly the legislature has, in its wisdom, made the period of five years under section 24(2) of the ..... 2013 act absolute and unaffected by any delay in the proceedings on account of any order of stay by a court. the plain wordings used .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-14-2014
..... matter to be agitated by a separate suit. in other words, no other proceedings were allowed to be taken. it has to be remembered that preceding civil procedure code amendment act, 1976, right of suit under order 21, rule 103 of 1908 code was available which has been now taken away. by necessary implication, the legislature relegated ..... ) while making a distinction between the provisions prior to the amendment brought in 1976 in cpc and the situation after the amendment, a two-judge bench observed thus:- the position has changed after amendment of the code of civil procedure by the amendment act of 1976. now, under the amended provisions, all questions, including right, title, interests in the ..... chamria and others[10]. and chaube jagdish prasad and another v. ganga prasad chaturvedi[11].. needless to emphasise, the said principle is well-settled. after the amendment of section 115, c.p.c. w.e.f. 1.7.2002, the said power is exercised under article 227 of the constitution as per the principle .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2014
..... suri that the direction issued by the division bench tantamounts to interference in a policy decision as framed under section 8 of the census act, 1940, (for brevity the act ) as amended in 1993. learned senior counsel would contend that the policy stipulates for carrying out the census which includes scheduled castes and scheduled tribes, but ..... manual for houselisting and housing census. in paragraph 1.2, the historical background has been stated. it is as follows: historical background of indian census 1.2 the indian census has a rich tradition and enjoys the reputation of being one of the best in the world. the first census in india was conducted ..... decision in suresh seth v. commr., indore municipal corporation[9]. wherein a prayer was made before this court to issue directions for appropriate amendment in the m.p. municipal corporation act, 1956 so that a person may be debarred from simultaneously holding two elected offices, namely, that of a member of the legislative assembly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2014
..... be construed as putting a seal of approval on the delay caused by the central government in bringing the provisions of section 3 of the 44th amendment act into force but we find ourselves unable to intervene in a matter of this nature by issuing a mandamus to the central government obligating it ..... respect to a number of other items in the schedule. it was added that moef vide notification dated 1.12.2009 had carried out wide ranging amendments to the schedule in eia2006and in doing so general condition had been stipulated/inserted for the first time against certain items. however, while doing so, ..... of about 5 hectares in size for storing hill run off during rainy season for wild life which includes hanuman langur (semnopithecus entellus), black aped hare (lepus nigricollos), indian porcupines (hystrix indica), blue bull (boselalphus tragocamelus), sambhara (cervus unicolor), common mangoose (herpestes edwardsii), jackals (canis aureus), striped hyaena (hyaena hyciena) and panther (panthera .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2014
..... issued directions that state government should make certain clarifications by way of amendments in the state act subsequently, the state act was amended by the maharashtra private security (regulation of employment and welfare) amendment act, 1996 and the amending act explicitly stated that the amendments are clarificatory in nature. it must be noted that the amendments to the state act were challenged in krantikari suraksha rakshak sanghatana vs. state of maharashtra ..... & ors. [4]. and the division bench upheld the amendments vide order dated october 10 .....
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