Court : Supreme Court of India
Decided on : Nov-19-2014
..... submissions of the learned counsel for the appearing parties and perused the impugned order and the materials on record.8. sub-section (1) of section 438 has been amended by cr.p.c. (amendment) act 2005 (act 25 of 2005), by which old sub-section (1) has been substituted by new sub-sections (1), (1a) and (1b). the guiding factors for grant of anticipatory ..... a private complaint filed by m/s. merit magnum construction alleging commission of offences against the appellant and other accused u/s 420, 406, 423, 424 r/w section 34 ipc wherein directions were issued by the magistrate u/s 156 (3) cr.p.c. for proper investigation. case of the complainant is that on 21.12.2005, the seven companies .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-2014
..... submissions of the learned counsel for the appearing parties and perused the impugned order and the materials on record.8. sub-section (1) of section 438 has been amended by cr.p.c. (amendment) act 2005 (act 25 of 2005), by which old sub-section (1) has been substituted by new sub-sections (1), (1a) and (1b). the guiding factors for grant of anticipatory ..... a private complaint filed by m/s. merit magnum construction alleging commission of offences against the appellant and other accused u/s 420, 406, 423, 424 r/w section 34 ipc wherein directions were issued by the magistrate u/s 156 (3) cr.p.c. for proper investigation. case of the complainant is that on 21.12.2005, the seven companies .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-10-2014
..... the state could not be withdrawn as the constitution (scheduled castes) order, 1950 did not make a distinction between the two categories of thandans till the amendment act of 2007 for the first time introduced such a difference.29. that apart the question of ouster of ezhuvas and thiyyas known as thandan on account ..... thandan was included as a scheduled caste for the entire state of kerala.23. consequent upon the promulgation of the scheduled castes and scheduled tribes orders (amendment) act, 1976, the kerala state government started receiving complaints alleging that a section of ezhuva/thiyya community of malabar areas and certain taluk of malabar districts who ..... that a large number of applications for change of caste name from thiyya to thandan had been received pursuant to the scheduled castes and scheduled tribes order (amendment) act, 1976 and ordered that all such certificates as were corrected on the basis of such applications after 27th july, 1977 ought to be scrutinized by a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-31-2014
..... health delivery system or guidelines with respect to occupational safety are in place. factories act, boilers act, employees state insurance act, compensation act, the water (prevention and control of pollution) act, the air (prevention and control of pollution) act, environmental protection act, etc. are in place, but the lack of proper health delivery system, evaluation ..... , polyacrylonitrile, glass fibres, graphite are available, the use of which may be explored. . compliance with the provisions of the environment (protection) act and its amendments from time to time applicable for the power plants with respect to emission and discharge, ash utilization and hazardous waste management should be ensured to ..... ahmadabad, gujarat.7. all employees to abide by the code of practice on occupational safety and health audit as developed by the bureau of indian standards.8. safe methods be followed for the handling, collection and disposal of hazardous waste to be recommended by nioh.9. appointment of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-18-2014
..... on by the state in the process of making and taking of the decision. the state has only acted within its authority under article 309 of the constitution of india in bringing about the clarificatory amendment with regard to the fixation of seniority in the cadre of sub- inspectors. the retrospectivity given to the ..... to the entry level post of constable. (b) the inter-se-seniority of police inspectors of sikkim police, sikkim vigilance police, sikkim armed police and indian reserve battalion on the date of amalgamation of the cadres for the purpose of their promotion to the rank of deputy superintendent of police shall be determined ..... pathology of unconstitutionality, not every injury. (emphasis supplied) the same view has been followed in indian airlines officers association v. indian airlines limited and others[4]., kerala magistrates (judicial) association and others v. state of kerala and others[5]., life indian corporation of india and others v. s. s. srivastava and others[6]. and new .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-2014
..... circumstantial evidence demolishes the defence version and inspires much confidence in what has been stated by the victim girl.15. in fact, at this stage, the amendment introduced in the indian evidence act, 1872 in section 114-a laying down as follows is worthwhile to be referred to:- presumption as to absence of consent in certain prosecutions for rape.- ..... of death after consuming poison. if this were to be accepted, we fail to understand and lament as to what is the need of incorporating an amendment into the indian evidence act by incorporating section 114a which clearly has been added to add weight and credence to the statement of the victim woman who suffers the offence of rape ..... where the offence of rape is proved by other evidence on record. if this view of the matter is taken into account relying upon the amended section 114-a of the indian evidence act which we clearly do, then even if there had been a doubt about the medical evidence regarding non rupture of hymen the same would .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2014
..... of india should not take initiative and steps to evolve a procedure for fast track justice to be adopted by the investigating agencies and the fast tract courts by proposing amendments into the cr.p.c. for speedy justice to the victim.2. we had noted that the fast tract courts no doubt are being constituted for expeditious disposal of cases ..... have a fast track procedure for dealing with cases of rape and gang rape lodged under section 376 ipc with the result that such heinous offences are repeated incessantly.3. we had further observed that there is a pressing need to introduce drastic amendments into the cr.p.c. in the nature of fast tract procedure for fast track courts when we ..... same in the case diary and hand over a copy of the same to the magistrate. (v) medical examination of the victim: section 164 a cr.p.c. inserted by act 25 of 2005 in cr.p.c. imposes an obligation on the part of investigating officer to get the victim of the rape immediately medically examined. a copy of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2014
..... the first respondent are similar. the appellants have faced the criminal trial before the sessions judge, chittoor on the charge of murder and other offences of ipc and sc/st (poa) act. our attention was drawn to the said judgment which is produced at exh. p-7, to evidence the fact that the charges in both the ..... by the section officer, home department, a.p. secretariat, government of andhra pradesh and appendix iv on rule 14 (2) and rule 34 (1) iii in the amendment to the andhra pradesh civil services (classification, control & appeal) rules, 1991 attached therewith, considers the first respondent as the competent disciplinary authority to pass an order of dismissal ..... appellants and therefore they have been honourably acquitted for the offences punishable under 3 (1) (x) of sc/st (poa) act and under sections 307 and 302 read with section 34 of the ipc. the law declared by this court with regard to honourable acquittal of an accused for criminal offences means that they are acquitted for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2014
..... the first respondent are similar. the appellants have faced the criminal trial before the sessions judge, chittoor on the charge of murder and other offences of ipc and sc/st (poa) act. our attention was drawn to the said judgment which is produced at exh. p-7, to evidence the fact that the charges in both the ..... by the section officer, home department, a.p. secretariat, government of andhra pradesh and appendix iv on rule 14 (2) and rule 34 (1) iii in the amendment to the andhra pradesh civil services (classification, control & appeal) rules, 1991 attached therewith, considers the first respondent as the competent disciplinary authority to pass an order of dismissal ..... appellants and therefore they have been honourably acquitted for the offences punishable under 3 (1) (x) of sc/st (poa) act and under sections 307 and 302 read with section 34 of the ipc. the law declared by this court with regard to honourable acquittal of an accused for criminal offences means that they are acquitted for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-2014
..... the cognizance of the offence under the act shall not in any way prejudice the actions under the provisions of the indian penal code. the principal electricity act, 2003 was further amended by the electricity (amendment) act, 2007 and apart from other amendments in section 151 of the prinicipal act was also amended and provisions in sections 151, 151(a), ..... 151 (b) were inserted. in the statement of objects and reasons for amending the act, it was ..... cognizance of an offence without the accused being committed to it for trial.1. short title and commencement. (1) this act may be called the electricity (amendment) act, 2007.2. it shall come into force on such date as the central government may, by notification in the official gazette, appoint .....
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