Court : Supreme Court of India
Decided on : Jul-01-2014
..... meted out to the woman soon before her death. section 113-b of the evidence act is also relevant for the case at hand. both section 304-b ipc and section 113-b of the evidence act were inserted as noted earlier by dowry prohibition (amendment) act 43 of 1986 with a view to combat the increasing menace of dowry deaths. section ..... for the appellant could not dispute that the first two ingredients mentioned above are satisfied. 1 19. the expression soon before her death used in the section 304b ipc and section 113b of the evidence act was considered by this court in hira lal & others vs. state (govt. of nct), delhi, (2003) 8 scc80which reads as under: 8. section ..... of certain essentials. it is in this background that presumptive section 113-b in the evidence act has been inserted. as per the definition of dowry death in section 304-b ipc and the wording in the presumptive section 113-b of the evidence act, one of the essential ingredients, amongst others, in both the provisions is that the woman .....
Tag this Judgment!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
..... in order of merit determined by the departmental promotion committee constituted by the inspector-general of police on the basis of tests in parade, general law (indian penal code, criminal procedure code, indian evidence act and local and special laws) interview and examination of records. (2) all constables -- (a) who are middle pass and have put in more ..... inspector-general, be promoted to head constable up to a maximum of ten per cent of vacancies. on 4.3.1982 rule 13.7 was amended and the amended rule provided that there shall be no test for constables and their admission to the promotional course, i.e., lower school course would be done ..... recognized for consideration for promotion as per rule applicable on the date of availability of vacancies/posts. therefore, the finding recorded that all the constables before the amendment on 17.06.1988 would be sent for course in accordance with the seniority criterion is wholly illegal, unjustified and untenable. the said finding, in fact, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-30-2014
..... right made by gyarsia in favour of the petitioner became invalid on account of the subsequent legislation, namely the addition of the proviso to section 42 by the second amendment act. a perusal of the language of the proviso which was added to section 42, would show that if it is read without the context of the deeming clause, ..... a non scheduled caste prior to 1964 may be voidable but not void ab initio. proviso to section 42 inserted by section 4 of the rajasthan tenancy (second amendment) act no.28 of 1956, giving section 42 retrospective has been declared violative of article 19 of the constitution of india by the rajasthan high court in triveni shyam ..... member of scheduled castes or scheduled tribes since after 22.09.1956. the transfer made on 12.01.1962 was against the said prohibition.30. section 23 of the indian contract act, 1872 reads as follows: 23. what consideration and objects are lawful, and what not. the consideration or object of an agreement is lawful, unless it is forbidden .....
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 : Jun-30-2014
..... provisions of section 167(2) crpc, the period of 90 days stipulated for completion of investigation and filing of charge-sheet was modified by virtue of the amended proviso, which indicated that if the investigation could not be completed within 90 days and if the court was satisfied with the report of the public prosecutor ..... 4/02 for the offences punishable under sections 302, 304, 353, 323, 149, 148 and 147 of the indian penal code (ipc), under section 27 of the arms act and under section 49(2)(b) of prevention of terrorist activities act (pota) for murder of sanjay kumar singh, divisional forest officer. initially the investigation was carried out by the ..... a controversy whereby the high court had rejected the prayer for bail to the appellant who was an accused for offences under the narcotic drugs and psychotropic substances act, 1985. a contention was advanced that the statutory period prescribed under the proviso (a) to sub-section (2) of section 167 crpc providing for completion of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-28-2014
..... herein that revised government policy dated april 23, 2010, which fundamentally changes the prospects of promotion of the respondent, was discriminatory. it also amounted to retrospective amendment to the promotion policy, which could not be to the detriment of an employee thereby taking the rights accrued to him by virtue of the policy governing his ..... assurance of ministry of defence. there is no breach of any service conditions under the army act and rules. the non-selection of the petitioner is on account of the service conditions as mentioned in om dated 28th october, 1978, as amended from time to time. therefore, the objection raised by the learned counsel for the respondent, ..... as well as the background facts in which the oa seeking such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-28-2014
..... herein that revised government policy dated april 23, 2010, which fundamentally changes the prospects of promotion of the respondent, was discriminatory. it also amounted to retrospective amendment to the promotion policy, which could not be to the detriment of an employee thereby taking the rights accrued to him by virtue of the policy governing his ..... assurance of ministry of defence. there is no breach of any service conditions under the army act and rules. the non-selection of the petitioner is on account of the service conditions as mentioned in om dated 28th october, 1978, as amended from time to time. therefore, the objection raised by the learned counsel for the respondent, ..... as well as the background facts in which the oa seeking such a relief was filed. the respondent joined the indian army as a major. indubitably, in that capacity he was subject to the discipline of the army act, 1950. it is a normal practice that the personnel belonging to the armed forces, namely, army, air .....
Tag this Judgment!Court : Singapore Supreme Court
Decided on : May-28-2014
..... follows: (3) for the purposes of and incidental to (a) the hearing and determination of any appeal to the court of appeal; and (b) the amendment, execution and enforcement of any judgment or order made on such an appeal, the court of appeal shall have all the authority and jurisdiction of the court or tribunal ..... the jockey any quantity of bundles containing drugs of any nature for subsequent distribution to gemuk's various customers. 41. turning to the relevant legal principles, in the indian privy council decision of mahbub shah v emperor air (32) 1945 pc 118, sir madhavan nair, delivering the judgment of the privy council, stated as follows (at ..... shall consist of appeals against any decision made by the high court in the exercise of its original criminal jurisdiction, subject nevertheless to the provisions of this act or any other written law regulating the terms and conditions upon which such appeal may be brought. this provision clearly suggests that this court has no jurisdiction .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-28-2014
..... 7 the place of arbitration shall be new delhi. all arbitration proceedings shall be conducted in english in accordance with the provisions of the arbitration and conciliation act, 1996 as amended from time to time. 38.8 the arbitration award will be final and binding upon the parties, and each party will bear its own costs of ..... are confused and used loosely and interchangeably with each other. therefore, the court ought to examine the plea by keeping in mind the relevant statutory provisions in the indian contract act, 1872, defining the terms void and voidable . section 2, the interpretation clause defines some of the relevant terms as follows:- 2(g) an agreement not enforceable ..... case being cc no.22 of 2011 under section 120-b, read with sections 420, 427, 488 and 477 ipc and section 13(2) read with section 13(1)(d) of the prevention of corruption act against suresh kalmadi, the then chairman of the organising committee and other officials of the respondent alongwith some officials of .....
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