Court : Supreme Court of India
Reported in : AIR1974SC1550; 1974CriLJ1015; (1975)3SCC276; [1975]1SCR80
..... it was also pointed out that mere removal of the obligatory presumption at the end of section 105 of the evidence act, by showing that some circumstances did exist to support a plea of private defence, may not be enough to secure an acquittal (para 161, ..... deep narain singh, deceased jagdish narain was employed in the engineering college of the benaras university, and deep narain in the diesel locomotives works, varanasi. ..... it was held there that, despite the removal of this special presumption at the end of section 105, evidence act, by showing that some circumstances of the kind mentioned there did exist in the case, the accused may fail to discharge the burden of proving his plea of private defence by balance ..... but it cannot be laid down as an invariable proposition of law of universal application that as soon as it is found that the accused had received injuries in the same transaction in which the complainant party was assaulted, the plea of private defence would stand prima facie established ..... 1, was the medical officer of benaras hindu university wherein chhabinath was employed. ..... consciousness i found myself in the university hospital, where i was arrested.15. ..... singh at the university hospital on may 18, 1965 at ..... by ram asrey for his presence at the spot was that he was returning after giving a message to vijay bahadur singh at the latter's house that he should carry the meals of his brother to the university hospital. ..... was arrested from the hospital of benaras university on may 18. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC105; 1975CriLJ52; (1975)1SCC120; [1975]2SCR197
..... there is no system of private international law which can claim universal recognition and that explains why cheshire, for example, says that his book is concerned solely with that system which obtains in eneland, that is to say, with the rules that guide an english court whenever it ..... he spent a year in a new york university and then joined the utah state university where he studied for about 4 years for a doctorate ..... . he then joined the utah state university where he studied for his doctorate for ..... were cases of 'migratory' divorces and the court applied the universalist doctrine that questions of personal status depended, as a matter of 'universal jurisprudence', on the law of domicil.32 ..... . section 41 of the indian evidence act provides, to the extent material, that a final judgment of a competent court in the exercise of martimonial jurisdiction is conclusive proof that the legal character which it confers or takes away accrued or ceased at the time declared in ..... prevalent rules for recognition of foreign decree and though a new look at the le mesurier doctrine was imperative in a changed world, it is not easy on a reading of the five judgments in the indyka case to lay down a definitive act of rules as to when an english court will or will not recognise a foreign decree of divorce ..... spent a year in a new york university ..... it is another matter that the indian conflict of laws may require that the law of a foreign country ought to be applied in a given situation for deciding a case which contains a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC223; 1975CriLJ269; (1975)3SCC710; [1975]2SCR732
..... the vidyarthi parishad has branches in various indian colleges and universities, more than a lakh of students and teachers being members of the parishad. ..... dubey, district magistrate, patna therefore, consider it necessary to detain you in custody with a view to preventing you from acting in any manner prejudicial to the maintenance of the public order.the order of detention was confirmed by the governor of bihar on on may 28, 1974. ..... but an order of detention passed under any such law has again to answer the test that there has to be a nexus between the acts of the detenu founding the order of detention and the purpose of detention. ..... the district magistrate directed by the aforesaid order that the petitioner, who is a student leader, be detained with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.2. ..... the purpose here is to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order. ..... the mere fact that the petitioner was instrumental in forming the sanchalan samiti for conducting the students agitation or that he readily agreed to become a member of that samiti cannot justify the conclusion that these acts are calculated to disturb public order. ..... these proceedings for the writ of habeas corpus are directed against an order passed by the district magistrate, patna, on april 9, 1974 in the exercise of powers conferred by section 3(1)(a)(ii) of the maintenance of internal security act, 26 of 1971. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1331; [1975(30)FLR283]; 1975LabIC881; (1975)ILLJ399SC; (1975)1SCC421; [1975]3SCR619
..... service of such employees or agents; the terms and condition of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund of the corporation shall be maintained the form and manner in which policies may be issued and contracts binding on the ..... of service of such employees or agents; the terms and conditions of service of persons who have become employees of the corporation under section 11 of the act; the number, term of office and conditions of service of members of boards constituted under section 22 of the act; the manner in which the fund of the corporation shall be maintained; the form and manner in which policies may be issued and contracts binding on the ..... binding directions to third parties not to prevent the employees of the commission from entering into their land and as disobedience of such directions is punishable under the relevant provision of the indian penal code since those employees are deemed to be public servants under section 21 of the indian penal code by virtue of section 27 of the act, the commission is an 'authority' within the meaning of the expression 'other authorities' in article 12.78. ..... a specialist surgeon was denied protection which is given to a hospital doctor; a university professor, as a servant has been denied the right to be heard, a dock labourer and an undergraduate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... this court must interpret language of the constitution, if mot intractable, which is after all a municipal law, in the light of the united nations charter and the solemn declaration subscribed to by india.articles 8 and 9 of the universal declaration of human rights in respect of which resolution was passed by the united nations and was supported by india read as under :article 8everyone has the right to an effective remedy by the competent national tribunals for ..... . it was pointed out on behalf of the detenus that, unlike section 54 of the indian income-tax act, 1922 and section 14 of the preventive detention act, 1950, sub-section (9) (a) of section 16a does not include any reference to a court and it is clear that it is not directed, against ..... dean roscoe pound, in the green foundation lectures on 'justice according to law' (yale university press, 1951) begins ins answer to the question as to what justice is by a reference' to the posting pilate, who would not stay for the answer because he knew that philosophers disagreed so much, in their answers, that ..... eliminates the equation of arbitrary and wide discretionary powers :there are, i believe, ideas of universal validity reflected in dicey's 'three meanings' of the rule of law..... ..... he seemed to imply that we should read the universal declaration of human rights into our constitution as india was one of the signatories to ..... was that we should keep in mind the universal declaration of human rights in interpreting the constitution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1994; 1976CriLJ1548; (1976)3SCC618; [1976]SuppSCR542
..... the dying declaration is undoubtedly admissible under section 32 of the evidence act and not being a statement on oath so that its truth could be tested by cross-examination, the courts have to apply the strictest scrutiny and the closest circumspection to the statement before acting upon it. ..... the evidence act and of the decided cases in the different high courts in india and in this court, we have come to the conclusion, in agreement with the opinion of the full bench of the madras high court, aforesaid, (1) that it cannot be ..... 1 & 2 respectively have filed the present appeal in this court under section 2a of the supreme court (enlargement of criminal appellate jurisdiction) act of 1970.2. ..... acting upon the instructions of p.w. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1935a; [1976]105ITR92(SC)
..... the social design, the legislative intent and the grammar of statutory construction vis-a-vis the act may have to be briefly surveyed while studying the language of the text and the impact of the ..... , dealing with the expression 'disposition of property' defined somewhat in similar lines as in our act, observed:the whole emphasis of paragraph (f) is upon a transaction entered into by one person, which seems to me to mean that where there is an act done by one person with the requisite intent, and as a result there is a transfer of value from any property of that person to the property of another person, the conditions of liability are satisfied.each statute ..... good to remember that the indian act has some english genetic touch, being largely based on the english finance acts of 1854 onwards. ..... shri justice hegde, speaking for the court, placed on section 24 of the act more or less the same interpretation as was put in getti chettiar : [1971]82itr599(sc) ..... transfer in a normal sense and as understood with reference to the transfer of property act connotes a movement of property or interest or right therein or thereto from one person to ..... a little within the two-year pre mortem line drawn by the act he effected a partition and turning abnegator took a smaller share instead of his legal half, benefiting the others to the extent of ..... 2413 of air).the word 'transaction' in section 2(24) of the gift tax act takes its colour from the main clause, that is, it must be a 'transfer' of property .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1164; 1977CriLJ955; (1977)2SCC124
..... this circumstance, therefore, leads to two equally possible inferences and as one inference goes in favour of the accused, the court in acting on circumstantial evidence was in law bound to accept that inference. ..... moreover, one of the most important features which the high court has overlooked is that there is no evidence at all to show that the poison was administered by the appellant forcibly or that the act of administration of poison and the act of beating were one continuous process. ..... a fair possibility that the beating may have been the result of a domestic dispute quite different from the act of poisoning could not be ruled out. ..... this is an appeal under the supreme court (enlargement of criminal appellate jurisdiction) act, 1970. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC2328; (1977)GLR919; (1977)0GLR90; 1977LabIC1857; (1977)4SCC193; [1978]1SCR423
..... notes since the authorities involved are the president of india, symbolising the executive power of the union (virtually vested in the cabinet), the chief justice of india who is, in a way, the head of the indian justice system and repository of certain strategic functions in the operation of the constitutional complex of checks and balances and a judge of a high court, the victim of alleged abuse of 'transfer' power and bearer ..... clause viii of the constitution, that he will perform the duties of of his office 'without fear or favour', an expression which was absent in the form of the oath prescribed by schedule iv to the government of india act, 1935, will not only become meaningless but will be impossible to fulfill unless it was placed out of the power of the legislature or the executive to secure favours from a judge by putting him in fear of the ..... , the governor of the state, and, in the case of appointment of a judge other than the chief justice, the chief justice of the high court and shall hold office, in the case of an additional or acting judge, as provided in article 224 and in any other case, until he attains the age of sixty-two years:provided that-(a) a judge may, by writing under his hand addressed to the president, resign his office; ..... which the court of king's bench held in 1723, that the cambridge university could not deprive a great but unconventional scholar of his degrees without hearing his ..... yale university press)87. ..... the universe of meaning is not a ..... university .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; [1978]3SCR823
..... the respondent was anxious to hide the ill gotten property as soon as possible, and the fact that it was recovered in pursuance of his information under section 27 of the evidence act, and at his instance, by his digging out the place where it lay buried, was quite sufficient to prove the genuineness of the recovery. ..... as it is, the evidence on the record was sufficient to show that the statement was not only voluntary but it fell within the purview of section 27 of the evidence act in as much as the 'fact discovered' was the place from which the various articles were produced by the respondent and his knowledge of it. ..... . mehta has also stated that in the case of blurred impressions the view of some of the indian experts is that if there were three identical points, they would be sufficient to prove the identity ..... state of madhya pradesh : [1978]2scr594 , the question whether a presumption should be drawn against the respondent under illustration (a) of section 114 of the evidence act is a matter which depends on the evidence and the circumstances of each case ..... it must be taken as a whole, and that it is not permissible to act upon one portion of the statement which shows the presence of the respondent in the company of the deceased, and leave out those portions which are ..... the defence had any reason to think that he was not a competent witness for the purpose of expressing an opinion under section 47 of the evidence act, it was open to it to cross-examine him on the point. .....
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