Court : Supreme Court of India
Reported in : AIR1979SC1725; [1979]118ITR461(SC); (1979)4SCC121; [1979]3SCR1133
..... made out in the assessee's application, whether 'concealment of particulars of income on the part of the applicant or perpetration of fraud by him for evading any tax or other sum chargeable or imposable under the indian income-tax act, 1922 (11 of 1922), or under this act, has been established or is likely to be established by any income-tax authority, in relation to the case', and exercise his veto power to prevent escape of macro-criminals prima facie guilty of grave economic ..... the wanchoo committee which recommended this step titled its chapter meaningfully as 'black money and tax evasion' and the act itself was passed and brought into force during the era of emergency which was marked by speed and silence and hushed politico- ..... -(1) notwithstanding anything contained in this chapter, any assessee who has filed an appeal to the appellate tribunal under this act which is pending before it shall, on withdrawing such appeal from the appellate tribunal, be entitled to make an application to the settlement commission to have his case settled under this chapter:provided that no such assessee shall be ..... without expounding any inflexible rule of natural justice of universal validity we cannot fault the settlement commission for what it ..... story-and this fact has a bearing on one of the legal questions-it must be stated that when the settlement commission first acted under the second proviso to section 245d(1), the department, even like the assessees, applied to the i.t.a.t. ..... maritime elec .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... they must be aware that there are before them more than verbal problems; more than final solutions cast in generalisations of universal applicability.constitutional law raises, in a legal context, problems of economic, social, moral and political theory and practice to which non-lawyers have much to ..... this latter resolution clearly affirmed that :in order to guarantee fully the right to life, provided for in article 3 of the universal declaration of human rights, the main objective to be pursued is that of progressively restricting the number of offences for which capital punishment may be imposed, with a view to the desirability of abolishing this punishment in ..... this article shall be invoked to delay or prevent the abolition of capital punishment by any state party to the present covennt.article 7 of the covenant corresponding to article 5 of the universal declaration of human rights reaffirmed that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.232. ..... the answer to the foregoing question be in the negative, whether the sentencing procedure provided in section 354(3) of the crpc, 1973 (act 2 of 1974) is unconstitutional on the ground that it invests the court with unguided and untrammelled discretion and allows death sentence to be arbitrarily or freakishly imposed on a person found guilty of murder or any other capital offence punishable under the indian penal code with death or, in the alternative, with imprisonment for life.15. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC2141; [1980(41)FLR318]; 1980LabIC692; (1980)IILLJ175SC; (1980)3SCC418; [1980]3SCR902
..... was constituted as contemplated by the statutes and ordinances framed under the allahabad university act, 1921 (for short, hereinafter called the act. ..... of the facts which are brief and the law which is clear, persuades us to narrate the circumstances which have led a number of lecturers of the allahabad university to fighting forensic battles over the selection of some as readers in english by the selection committee and their opportunity by the executive council.4. ..... basic yet simple proposition that no islands of insubordination to the rule of law exist in our republic and that discretion to disobey the mandate of the law does not belong even to university organs or other authorities, the retreat of the court at the sight of an academic body, as has happened here, cannot be approved. ..... 5 years' teaching experience of the subject concerned in post-graduate classes in a university recognised by law, or research experience in a research institute recognised by the university or the state, or the central government.provided that the selection committee may relax the qualifications contained in clause (iii) for the post of readers in the case of candidates whose total length of service as teachers in this university is not less than the period required to teach the maximum of the lecturer's ..... in tune with the hierarchical ethos of indian society which does not spare the academia, there is a pyramidal structure with lecturers at the bottom, readers above them and professors at the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... they must be aware that there are before them more than verbal problems; more than final solutions cast in generalisations of universal applicability.constitutional law raises, in a legal context, problems of economic, social, moral and political theory and practice to which non-lawyers have much to ..... this latter resolution clearly affirmed that :in order to guarantee fully the right to life, provided for in article 3 of the universal declaration of human rights, the main objective to be pursued is that of progressively restricting the number of offences for which capital punishment may be imposed, with a view to the desirability of abolishing this punishment in ..... this article shall be invoked to delay or prevent the abolition of capital punishment by any state party to the present covennt.article 7 of the covenant corresponding to article 5 of the universal declaration of human rights reaffirmed that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.232. ..... the answer to the foregoing question be in the negative, whether the sentencing procedure provided in section 354(3) of the crpc, 1973 (act 2 of 1974) is unconstitutional on the ground that it invests the court with unguided and untrammelled discretion and allows death sentence to be arbitrarily or freakishly imposed on a person found guilty of murder or any other capital offence punishable under the indian penal code with death or, in the alternative, with imprisonment for life.15. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC376; 1980CriLJ1421; 1980Supp(1)SCC211
..... , for causing injuries to gian singh and didar singh, and under section 27 of the arms act for unlawful use of firearms.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC844; [1981(42)FLR192]; 1980LabIC1367; (1981)ILLJ193SC; (1981)1SCC568; [1981]2SCR52
..... continues to make certain observations on the enforcement on the regime of legality and their importance for the indian scene :if the tone of public life is sufficiently honest and fairminded, formal norms are relatively unneeded ..... the argument is, who are you to ask about the wrong committed or illegal act of the corporation if you have suffered no personal injury to property, body, mind or reputation an officious busybody picking up a stray dispute or idle peddlar of blackmail-litigation through abuse of the process of the court cannot be permitted to ..... assuming that the government-company has acted mala fide, or has dissipated public funds, can a common man call into question in a court the validity of the action by invocation of articles 32 or 226 of the ..... if the directorate of a government company has acted fairly, even if it has faltered in its wisdom, the court cannot, as a super-auditor, take the board of directors ..... profound issues of processual jurisprudence of great strategic significance to our legal system face us and we must zero-in on them as they involve problems of access to justice for the people beyond the blinkered rules of 'standing' of british indian vintage. ..... the indian citizen does expect some cybernetic system or ombudsman mechanism whereby power geared to public good does not betray the goals of ..... a government of india undertaking, is a company incorporated under the companies act 1956 and is a 'government company' within the meaning of section 617 of that act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC1325
..... ' the same reasons which have weighed with me in holding that the burden must lie on the state to prove that the death penalty provided under section 302 of the indian penal code read with section 354 sub-section (3) of the crpc is not arbitrary and unreasonable and serves a legitimate penological purpose where the challenge is under article 21 must apply equally to cast the burden ..... ' the question at issue in the present writ petitions is one of momentous significance namely, whether the state can take the life of an individual under the cover of judicial process and whether such an act of killing by the state is in accord with the constitutional norms and values and if, on an issue like this, a judge feels strongly that it is not competent to the state to extinguish the flame of life in an individual by employing the ..... they must be aware that there are before them more than verbal problems; more than final solutions cast in generalisations of universal applicability.constitutional law raises, in a legal context, problems of economic, social, moral and political theory and practice to which non-lawyers have much ..... this latter resolution clearly affirmed that:in order to guarantee fully the right to life, provided for in article 3 of the universal declaration of human rights, the main objective to be pursued is that of progressively restricting the number of offences for which capital punishment may be imposed, with a view to the desirability of abolishing this punishment in all .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC431; 1983CriLJ831; 1984(1)Crimes804(SC); 1983(1)SCALE245; (1983)2SCC358; [1983]2SCR564
1. these appeals by special leave are directed against the dismissal of criminal appeals nos. 1918 and 1923 of 1963 by a division bench of the allahabad high court. those appeals in the high court were filed against the conviction of nine accused persons, om prakash (a-1), anoop singh (a-2), sheo gopal (a-3), raj narain (a-4), chandra prakash (a-6), mool chand (a-12), beni singh (a-16) ram pal (a-17) and lajjar ram alias raja ram (a-18) under section 396 i.p.c. and the sentence of imprisonment for life awarded to them by the learned sessions judge, kanpur etawah at kanpur in sessions trial no. 172 of 1969, in which in all 18 accused persons were tried. the trial court acquitted the other nine accused, bhoop singh (a-5), virendra (a-7), ramadhin (a-8), ranjit (a-9), chhotay lal (a-10), chunni lal (a-11), bhanu prakash (a-13), dhani ram (a-14) and ram gopal (a-15) in the alleged dacoity with murder at the house of mauji lal, pradhan in makhauli village, at about 1. a.m. in the night of 16/17.2.1968. in that incident mauji lal died and his wife ram shree (p.w. 2), parasuram (p.w. 7) and p.w. 2's brother ram shankar (p.w. 8) are stated to have sustained injuries.2. the case of the prosecution was this: there was enmity between the deceased pradhan mauji lal and his brother baij nath (p.w. 1) on one hand and the appellants on the other ever since the deceased mauji lal, fought an election battle in 1955 with mauji lal, the father of om prakash (a-1) and bhagwati prasad, the father .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1213; 1983(2)SCALE156; (1983)4SCC276; [1983]3SCR684; [1983]54STC273(SC)
..... . in that case the income tax officer had forwarded a certificate under section 46(2) of the indian income tax act to the collector for recovering the arrears of income-tax from the assessee as if they were ..... the powers conferred by section 33, the collector shall, for the purposes of recovering the amount specified in the certificate, have also all the powers which a collector has under the revenue recovery act, 1890 and a civil court has under the cpc, 1908 for the purpose of recovery of an amount due under a decree. ..... . it may be noted that where the procedure relating to execution mentioned in the cpc is to be adopted, u.p, zalr act has made an express reference to it in section 282(2) which deals with attachment and sale of movable property by providing that every attachment and sale under section 282 shall be made according to the ..... for a writ of habeas corpus the high court of madras ordered the release of the assessee holding that section 48 of the madras revenue recovery act, 1864 and section 46(2) of the indian income tax act, 1922 were ultra vires ..... that the petitioners in some of these petitions have filed appeals or some other petitions under the u.p sales tax act against the orders of assessment and that such appeals or petitions are still pending ..... . the foregoing shows that in the contemporary indian conditions the process of arrest and detention of a judgment-debtor or a defaulter to enforce payment of the amount due from him ..... . no universal rule can be laid .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1155; 1983CriLJ1602; 1983(2)Crimes770(SC); 1983(2)SCALE340; (1983)4SCC645; [1984]1SCR1
..... majority, has summed up the position thus :with regard to onus, no hard and fast rule of universal application in all situations, can be deduced from the decided cases in some decisions such as saghir ahmedv ..... draw attention to an article 'the death penalty : moral argument and capricious practice' by andrew rutherford, a senior lecturer in law at the southampton university, which appeared in 'the listener' of july 7, 1983, published by the british broadcasting corporation. ..... i would like, however, to state that in the judgment, my learned brother has observed:therefore, as soon as it is shown that the act invades a right guaranteed by article 21, it is necessary to enquire whether the state has proved that the person has been deprived of his life or persona] liberty according to procedure established by law, that is to say, by a ..... it is wrong to treat the principles enunciated by the learned chief justice as of universal application and, in that process, to apply them to cases arising under other articles of the constitution, ..... after referring to the indian and the american cases bearing on the subject, the majority recorded its conclusion by saying that 'the state has discharged its burden' to establish that death penalty serves as a deterrent, ..... chopping off of limbs which was not considered cruel centuries ago or is not considered cruel in some other parts of the world to-day, is impossible to conceive as a punishment by applying the contemporary standards of the indian society. .....
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