Court : Supreme Court of India
Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497
..... s. 302 of the indian penalcode. he was produced before the additional chief presidency magistrate,greater bombay, in connection with that charge on april 28, 1959. themagistrate remanded him to police custody on that day. on the following day(april 29, 1959) the magistrate received a letter from the flag officer,bombay, to the effect that he was ready and willing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... temper freedom of property with social responsibilities attached to property. the limitations on property are of many different kinds. the state's right of taxation, its police power and the power of expropriation-subject to fair compensation- are examples of public restrictions on freedom of property which are now universally recognised and used. another ..... as negligence in particular circumstances are equally capable of serving as tests in law. extracting those observations it was said by mr. palkhivala that though the border-line between essential features and non-essential features could not be stated or it was not possible to specify exhautively the amendment which could be invalid on ..... the fundamental features of our constitution. for doing so, one has only to look to the preamble. it is true that there are bound to be border line cases where there can be difference of opinion. that is so in all important legal questions. but the courts generally proceed on the presumption of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2187; (1989)1CompLJ105(SC); JT1988(3)SC787; 1988(2)SCALE1574; 1989Supp(1)SCC504; [1988]Supp2SCR690; 1988(2)LC680(SC)
..... ' by describing it as the loftiest mountain on earth surface located on the north of the country. the himalayan ranges apart from operating as a natural seal on the northern border against intruders, have influenced the climate, culture, ecology and environment of the sub continent. these are the ranges from where originate several perennial rivers like the ganges and the yamuna .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC855; [1992]74CompCas482(SC); JT1990(3)SC417; 1990(2)SCALE200; (1990)4SCC406; [1990]3SCR649
ORDER1. The common question which arises for consideration in these appeals, by special leave, and the writ petition filed under Article 32 of the Constitution is, whether a person who was inducted as a tenant in premises, which are public premises for the purpose of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (hereinafter referred to as the 'Public Premises Act'), and whose tenancy has expired or has been terminated, can be evicted from the said premises as being a person in unauthorised occupation of the premises under the provisions of the Public Premises Act and whether such a person can invoke the protection of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Rent Control Act'). In short, the question is, whether the provisions of the Public Premises Act would override the provisions of the Rent Control Act in relation to premises which fall within the ambit of both the enactments.2. Civil Appeals Nos. 2368 and 2369 of 1986 relate to the pre...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC573; 46(1992)DLT290(SC); JT1991(6)SC373; 1992LabIC332; (1992)ILLJ475SC; 1991(2)SCALE996; (1992)1SCC441; [1991]Supp2SCR267; 1992(1)LC111(SC)
Ranganath Misra, C.J.1. I have had the advantage of perusing the draft judgments prepared by my learned brethren Punchhi and Ramaswamy, JJ. While Justice Punchhi has gone by the literal construction of the statute, brother Ramaswamy has tried to find out the spirit of the legislation and with a view to conferring the benefit on the workmen, has adopted a construction different from the reported decision of this Court.2. I agree with Justice Punchhi that the appeals should be dismissed and the judgment of the Division Bench should be sustained. At the same time, I would like to add that the legislative intention should have been brought out more clearly by undertaking appropriate legislation once this Court took a different view in the decision referred to in brother Punchhi's judgment. The legislation is beneficial and if by interpretation put by the Court the intention is not properly brought out it becomes a matter for the legislature to attend to.M.M. Punchhi, J. :3. The sole questi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1831; [1992]75CompCas321(SC); 1992CriLJ2781; 1992(2)Crimes314(SC); (1992)108CTR(SC)84; 1992(40)ECC352; [1992]197ITR196(SC); JT1992(3)SC129; 1992(1)SCALE1006; (1992
ORDERS.Ratnavel Pandian, J.1. The Criminal Appeal No. 631/90 is directed by the two appellants namely, K.T.S. Mohammed and M. Jamal Mohammed and Criminal Appeal No. 632/90 is directed by AmanuUah Quareshi. All the three appellants are challenging the correctness of the common order made by the High Court of Madras in Criminal Revision Case Nos. 229/81 and 239/81 respectively dismissing the revisions and confirming the judgment of the lower Appellant Court made in Cr. A. Nos. 221 and 222 of 1980 which in turn affirmed the judgment of the trial Court convicting and sentencing the appellants under the provisions of the Indian Penal Code and the Income-tax Act (hereinafter referred to as 'the I.T. Act').2. The facts leading to the prosecution case are well set out in the judgments of the Courts below. Nevertheless, we think it necessary to recapitulate the basic matrix, though not in details, in order to enable us to give our own reasons for the findings which we will be arriving at.3. The...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC2219; JT1992(5)SC1; 1992(2)SCALE257; (1992)4SCC506; [1992]Supp1SCR108
..... the decisions of this court in the bharat bank ltd. v. employees of the bharat bank ltd. : (1950)nullllj921sc ; durga shankar mehta v. thakur raghuraj singh and ors. : [1955]1scr267 ; indo-china steam navigation co. ltd. v. jasjit singh : 1964crilj234 and dev singh and ors. v. registrar, punjab and haryana high court and ors. : (1987)iillj11sc , shri sibal has contended that ..... holds the document in his statutory capacity under the act. the anchor of sri nariman lost its hook.143. the question then is whether the committee is a tribunal? in indo-china steam navigation co. ltd. v. jasjit singh, addl. collector of custom and ors. : 1964crilj234 the facts were that under the customs act on proceedings having been taken and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC2279; JT1992(5)SC335; 1992(2)SCALE403; (1993)1SCC22; [1992]Supp1SCR349
ORDERYogeshwar Dayal, J.1. This appeal has been preferred against the Full Bench decision of the Delhi High Court dated 1st February, 1991. Leila Seth and V.B. Bansal, JJ. agreed with Nag, J. that the condition of deposit of tax amount under Section 170(b) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the Act') is a condition precedent for hearing or determination of the appeal and the District Judge had no discretion to grant stay of the disputed amount or dispense with the requirement of pre-deposit of the amount in appeal, with or without conditions, in the office of the Corporation. They also agreed as to the amount which was to be so deposited. The difference of opinion was only restricted to the vires of Section 170(b) of the Act. The majority of learned Judges took the view that Section 170(b) of the Act is not ultra vires the Constitution but Nag. J. took the view that Sub-section (b) of Section 170 is violative of Article 14 of the Constitution of I...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1; 1993(1)ALT(Cri)265; 1993(41)BLJR75; 1992CriLJ3712; JT1992(6)SC21; 1992(2)SCALE523; (1992)4SCC272; [1992]Supp1SCR545
..... bihar : 1987crilj157 a similar question came up for consideration. in that case on the night between 29th/30th november, 1984 the security police patrol on duty near jogbani check post on the indo nepal border intercepted a speeding jeep with five occupants, one of them being a dismissed ips officer. he was wanted. a detention order under ..... measures for the discovery and arrest of the offender. in state of m.p. v. mubarak ali : 1959crilj920 , this court held that 'investigation starts after the police officer receives information in regard to an offence under the code. investigation consists generally of the following steps (a) proceeding to the spot; (b) ascertainment of the ..... a magistrate having such jurisdiction. the proviso thereto further enjoins that the magistrate may authorise the detention of the accused person, otherwise than in custody of the police beyond the period of 15 days only, if he is satisfied that adequate grounds exist for doing so. but, however, he is enjoined that no .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... state not to have been guilty of the conduct which necessitated stationing of the police force it was struck down as discriminatory since it could not be shown by the state that there were no law abiding persons in other communities. similarly ..... well. for instance, in state of rajasthan v. pradip singh, : [1961]1scr222 , where exemption granted to muslims and harijans from levy of cost for stationing additional police force was attempted to be defended because the notification was not based, 'only' on caste or religion but because persons belonging to these communities were found by the ..... lal and ors. : [1971]3scr267 upheld the reservation which was made not by a legislation but by an executive order. see also mangal singh v. punjab state police 0065/1968 .309. agreeing with the reasonings of balaji, i hold that the provision or reservation in the 'services under the state' under article 16(4) can .....
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