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Bachan Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; [1983]1SCR145a

..... rights conferred by article 19(1) if it does, does it abridge or abrogate any of those rights and even if it does not, in its pith and substance, deal with any of the fundamental rights conferred by article 19(1), is the direct and inevitable effect of the impugned law such as to abridge or abrogate any of those rights the mere fact that the impugned law incidentally, remotely or collaterally has the effect of abridging or abrogating those rights, will not satisfy ..... on this latter aspect of the matter, we are of the opinion that the deprivation of freedom consequent upon an order of conviction and sentence is not a direct and inevitable consequence of the penal law but is merely incidental to the order of conviction and sentence which may or may not come into play, that is to say, which may or may not ..... however cannot stop us from evaluating the effectiveness of those programmes and devices by studying their effect on the accident rates where they are used for a reasonable time. ..... also emphasized the disturbing implications of this argument favouring elimination of a killer who is a social monster and uttered the following warning 'if it is right to eliminate useless and dangerous members of the community why should the accident of having committed a capital offence determine who should be selected. ..... like saying, for example, that we have no way of knowing about traffic safety because motorists do not report when they are saved from accidents by traffic safety programmes or devices. .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... a not possible to emphatically assert that a particular view taken by one judge is wrong and a different view taken by and other judge is right, the nature of the judicial process being what it is, it is inevitable that the view taken by a judge, perfectly bona fide though it may be, may not accord with the expectations of a section or group of persons believing in a particular social or political philosophy, but that cannot ..... is going to be suspect for discharging his functions fairly and conscientiously, then his functioning as the chief justice would never be smooth vis-a-vis cji.in view of the above, secretary (j) may examine immediately as to whether it is inevitable to furnish the letters of the chief justice of delhi to the cji for his comments or would it be sufficient if on the basis of his previous endorsements, we address a letter to the cji for ..... for great cases are called great, not by reason of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment, these immediate interests exercise a kind of hydraulic pressure which makes ..... law. for great cases are called great not by reason of their real importance in shaping the law of future; but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment, these immediate interests exercise a kind of hydraulic ..... not on merits but on accident .....

Anil Kak Vs. Kumari Sharada Raje and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2195; JT2008(5)SC589; (2008)5MLJ682(SC); RLW2009(1)SC760; 2008(6)SCALE597; (2008)7SCC695

..... this case afforded two sufficient grounds for the rejection of the paper; first, that it was not the whole will; and secondly, that its completion was not prevented by inevitable circumstances].in short, the presumption is always against a paper which bears self-evident marks of being unfinished; and it behoves those who assert its testamentary character distinctly to show, either that the deceased intended the .....

Amanpreet Singh Vs. University of Delhi and ors.

Court : Delhi

Reported in : 132(2006)DLT648

..... (ii) the principal of a college may consider, on the basis of the medical certificates produced, exceptionally hard cases of students who had fallen seriously ill or had met with an accident during the year disabling them from attending classes for a certain period, with a view to determining whether the lectures etc. ..... in the circumstances, the inevitable conclusion is that the undertaking was given by the petitioner in terrorem and will not bind him.21. ..... under ordinance vii (9) (a) (ii), the hard cases of students who had fallen seriously ill or met with an accident disabling them from attending classes for a certain period could be excluded for purpose of calculation of attendance of the year and each case is to be decide on its own merit. .....

V.L. Narasu Carrying on Business Under the Name and Style of Narasu Pi ...

Court : Chennai

Reported in : AIR1953Mad300; (1952)2MLJ832

..... jane', (1647) aleyn, 26"when the party, by his own contract, creates a duty or charge upon himself, he is bound to make it good, it he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. ..... there seems no doubt that, where there is a positive contract to do a thing, not in itself unlawful, the contractor must perform it or pay damages for not doing it, although in consequence of unforeseen accidents, the performance of his contract has become unexpectedly burthensome or even impossible......but this rule is only applicable when the contract is positive and absolute, and not subject to any condition either express or implied; and .....

In Re: Singaram Padayachi and ors.

Court : Chennai

Reported in : AIR1944Mad223

..... if the probability of death is very great, then it seems to us the requirements of thirdly under section 300 are satisfied, and the fact that a particular individual may by the fortunate accident of his having secured specially skilled treatment or being in possession of a particularly strong constitution have survived an injury which would prove fatal to the majority of persons subjected to it, is not enough to prove that such an injury is not sufficient 'in ..... we are not prepared to assent to any argument that an injury sufficient in the ordinary course of nature to cause death is an injury, which inevitably and in all circumstances must cause death. .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... rights conferred by article 19(1) if it does, does it abridge or abrogate any of those rights and even if it does not, in its pith and substance, deal with any of the fundamental rights conferred by article 19(1), is the direct and inevitable effect of the impugned law such as to abridge or abrogate any of those rights ?the mere fact that the impugned law incidentally, remotely or collaterally has the effect of abridging or abrogating those rights, will not satisfy ..... on this latter aspect of the matter, we are of the opinion that the deprivation of freedom consequent upon an order of conviction and sentence is not a direct and inevitable consequence of the penal law but is merely incidental to the order of conviction and sentence which may or may not come into play, that is to say, which may or may not ..... however cannot stop us from evaluating the effectiveness of those programmes and devices by studying their effect on the accident rates where they are used for a reasonable time. ..... also emphasized the disturbing implications of this argument favouring elimination of a killer who is a social monster and uttered the following warning "if it is right to eliminate useless and dangerous members of the community why should the accident of having committed a capital offence determine who should be selected. ..... like saying, for example, that we have no way of knowing about traffic safety because motorists do not report when they are saved from accidents by traffic safety programmes or devices. .....

National Carriers Limited Versus Panalpina (Northern) Limited

Court : House of Lords

..... it went on the then prevalent rule of the law of contract that a party who " by his own contract creates a duty or charge upon himself, he is " bound to make it good, if he may, notwithstanding any accident by " inevitable necessity, because he might have provided against it by his " contract. ..... then it is said that it is a basic principle of land: law not now to be disturbed hi your lordships' house which has prevailed both in relation to the conveyance of freeholds and leasesthat the incidence of the risk of accidents passes to the purchaser or lessee. .....

Mspl Limited, Rep by Its Executive Director. Vs. the State of Karnatak ...

Court : Karnataka

Reported in : 2009(1)KCCR5(SN)

..... leases in forest areas as a matter of rule and only as an exception, forest areas may be notified for grant of mining leases, after fully establishing the imminent and inevitable need for exploiting the mineral and if it is found such exploitation is in the national interest for making available mineral which otherwise cannot be obtained for the nation building activities ..... above directions and till a scientific evaluation is made and the imminent need for carrying out mining operations in the forest area is established and only if it is established that it is inevitable for carrying on the mining operation even at the cost of losing forest, then alone, leases can be permitted to work, otherwise, the state government is directed to take steps ..... of conserving mineral also.f) the state government should make a very scientific and conscious evaluation of the consequences of losing precious forest as to whether it is so very imminent and inevitable for exploiting the mineral for being used in the production of the mineral for country's purpose and development and such related aspects should always be examined and only if it ..... if the area has already been declared as reserved forest area, it should normally be retained without being disturbed and only if the state government is fully satisfied that there is inevitable need justifying de-reservation and to permit a non-forest activity, that should be examined keeping in view the nature of non-forest activity proposed to be carried out in the .....

United India Insurance Co. Ltd Vs. Avtar Singh and ors

Court : Delhi

..... the court or the tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of disability and its consequences, is inevitable. ..... 1 / claimant was at the young age of 19 years when he met with an accident. ..... , 1988 ('the act', for short) makes it clear that the award must be just, which means that compensation should, to the extent possible, fully and adequately restore the claimant to the position prior to the accident. .....