Court : Supreme Court of India
Reported in : AIR1977SC1926; 1977CriLJ1557; (1977)3SCC287; [1978]1SCR153
..... solutions to tangled social issues do not come like the crack of down but are the product of research and study, oriented on the founding faiths of society and driving towards that transformation which is the goal of free india. ..... we have no doubt that the jail authorities will afford facilities to the appellant to do his last-minutes studies and take the examination and, for that purpose, allow him to go to any library and the examination hall under proper conditions of security.35. ..... where counsel addresses the court with regard to the character and standing of the accused, they are duly considered by the court unless there is something in the evidence itself which belies him or the public prosecutor for the state challenges the facts. ..... this majuscule strategy involves orientation courses for the prison personnel. ..... he has a degree in bachelor of oriental languages and another in commerce, which suggests that he may respond to new cultural impact. ..... all such facts and circumstances are capable of being proved in accordance with the provisions of the indian evidence act in a trial regulated by the cr. p.c. ..... the kerala high court, in shiva prasad 1969 ker. l.t. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
..... terms denoting different shades of culpability and types of excess of power), can arise on the allegations of threatened action in the cases before us, which really amount only to this; the union government proposes to act under article 356 of the constitution to give electors in the various states a fresh chance of showing whether they continue to have confidence in the state governments concerned and their policies despite the evidence to ..... their advice to the president cannot be inquired into by the courts, we expect the central government in taking momentous decisions having far reaching consequences on the working of the constitution, to act with great care and circumspection and with some amount of objectivity so as to consider the pros and cons and the various shades and features of the problems before them in a cool and collected ..... the people is the basis of democratic form of government and when that is withdrawn so entirely and unequivocally as to leave no room for doubt about the intensity of public feeling against the ruling party, the moral authority of the government would be seriously undermined and a situation may arise where the people may cease to give respect and ..... , in the following passage:my view then is that only case in which the court can interfere with an act of a public body which is, on the face of it, regular and within its powers, is when it is proved to be in fact ultra vires and that the references in the judgments in the several cases cited ..... 1969 .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1978Bom119; (1977)79BOMLR499
..... from destruction or over-exploitation by their owners and for promoting systematic and scientific development and management of such forests for the purpose of attaining and maintaining ecological balance in the public interest, for improving the socio-economic conditions of the rural population, and particularly of the adivasis and other backward communities who generally live in forest areas, for developing as ..... protected by clause (b) of article 304 of the constitution, inasmuch as, restrictions imposed on freedom of trade and commerce within and without the state of maharashtra are highly unreasonable and not in public interest and also for the reason that neither the original enactment nor the amendments made therein were introduced or moved in the maharashtra state legislature with the previous sanction of the president of india ..... state of west bengal : air1962sc1044 , the question before the court was whether the west bengal oriental gas company act, 1960 was within the legislative competence of west bengal state legislature and while discussing the scope of the expression 'industry' occurring in entries 7 and 52 in list i and also occurring ..... 23 of 1969 (hereinafter referred to as-i the 'scheduled tribes act') under which the collector had to be satisfied that the agreement for sale was voluntary and ..... wtn/us/2680/69 dated 11-9-1969 passed by the collector of nasik by which the nature of jahagir of the 1st petitioner was held to be a proprietary one and he got physical .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]113ITR173(Guj)
..... and thereafter it discontinued as said business and derived income from property and interest on deposits; (2) the assessee always deposited the excess funds available with it with various parties and declared, up to assessment year 1969-70, interest income under the head 'income from other sources'; (3) in the assessment year in question interest income was derived from loans advanced to five parties and scrutiny of the accounts of those parties revealed that ..... where, therefore, a party not only raised no objection to certain evidence being brought on record but indeed appeared to have invited the adjudicating authority to act on such evidence, it cannot be allowed later on to object to such evidence having been considered by such authority merely because the decision has gone against it (see kalyan peoples' co-operative bank ltd. ..... while what is not relevant under the evidence act, cannot in proceedings to which the evidence act applies, be made relevant by consent of parties, relevant evidence can be brought on the record for consideration of the court of the tribunal without following the regular mode if parties ..... if a particular income is not taxable under the income-tax act, it cannot be taxed on the basis of estoppel or any other ..... in oriental investment ..... assessee is a public limited company. ..... the next resolution which is dated january 31, 1969, speaks of 'advance' of a sum ..... the tribunal has acted either in the circumstances mentioned in the first or in the second category .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi327; 1978RLR442
..... . this contention seems, however to have been raised in ignorance of the union, territories (separation of judicial and executive functions) act, 1969, section 5 whereof provides that 'where under any law the functions exercisable by a magistrate relate to matters which involve the appreciation or sifting of evidence or the formulation of any decision which exposes any person ..... of defense colony police station was on leave that day and inspector daijit singh, station house officer of hazrat nizam-ud-din police station, (public witness 80), was discharging the additional duty of looking after the defense colony police station. ..... that horoscope (exhibit pi 32) was not recovered from bhagwan das but was recovered by the police from shakuntia devi (public witness 21) to whom chandresh had entrusted some of her articles when leaving for ambala. ..... he was with chandresh and rakesh on november 28, 1973 when they went to bhagwan das (public witness 31), an astrologer, in the taxi driven by ramji, for showing two horoscopes to him one of herself and the other ..... inspector jagmal singh, station house officer of police station defense colony, (public witness ioo), who had resumed duty, took over investigation from inspector daijit ..... (11) rakesh is said to have utilized the services of lance naik jagdish parshad sharma (public witness 50) for contacting a sivana at deeg for a ghat (wt)(proper or suitable time or period for a work or action, opportune moment vide a dictionary of urdu classical hindi .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... be, the legislative assembly of the state, by notification in the official gazette, appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions ..... the legislative assembly of the state, by notification in the official gazette appoint a commission of inquiry for the purpose of making an inquiry into any definite matter of public importance and performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions ..... objects of national or military importance, delegation of certain powers, some arbitrations, recognition throughout the territory of india of certain public acts and judicial proceedings of the union and of every state, determination of disputes relating to waters, and certain other matters involving co-ordination between the states. ..... formulate it now separately and specifically as follows : do both the state and the central government inquiries relate to the 'same matter' within the meaning of proviso (b) to section 3(1) of the act so as to bar an inquiry by the central or union government so long as the state commission is functioning the state government's notification dated 18-5-1977, reads as under :-government of karnatakakarnataka ..... oriental .....
Tag this Judgment!Court : Kolkata
Reported in : (1978)IILLJ139Cal
..... be maintained to secure performance of obligations owed by a company towards its workmen or to resolve any private dispute....the company being a non-statutory body and one incorporated under the companies act there was neither a statutory nor a public duty imposed on it by the statute in respect of which enforcementcanbe sought by means of mandumus, nor was there in its workmen any corresponding legal right for enforcement of any, such statutory ..... there are only four companies (excluding the corporation) in existence and that they are so situate as to render their combined services effective in all parts of india.section 21(1) nothwithstanding anything contained in the companies act, or in the memorandum and articles of association on any indian insurance company, on and from the appointed day and until a new board of directors of the indian insurance company is duly constituted, the ..... aforesaid legislation and scheme thereunder it appears that the obligations and liabilities of sterling, including the liability, if any, to the petitioner became the liability of the oriental which is an existing government company with the general insurance corporation if india as holder of all its shares except shares not exceeding ten as provided in section ..... bihar : (1969)iillj549sc , ..... imanual : (1969)iillj479sc , wherein the supreme court observed as follows :article 225 provides that every high court shall have power to issue to any person or authority orders and writs including writs .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1978All306
..... upz 2719 was insured for the period 11th february, 1968 to 10th february, 1969 for one year with them and reoti raman had a learner's licence from august 1967 to october, 19-67 but had no licence whatsoever from november 1967 till 9th may, 1968 ..... section 3 of the motor vehicles act, 1939 prohibits a person from driving a motor vehicle in any public place unless he holds an effective driving licence issued to himself authorising him to drive the vehicle ..... inasmuch as he had no driving licence, his action was in contravention of section 3 of the said act, he should have first obtained a driving licence and then attempted to drive the vehicle. ..... provides that whenever the death of a person shall be caused by wrongful act, neglect or default, and the act, neglect or default is such as would if death had not ensued have entitled the party injured to maintain an action and recover damages in respect thereof, the party who would have been liable if death had not ..... this petition was contested by reoti raman and oriental fire and general insurance co. ..... while thus driving his motorcycle on the public road he collided with mahesh vijai singh and the accident proved ..... short question to be decided is whether it was a wrongful act of reoti raman to drive the motor-bicycle without a licence. ..... (3) whether oriental fire and general insurance co ..... 50,000 under section 110-a of the motor vehicles act on 3rd july, 1968 before the motor accidents claims tribunal, lucknow ..... oriental fire and general insurance co .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... petitioner received a letter dated 2nd july, 1977 from the regional passport officer, delhi intimating to her that it has been decided by the government of india to impound her passport under section 10(3)(c) of the act in public interest and requiring her to surrender the passport within seven days from the date of receipt of the letter. ..... , enacted banking companies (acquisition of transfer of undertaking) act, 1969. ..... 19th july, 1969, the acting president promulgated an ..... secretary of state for home affairs [1969] 2 chancery division 149 :-where a public officer has power to deprive a person of his liberty or his property, the general principle is that it has not to be done without his being given an opportunity of being heard and of making representations on ..... , the jurists' conference in bangalore, concluded in 1969, made a sound statement of the indian law subject, of course, to savings and exceptions carved out of the generality of that conclusion :freedom of movement of the individual within or in leaving his own country, in travelling to other ..... : [1969]3scr865 wherein construing the provisions of section 3(2)(e) of the indian electricity act 9 of 1910 as amended ..... cane commissioner, bihar : [1969]2scr807 , the supreme court held that 'it would not be proper to equate an order revoking of modifying a licence with a decision not to ..... agrawal : [1969]3scr108 , has held that a limited judicial scrutiny of the impugned decision on the point of rational and reasonable nexus was open to .....
Tag this Judgment!Court : Delhi
Reported in : ILR1978Delhi536
..... -especially by the police andthe witnesses, but he denied the further suggestion that neither be nor hiscolleagues were at bhopal from 11th december or that he was takenback by the police by air to delhi on the 13th public witness 4 admitted in crossexamination that he went to the dev nagar police post that day and'that he had seen the accused there but he also added that they werewith the police 'on the back ..... stains in the dickey and edges of the dickey of the car,coupled with the presence of vegetable matter identical to that which wassiezed later from the secluded spot at barren road lane further support to the evidence of public witness i in the matter of his participation.among the appellants, he had a distinctly oval face (long or pointedchin as it is variously called) and this is a much more importantfeature than whether he had or did not have ..... no corroboration is available would not by itself render theevidence of the approver on that particular unacceptable for whatis to be expected and is likely to be useful is only corroboration inmaterial particulars in respect of the evidence of.p.w.i- similarly thequestion whether public witness 1 secured the revolver from public witness 67 prior tothe trunkcall which was received from sunil from delhi by ravi (on 28/09/1973 or afterwards) is again not a matter of muchsignificance; this may after all be a matter of ..... dtities.(143) corresponding sections in the later act of 1969 are sections 3and 4 and they read as follows:'3.power .....
Tag this Judgment!