Court : Supreme Court of India
T.S. Thakur, J. 1. Leave granted. 2. This appeal arises out of a judgement and order dated 24th August, 2010 passed by the High Court of Judicature at Bombay, Aurangabad Bench, whereby Criminal Appeal No.359 of 2008 filed by the appellant and two others has been dismissed in so far as the appellant is concerned and allowed qua the remaining two, thereby upholding the appellant’s conviction for the offence of murder punishable under Section 302 of the I.P.C and the sentence of imprisonment for life with a fine of Rs.2,000/- awarded to him. In default of payment of fine the appellant has been sentenced to undergo a further imprisonment for a period of three months. 3. The factual matrix in which the appellant came to be prosecuted and convicted has been set out in detail by the trial Court as also the High Court in the orders passed by them. We need not, therefore, recapitulate the same all over again except to the extent it is necessary to do so for the disposal of this appeal. Br...
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..... right, has been explained as an essential part in every one s life. in order to understand its consequential effects on the society at large, the father of the nation, mahatma gandhi, while referring to education has stated, live as if you were to die tomorrow. learn as if you were to live forever . later reinforced by nelson mandela education is the .....
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..... the court found other appellant-doctors also guilty for medical negligence.77. it is further contended that the national commission on 31st march, 2010 in s.p. aggarwal vs. sanjay gandhi p.g. institute (fa no.478/2005) held that in view of the fact that several doctors and paramedical staff of the appellant institute were involved, it is the appellant .....
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..... factories specified in the said rules with effect from the date of publication of the notification in the official gazette. it included m/s. air india ground services department, indira gandhi international airport, delhi (engineering unit). the workmen working in air india ground services department canteen, hereinafter referred to as the canteen , raised an industrial dispute and the competent government made ..... virtue of section 3 of the air corporations (transfer of undertakings and repeal) act, 1994, air india has vested in indian airlines limited. it has ground services department at indira gandhi international airport, delhi. respondent no.2 is hotel corporation of india, which is a government company incorporated under the companies act. the authorized share capital of the hotel corporation of .....
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..... legislated but it must also be just, fair and reasonable. arising from this are the notions of legitimate state interest and the principle of proportionality. in maneka gandhi v. union of india (supra), this court laid down the due process requirement in the following words: 13. articles dealing with different fundamental rights contained in ..... definiteness is regarded as a fundamental concept in criminal law and must now be regarded as a pervading theme of our constitution since the decision in maneka gandhi [1978]. 2 scr621. the underlying principle is that every person is entitled to be informed as to what the state commands or forbids and that the ..... the private sphere of individuals without justification which is not permissible. the principle has been incorporated into indian jurisprudence in the last few years after the maneka gandhi case. the test of whether a law is just fair and reasonable has been applied in examining the validity of state action which infringes upon the realm .....
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..... above-mentioned persons pleaded not guilty and claimed to be tried.4. the prosecution, in order to establish its case, examined 20 witnesses. two accused persons, namely, gandhi deb barma and ashok deb barma alias ashok achak (i.e. the appellant herein) were examined under section 313 crpc and, in their examinations, they denied to have ..... to want of evidence, the trial court acquitted three persons vide its order dated 23.4.2005 under section 232 crpc and only two accused persons, namely, gandhi deb barma and the appellant herein were called upon in terms of section 232 crpc to enter on their defence and, accordingly, the defence adduced evidence by examining ..... two witnesses.5. the additional sessions judge, west tripura, agartala, having found the appellant and gandhi deb barma guilty of the offences under sections 326, 436 and 302 read with section 34 ipc and also section 27(3) of the arms act, 1959 read .....
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..... : i, sushil ansal, s/o late shri charanji lal, r/o n-148, panchshila park, new delhi, chairman of green park theatres associated (p) ltd., 115 ansal bhawan, 16 kastuba gandhi marg, new delhi 110001, am applying for renewal of license for the year 1992-93. i have not without permission, transferred the license or the licensed place or the cinematographs ..... balcony of the auditorium from the left side. all this happened while a large number of people were seated in the auditorium enjoying the matinee show of border , a popular hindi movie with a patriotic theme. because of smoke and carbon monoxide released by the burning oil and other combustible material, the people in the auditorium started suffocating.7. the shift .....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4611 OF2014(Arising out of SLP (Civil) No.19379/2013) M/S. SOMA ISOLUX NH ONE TOLLWAY PRIVATE LIMITED . Appellant Versus HARISH KUMAR PURI & ORS. ..Respondents JUDGMENT GYAN SUDHA MISRA, J.1. Leave granted.2. This appeal by special leave has been filed assailing the order dated 27.5.2013 passed by the High Court of Punjab and Haryana at Chandigarh in C.M.No.3301/2013 arising out of CWP No.13848/1998 whereby certain adverse directions to be related hereinafter were issued having grave implication on the contractual rights of the appellant- M/s. Soma Isolux NH One Tollway Pvt. Ltd. (hereinafter referred to as the Concessionaire company) as it was saddled with a fine of Rs.60 crores and Rs.7 crores to be paid by the appellant-Concessionaire Company and its Director respectively which were to be deposited with the Registrar General of the High Court within one month of the date of the order. The respo...
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..... altering or changing with retrospective, curative or neutralising effect the conditions on which such decision is based. as pointed out by ray, c.j.in indira nehru gandhi v. raj narain, the rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactment is a well- known pattern ..... the executive and the judiciary could be regarded as basic elements of the constitutional structure. the same view is expressed in subsequent decisions of this court in indira nehru gandhi[42]., bal mukund sah[43]. and i.r. coelho[44].. the nine-judge constitution bench in i.r. coelho44 has described that equality, rule of law, ..... 13 of the constitution. the legislature also cannot declare any decision of a court of law to be void or of no effect . kesavananda bharti, indira nehru gandhi, bal mukund sah and i.r. coelho 102. that separation of powers between the legislature, the executive and the judiciary is the basic structure of the constitution .....
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..... discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance. while dealing with the concept of democracy, the majority in indira nehru gandhi v. raj narain[1]., stated that democracy as an essential feature of the constitution is unassailable. the said principle was reiterated in t.n. seshan, cec of india v. union ..... and the parliamentary system prevalent in our country under the constitution. for the aforesaid purpose, he has placed reliance on the decision in u.n.r. rao v. smt. indira gandhi[26].. it is urged by him that if anything is added to article 75(1), that would tantamount to incorporating a disqualification which is not present and the principle of .....
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