Court : Supreme Court of India
Reported in : AIR1997SC3750; 1997(1)ALD(Cri)833; 1997(2)BLJR1148; 1997CriLJ2232; 1997(1)Crimes289(SC); JT1997(3)SC738; 1997(3)SCALE93; (1997)4SCC287; [1997]3SCR32
ORDERA.M. Ahamadi, CJ.1. Writ Petition No. 5943/80, along with Writ Petition No. 57 of 1979 (Hussainara Khatoon) was placed for final disposal on 4.8.1995. On that day the latter was finally disposed of but insofar as the former petition is concerned, counsel drew our attention to the point raised in his written submission in regard to the appointment of Special Judicial Magistrates and Special Metropolitan Magistrates under Sections 13 & 18 of the CrPC, 1973, (hereinafter called 'the Code') respectively. The disposal of the petition was deferred for considering this question.2. Mr. Mukul Mudgal contended that the dockets of the Magistrates all over the country were swollen on account of petty cases which could be disposed of by the appointment of Special Judicial Magistrates and Special Metropolitan Magistrates in sufficient numbers and once these cases are taken out of the regular courts, the regular courts would be free to dispose of serious cases faster, and that would meet the req...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(4)ALT243
..... to a committee for report with reference to the academic soundness of private appearance in the examinations. accordingly, the committee headed by mr. r.g. takwale, vice-chancellor of indira gandhi national open university submitted its recommendations. the committee observed the minimum standard of instructions for the grant of first degree through non-formal/ distance education for the faculties of arts .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1997KAR1573
..... in such a manner as to push them up the ladder. then comes the old age in the life of every one, be he a monarch or a mahatma, a worker or a pariah. the old age overtakes each one, death being the fulfilment of life providing freedom from bondage. but here socialism aims at providing ..... 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 : [1976]2scr347 the rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis by legislative enactments is a well ..... a topic within its legislative field fundamentally altering or changing with retrospective, curative or neutralising effect the conditions on which such decision is based. in smt. indira nehru gandhi v. sir raj narain : [1976]2scr347 , it was held that rendering ineffective of judgments or orders of competent courts and tribunals by changing their basis of .....
Tag this Judgment!Court : Gujarat
Reported in : 1998(1)ALT(Cri)13; I(1998)DMC424; (1997)3GLR240
K.J. Vaidya, J.1. Here in this Criminal Revision Application, there arise two important questions for my consideration. They are Firstly - 'Whether the husband who has been ordered to pay the maintenance under Section 125 of the Criminal Procedure Code/1973 to his wife and the child by the learned Magistrate and has in fact by this time indisputably continuously paid the same and that too in all to the tune of Rs. 35,000/-, but then incidentally enough as the misfortune would have been by sheer stroke of ill-luck he becoming the victim of the hostile circumstances beyond his control rendered unemployed, with no bank balance or any other property at hand to fall back upon rather too poor, and accordingly, as a result was unable to pay and started committing default after default every month in paying regular maintenance amount, accumulating into arrears ultimately rising beyond reach amount of Rs. 17,000/-, can he under such no-fault bewitching circumstances be straightway fastened with...
Tag this Judgment!Court : Orissa
Reported in : 84(1997)CLT149; 1998(II)OLR327
..... views have been expressed by the supreme court subsequently in the decisions reported in air 1986 sc 1534 bhagwati prasad dixit 'ghorewala' v. rajeev gandhi and air 1987 sc i577 dhartipakar madan lal agarwal v. shri rajiv gandhi, wherein the supreme court while considering the question of lack of material allegations relating to corrupt practice held that the election petition could be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1997Bom349; 1997(3)ALLMR504; 1997(4)BomCR551; 1997BomCR(Cri)918; (1997)3BOMLR333; II(1997)DMC407; 1997(3)MhLj602
..... article 21 and have held that violation of dignity and right to full human developments could constitute violation of article 21 of the constitution. in the case of, 'smt. menka gandhi v. union of india, air 1973 sc 597, the supreme court held that the lest or yardstick to be applied for determining whether a statute infringes a particular fundamental right ..... , adultery coupled with desertion. they have further contended that wives, who arc governed by the act, arc also discriminated vis-a-vis wives governed by other statues such as (i) hindi marriage act, 1955 (ii) dissolution of muslim marriages act, 1939, (iii) the parsi marriage and divorce act, 1936, (iv) the special marriage act, 1954, and (v) the foreign marriage act .....
Tag this Judgment!Court : Rajasthan
Reported in : 1997(3)WLC233; 1997(1)WLN657
..... has made several rules. for the purpose of deciding, these appeals the relevant rules are (1) rajasthan colonisation (allotment and sale of government land in indira gandhi canal colony area) rules, 1975 and (2) rajasthan colonisation (general colony) conditions, 1955. before discussing the submissions of the learned counsel for the parties ..... march, 96, the state government amended rule 13a of the rules of 1975 by promulgating rajasthan colonisation (allotment and sale of government land in the indira gandhi canal colony area) (amendment) rules, 1996, which were published in the official gazette on 1st march, 96. three new provisions were added in rule ..... rajasthan colonisation act; (ii) rajasthan colonisation (general colony) conditions, 1955, and (hi) the rajasthan colonisation (allotment and sell of government land in indira gandhi canal colony area) rules, 1975 and further undertakes to pay the price of government land fixed by the government and land development charges, if any, under .....
Tag this Judgment!Court : US Supreme Court
Amchem Products, Inc. v. Windsor - 521 U.S. 591 (1997) OCTOBER TERM, 1996 Syllabus AMCHEM PRODUCTS, INC., ET AL. v. WINDSOR ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 96-270. Argued February 18, 1997-Decided June 25, 1997 This case concerns the legitimacy under Rule 23 of the Federal Rules of Civil Procedure of a class-action certification sought to achieve global settlement of current and future asbestos-related claims. Never intending to litigate, the settling parties-petitioners and the representatives of the plaintiff class described below-presented to the District Court a class-action complaint, an answer, a proposed settlement agreement, and a joint motion for conditional class certification. The complaint identifies nine lead plaintiffs, designating them and members of their families as representatives of a class comprised of all persons who had not previously sued any of the asbestos-manufacturing companies that are petitioners in...
Tag this Judgment!Court : Mumbai
Reported in : (1997)99BOMLR140
..... duty constables with officer to the lock up immediately. then the witness slated that he started contacting control room on telephone. one person came in his front and said in hindi 'telephone se haat ja' (get away from the telephone). the witness had stated that the person also said that if the witness does not get moved he will throw abomb .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... power to the extent that he is in a position to exploit or dominate others. it is only such society which can guarantee human dignity, stability, peace and progress. 102. mahatma gandhiji, the father of the nation, in 'harijans' dated october 9,1937 had stated that "true economics never militates against the highest ethical standard, just as all true ethics to ..... cerc case; right to education is a fundamental right under article 46 as held by this court in maharashtra state board of secondary and higher secondary education vs.k.s.gandhi [1991 (2) scc] and j.p.unni krishnan vs. state of a.p.((1993) 1 scc645]; right to pollution-free atmosphere has been held to be a part of right .....
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