Court : Supreme Court of India
..... . in other words, while the maximum extent of punishment of either death or life imprisonment is provided for under the relevant provisions noted above, it will be for the courts to decide if in its conclusion, the imposition of death may not be warranted, what should be the number of years of imprisonment that would be judiciously and judicially more appropriate to keep the ..... law on the subject, apart from the guidance it gets from the jurists and judicial 39 pronouncements revealed earlier, to determine from the nature of such grave offences found proved and depending upon the facts noted, what kind of punishment within the prescribed limits under the relevant provision would appropriately fit in ..... this court reduced the sentence from death to life imprisonment for a minimum 25 (twenty five) years as it noted that there exists a possibility of the accused committing similar offence if freed after fourteen years ..... . apart from the above, the court noted the young age of the accused, no prior antecedents to reach a conclusion warranting modification in the sentence ..... . the trial court also noted that the accused attempted to commit suicide by cutting the vein in his left forearm but however discarded that circumstance and passed a sentence of ..... . this court, taking note of the fact that the guilt was established by way of circumstantial evidence and the fact that the high court had already imposed a sentence of 20 (twenty) years without remission, did not interfere with .....
Tag this Judgment!Court : Karnataka
..... the apex court noting that 42nd amendment of constitution dispenses with issuance of notice to show cause against the penalty proposed, held that if the law as it stood prior to 42nd amendment and notice is issued to show cause against the proposed .....
Tag this Judgment!Court : Supreme Court of India
..... patil (since deceased) through his legal heirs waman s.patil and others6, a learned judge noted that the tribunal had erred in holding that the tenancy in that case was created long after tillers day ..... before we proceed to take a look at the provisions of the tenancy act, it may be noted that the precursor thereof was the bombay tenancy act, 1939. ..... yallappa parashram patil and another4, a learned judge noted that suo motu proceedings initiated by the revenue authorities under section 32g of the tenancy act had to be dropped in view of the fact that the land was found to be watan land and no purchase price in respect ..... by order dated 27.11.1964, the mamlatdar, haveli, noted that they had paid an amount equal to six times the assessment on 17.11.1964; that a certificate of the talhati stating to that effect was also on record; and accordingly ordered that the said lands be regranted to them, ..... it would be apposite at this stage to take note of the decisions of the bombay high court on various issues arising under these three ..... in the order dated 03.05.1982, it was noted that the abolition act had come into force on 01.01.1963 but as on that date, the tenants were not in possession as it was an admitted fact that the appellants were delivered possession on 24.04.1962 ..... section 31 thereof was taken note of and as no termination of the tenancy had been effected thereunder, this court held that the tenancy continued till the declaration of 1 (2006) 11 scc16119 tillers day on 01.04. .....
Tag this Judgment!Court : Karnataka
..... afore-quoted offences which suffer from incurable illegality as they have no foundational facts either in the complaint or in the summary of the charge sheet, there are other offences that are alleged against the petitioner, as noted hereinabove, while framing the charge. ..... in this regard, it is essential to take note of the ruling of the hon'ble supreme court in esher singh v. ..... it is also required to be noted that the charge does not render a conclusive finding with respect to guilt or innocence of the accused. ..... , opined, after noting the difference in the language of the three pairs of sections, that despite the difference there is no scope for doubt that at the stage at which the court is required to consider the question of framing of charge, the test of ..... let us note the meaning of the word presume . .....
Tag this Judgment!Court : Supreme Court of India
..... 3rd july, 2019 and without issuing notice to the other respondents 4 including the appellant herein, who was an impleaded respondent in the writ petition, and merely taking note of the oral submissions of the standing counsel, the writ petition was allowed by order dated 3rd july, 2019 holding that disputed plot no.821m vested in the allotees(original writ petitioners being respondent nos. ..... as a matter of fact, the writ petition deserved rejection with exemplary costs because as noted above, the factum of filing of the previous two writ petitions was concealed by the respondent nos. ..... based on the factual report and noting the oral submissions of the standing counsel, the writ petition came to be allowed by the high 6 court quashing the proposal dated 2nd september, 2018 and approval by sdo dated 17th september, 2018. .....
Tag this Judgment!Court : Karnataka
..... afore-quoted offences which suffer from incurable illegality as they have no foundational facts either in the complaint or in the summary of the charge sheet, there are other offences that are alleged against the petitioner, as noted hereinabove, while framing the charge. ..... in this regard, it is essential to take note of the ruling of the hon'ble supreme court in esher singh v. ..... it is also required to be noted that the charge does not render a conclusive finding with respect to guilt or innocence of the accused. ..... , opined, after noting the difference in the language of the three pairs of sections, that despite the difference there is no scope for doubt that at the stage at which the court is required to consider the question of framing of charge, the test of ..... let us note the meaning of the word presume . .....
Tag this Judgment!Court : Supreme Court of India
..... in this context, the bombay high court in a judgment in perma container(uk) line limited v perma container line(india) ltd33 had noted that since the objection of bias was not raised in appropriate proceedings under the english arbitration act,1996, it could not be raised ..... similarly, this court in vijay karia(supra) had noted that no challenge was made to the foreign award under the english 31 gazette notification s.o.542(e) dated 06.7.1999 ..... the indian supreme court in renusagar (supra) had noted that there is no workable definition of international public policy, and public policy should thus be construed to be the public policy 13 (2020) 10 scc114 nigel blackaby kc, and others, redfern and hunter on international arbitration ..... a chequered history and it is essential to note the background facts for the present challenge. ..... national highways authority of india (nhai)30 had noted that the ground of most basic notions of morality or justice can only be invoked when the conscience of the court is shocked by infraction of fundamental notions ..... at this point, we may also benefit by noting that the international law association issued recommendations19 at a conference held in new delhi in 2002 on international commercial arbitration and advocated using only narrow and international standards, while ..... the 7-judge bench had noted, inter alia, that the purpose of the stamp act,1899 is to protect the interests of revenue and not arm litigants with a weapon of technicality by which they delay .....
Tag this Judgment!Court : Supreme Court of India
..... it is worth noting that wherever under a statute any such time limit has been prescribed or is fixed for deciding a particular nature of proceeding, it has been held to be directory in nature rather than mandatory. .....
Tag this Judgment!Court : Karnataka
..... it is also worth noting here a point that i shall come back to: a successful delisting request or order in respect of a specified url will not prevent google returning search results containing that url; it only means that the url must not be .....
Tag this Judgment!Court : Karnataka
..... we can refer to the following extract from the statement of objects and reasons attached to the 2002 amendment which is self-explanatory: prefatory note statement of objects and reasons. ..... after taking note of a divergence of views in past decisions, this court took the following position (c.k. ..... it may be noted here that section 143 of the act makes an offence under section 138 triable by a judicial magistrate, first class (jmfc). ..... wherein kabir, j.has noted (at scc p. ..... in the same decision, the court had also noted: (scc p. ..... after noting that the petitioner had already entered into a compromise with the complainant, the bench had rejected the state's argument that this court need not interfere with the conviction and sentence 1 (2010) 5 .....
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