Court : Supreme Court of India
..... defence.13. we do not find any merit in the arguments raised by dr. singhvi with respect to the punishment provided under the 2006 act. the judgment of this court in t. barai is consequent to amendment in the act when section 16a was inserted by the parliament. similarly, the judgment in nemi chand was a judgment arising out of the ..... court in its order noticed that if the company is acquitted of the charges, the said benefit will also directly go to the appellant/nominated officer. a glaring and patent defect in the judgment of the trial court as well as in the judgment of the appellate court was observed by the high court. thus, the conviction and sentence ..... if the company-hindustan lever limited is acquitted of the charges, the said benefit will also directly go to the applicant. in view whereof, this court finds a glaring and patent defect in the judgment of the trial court as well as in the judgment of the appellate court, thus, this court, in these premises, finds it fit to interfere .....
Tag this Judgment!Court : Supreme Court of India
..... the appellant did not opt for the pension scheme notified under notification dated 05.03.1998. 3.2 by notification dated 09.01.2002 coal mines pension scheme, 1998 was amended by inserting paragraph 2a in the scheme providing that an employee, who had not opted for the coal mines family pension scheme, 1971 but ..... , j.leave granted.2. this appeal has been filed questioning the division bench judgment of patna high court in letters patent appeal no.1265 of 2017 dismissing the letters patent appeal of the appellant. letters patent appeal was filed against the judgment of learned single judge dated 04.08.2017 by which writ petition no.5999 of 2014 ..... bankola area, district burdwan, west bengal. ministry of coal, government of india in exercise of power under section 3e of coal mines provident fund and miscellaneous provisions act, 1948 and in supersession of the coal mines family pension scheme, 1971 notified a family coal mines pension scheme, 1998 dated 05.03.1998. late husband of .....
Tag this Judgment!Court : Supreme Court of India
..... disguise .29. in haridas das v. usha rani banik, (supra) this court made a reference to the explanation added to order 47 by the code of civil procedure (amendment) act, 1976 and held: 13. in order to appreciate the scope of a review, section 114 cpc has to be read, but this section does not even adumbrate the ambit ..... fresh hearing or arguments or correction of an erroneous view taken earlier, that is to say, the power of review can be exercised only for correction of a patent error of law or fact which stares in the face without any elaborate argument being needed for establishing it. it may be pointed out that the expression any other ..... could be characterised as vitiated by error apparent . a review is by no means an appeal in disguise whereby an erroneous decision is reheard and corrected, but lies only for patent error.8. again, in meera bhanja v. nirmala kumari choudhury, (1995) 1 scc170while quoting with approval a passage from aribam tuleshwar sharma v. aribam pishak sharma (supra) .....
Tag this Judgment!Court : Supreme Court of India
..... to provide that the offences shall be congnizable and non- bailable. (3) the bill seeks to achieve the above objectives.46. the ndps act was further amended by the ndps (amendment) act, 2001, to rationalize the sentence structure to ensure that drug traffickers who traffic in significant quantities of drugs are punished with deterrent sentences ..... be rendered inadmissible in law.152. it is true that some statutes such as terrorist and disruptive activities (prevention) act, 1987 (tada), prevention of terrorism act, 2002 (pota) and maharashtra control of organised crime act, 1999 (mcoca) expressly empower the authorized officers to record confession. investigation under those statutes is however carried out ..... cannabis plant or consumption of, or traffic in, any narcotic drug or psychotropic substance within india.43. the scheme of the ndps act makes it patently clear that it essentially makes provisions, as are deemed necessary, for preventing and combating the abuse of and illicit trade and .....
Tag this Judgment!Court : Supreme Court of India
..... of the offence and at the stage of appeal, prohibits any imprisonment lower than a term of ten years. section 20(ii) of the ndps act, as it stood before the amendment of 20017, specified that where contravention relates to cannabis in a form other than ganja, then the same shall be punishable with rigorous imprisonment ..... as regards the question of contradiction between pw2 and pw5 s statements, we find that the high court s observations are unimpeachable. it would indeed be patently wrong to suggest that pw5 deposed that the independent witnesses were called after the suspected contraband had already been recovered from underneath the driver s seat. in ..... this court has very illustratively, in state of up v. banne2, listed circumstances were interference of an appellate court against acquittal would be justified. these would include patent errors of law, grave miscarriage of justice, or perverse findings of fact. in turn, babu v. state of kerala3, clarified that findings of fact recorded by .....
Tag this Judgment!Court : Supreme Court of India
..... . the discretion had necessarily to be exercised in accordance with sound and reasonable judicial principles. section 10 of the s.r.a. as it stood prior to its amendment 68. with effect from 1.10.2018 provided:- 10. cases in which specific performance of contract enforceable.- except as otherwise provided in this chapter, the specific performance ..... should not have specifically been enforced in part, in respect of the balance 200 sq. yards meters of the suit land which the vendor still owned. it is patently obvious that the vendor did not disclose any earlier agreement to the vendee, as discussed above. the agreement in writing dated 21.3.1984, does not bear ..... pleadings in the plaint nor 83. amended the prayers. pratap reddy was simply added defendant. the court adding pratap reddy as defendant in the suit for specific performance, did not make any direction in terms of the proviso to section 21(1) of the limitation act, that the suit against pratap reddy be deemed to be instituted at .....
Tag this Judgment!Court : Supreme Court of India
..... to and inconsistent with the provisions of section 41 and the powers conferred on the state government to frame rules under section 65 of the act of 1988. he challenged the amendment incorporated in the state rules of 1994 by a notification dated 15.02.2001. he also sought a direction to the registration authority that ..... not a mere seeming conflict between the entries in the two lists. while entries have to be construed liberally, their irreconcilability and impossibility of coexistence should be patent. 9. mr. mishra also relied on other decisions of this court, highlighting that conflict of laws or repugnancy between state and central laws should not be ..... , 1010, 1111, 1112, 1212, 1213, 1221, 1234, 1313, 1314, 1331, 1414, 1415, 1515, 1516, 1616, 1617, 1661, 1717, 1718, 1771, 1818, 1819, 1881, 1919, 1929, 1991, 2000, 2002, 2020, 2021, 2112, 2121, 2122, 2222, 2223, 2323, 2324, 2332, 2345, 2424, 2425, 2442, 2525, 2526, 2552, 2626, 2627, 2662, 2727, 2728, 2772, 2828, 2829, 2882, 2929, 2930 .....
Tag this Judgment!Court : Supreme Court of India
..... babu singh and ors. v. state of u.p.2 section 304b was incorporated in the indian penal code by the 28. dowry prohibition (amendment) act, 1986 (act 43 of 1986). the object of the amendment was to curb dowry death. section 304b does not categorize death, it covers every kind of death that occurs otherwise than in normal circumstances. where ..... call for suspension of execution of the sentence.39. in considering an application for suspension of sentence, the appellate court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous. where there is evidence that has been considered by the trial court, it is ..... that prima facie the sessions court has proceeded on the basis of evidence and the respondent no.2 has not been able to make out a case of any patent infirmity and/or illegality in the judgment and order of the sessions court.25. the short question that arises for consideration in this appeal is, whether the .....
Tag this Judgment!Court : Supreme Court of India
..... the landlord or the tenant are not affected merely by the notification of a vacancy. no doubt, in the meantime, u.p. 3 (1985) 2 scc3079 act,1972 had undergone an amendment and an appeal against the final order of allotment had been replaced by a revision under more restricted conditions. in ganpat roy (supra), it was observed, that ..... . the learned judge has gone to further observe, that the revision against the order dated 4.6.2003 was not maintainable and that the district judge had committed patent illegality in entertaining the revision.6. we find, that the impugned judgment delivered by the high court is not only on misreading of the law but also misreading ..... view is no ground to interfere in exercise of revisional power. from the above discussion, it is clear that none of the aforementioned reasons exist in this 7 (2002) 3 scc62627 case to justify interference by the high court. 23. this court thus held, that the interference in revisional powers would be permitted only if the high .....
Tag this Judgment!Court : Supreme Court of India
..... she was thrown out of matrimonial home, appellants filed a petition under section 125 cr.p.c against the respondent. thereafter, on 24-03- 2008, appellant no.1 amended the petition on the basis of divorce given on 23-04-2008 by the respondent-sahidul. the appellants averred that the respondent is working as a lecturer in rajkiya ..... . 10. on a reading of section 7(1) along with explanation (f) to section 7(1) of the family courts act, it is patently clear that the family court, established under section 3 of the family courts act, is clothed with the jurisdiction and powers exercisable by a district court or any subordinate civil court, under any law for the ..... in ordinary civil proceedings, and that it should make reasonable efforts at settlement before the commencement of the trial. in 1976, the code of civil procedure was amended to provide for a special procedure to be adopted in suits and proceedings relating to matters concerning the family. 3 6. parliament enacted the family courts .....
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