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Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

..... would be offensive to human dignity and constitute an inroad into this right to live and it would, on this view, be prohibited by article 21 unless it is in accordance with procedure prescribed fair and 58 (1981) 1 scc608143 by law, but no law which authorises and no procedure which leads to such torture or cruel, inhuman or degrading treatment can ever stand the test of reasonableness and non-arbitrariness: it would plainly be unconstitutional and void as being violative of articles 14 and 21. ..... 142 norrie (2011) has placed the social and economic dimensions succinctly: this concerns the problem of the differential social impact that such a position would have on the poor and the well-to- 141 ibid 142 sushila rao (supra note 16), at page 654-655 79 part h do wealth, poverty, and class structure have a profound effect ..... a fair and objective decision in such circumstances may be a difficult exercise and any liberalization is fraught with following apprehensions: danger of abuse enhanced vulnerability to the poor slippery slope outcome weakening of protection of life notions any ethical model governing end of life decisions should therefore be impervious to all extraneous forces such as, the utilitarian bias ..... judgments has very grave implications for people who are in poor shape and/or whose existence creates serious burdens for others. ..... of the gulf which separates the needs of patients and the availability of services to the poor, in a society like ours with large impoverished strata. .....

Maharashtra State Board Of Wakfs Vs. Shaikh Yusuf Bhai Chawla

Court : Supreme Court of India

..... to what purposes are charitable to the preamble to the charitable uses act 1601 (commonly referred to as the statute of elizabeth i ), which lists as charitable: the relief of aged, impotent, and poor people; the maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars of universities; the repair of bridges, havens, causeways, churches, sea banks and highways; ..... of the board: provided further that nothing contained in this sub- section shall affect any acquisition of waqf properties for a public purpose under the land acquisition act, 1894 (1 of 1894) or any other law relating to acquisition of land if such acquisition is made in consultation with the board: provided also that 77 (a) the acquisition shall not be in contravention of the places of public worship (special provisions ..... for their illegal occupation of the waqf property and to recover the damages as arrears of land revenue through the collector: provided that whosoever, being a public servant, fails in his lawful duty to prevent or remove an encroachment, shall on conviction be punishable with fine which may extend to fifteen thousand rupees for each such offence.82. section 8 provides that the board ..... the other hand, lord macnaghten said that trusts falling under the fourth head are not the less charitable in the eye of the law, because incidentally they benefit the rich as well as the poor, as indeed every charity that deserves the name must do either directly or .....

Bachan Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; [1983]1SCR145a

..... inherent and inevitable in a system of capital punishment and that therefore-in indian constitutional terms, and in spite of jagmohan singh-the retention of such a system necessarily violates article 14 guarantee of 'equality before the law.it is clear from a study of the decisions of the higher courts on the life-or-death choice that judicial adhocism or judicial impressionism, dominates the sentencing exercise and the infliction of death penalty suffers from ..... diminishes the difference between death and imprisonment as deterrent and may diminish to vanishing point...the way in which the convicted murderer may view the immediate prospect of thegallows after he has been caught must be a poor guide to the effect of this prospect upon him when he is contemplating committing his crime.it is also a circumstance of no less significance bearing on the question of deterrent effect, of death penalty, that, even after ..... penalty not only by way of deterrence but as a token of emphatic disapproval of the society.examining whether life imprisonment was an adequate substitute for death penalty, the court observed :in the context of our criminal law which punishes murder, one cannot ignore the fact that life imprisonment works out in most cases to a dozen years of punishment, and it may be seriously questioned whether that sole alternative will be an adequate ..... out in his delightful book 'miscellany at law' that 'discretion is indeed a poor substitute for principles, however, great the .....

State of Maharashtra and ors. Vs. Sarangdharsingh Shivdassingh Chavan ...

Court : Supreme Court of India

..... special favour to some chosen few at the cost of the vast number of poor people who as farmers have taken loans and who have come to the authorities of law and order to register their complaints against torture and atrocities by the money lenders. ..... of the cases in which complaints were filed against the family of sananda, were investigated and chargesheets were filed, is a poor consolation and does not justify the issuing of the wholly unauthorised and unconstitutional instructions to the collector. ..... court, it is our paramount duty to maintain the rule of law and the constitutional norms of equal protection.29. ..... of the high court and direct that the instruction of the chief minister to the collector dated 5.6.06 has no warrant in law and is unconstitutional and is quashed. ..... a very vital component of the rule of law in order to ensure prompt investigation in cognizable cases and to maintain law and order.24. ..... of solidarity poor villagers are accumulating their money and labour to conduct marriages and funerals of their poor neighbours. ..... how can poor farmers sustain their complaint in the face of such directions and how can the subordinate police officers carry on investigation ignoring such ..... this clear legal position which, as noted above, is a vital component of a rule of law, the direction of the then chief minister to give a special treatment to shri dilip kumar sananda, m.l.a and his family about registering of complaint filed against them is totally unwarranted in law. mr. .....

Bachan Singh S/O Saudagar Singh Vs. State of Punjab

Court : Supreme Court of India

Reported in : (1982)3SCC24; 19831SCR145;

..... inherent and inevitable in a system of capital punishment and that therefore-in indian constitutional terms, and in spite of jagmohan singh-the retention of such a system necessarily violates article 14 guarantee of "equality before the law.it is clear from a study of the decisions of the higher courts on the life-or-death choice that judicial adhocism or judicial impressionism, dominates the sentencing exercise and the infliction of death penalty suffers from ..... diminishes the difference between death and imprisonment as deterrent and may diminish to vanishing point...the way in which the convicted murderer may view the immediate prospect of thegallows after he has been caught must be a poor guide to the effect of this prospect upon him when he is contemplating committing his crime.it is also a circumstance of no less significance bearing on the question of deterrent effect, of death penalty, that, even after ..... penalty not only by way of deterrence but as a token of emphatic disapproval of the society.examining whether life imprisonment was an adequate substitute for death penalty, the court observed :in the context of our criminal law which punishes murder, one cannot ignore the fact that life imprisonment works out in most cases to a dozen years of punishment, and it may be seriously questioned whether that sole alternative will be an adequate ..... out in his delightful book "miscellany at law" that "discretion is indeed a poor substitute for principles, however, great the .....

Jitendra Singh @ Babboo Singh and anr. Vs. State of U.P.

Court : Supreme Court of India

..... the reason for this, obviously, is to avoid a two-fold difficulty: first, to avoid a juvenile being subjected to procedures under the normal criminal law and de hors the act and the rules, and second, a resultant situation, where the trial of the juvenile is required to be set aside and quashed as having been conducted by a court ..... (1) where a juvenile court is satisfied on inquiry that a juvenile has committed an offence, then, notwithstanding anything to the contrary contained in any other law for the time being in force, the juvenile court may, if it so thinks fit, (a) allow the juvenile to go home after advice or admonition; (b) direct the juvenile to be released ..... -in all pending cases including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (1) of section2, even if the juvenile ceases to be so on or before the date of commencement of this act and ..... -in all pending cases including trial, revision, appeal or any other criminal proceedings in respect of a juvenile in conflict with law, in any court, the determination of juvenility of such a juvenile shall be in terms of clause (l) of section 2, even if the juvenile ceases to be so on or before the date of commencement of this act and ..... the factors of poor education and poor economic set up that are jointly the main attributes of a juvenile in conflict with law, making it difficult .....

All Kerala Online Lottery Dealers Ass. Vs. State of Kerala and Ors.

Court : Supreme Court of India

..... of parliament (see now the lotteries and amusements act, 1976) that the evil which the lottery law has sought to prevent was the evil which existed where poor people with only a few pence to feed their children would go and put these few pence into a lottery and lose them, and this sociologically was a bad thing 28) ..... the former are confined to a few persons and places, but the latter infests the whole community; it enters every dwelling; it reaches every class; it preys upon the hard earnings of the poor; it plunders the ignorant and the simple.27) in words and phrases, butterworths, 3rd edition at page 71, it is stated as follows: it must not be entirely forgotten in the construction of these acts ..... in a modern progressive society it would be unreasonable to confine the intention of a legislature to the meaning attributable to the modern legislature to the meaning attributable to the modern legislature making laws to govern a society which is fast moving must be presumed to be aware of an enlarged meaning the same concept might attract with the march of time and with the revolutionary changes brought ..... this court further added: 59 ..but it cannot be doubted and it is recognized by all the countries that gambling by its very nature promises to make a poor man a rich man; to quench the thirst of a man in dire economic distress or to a man with a bursting desire to become wealthy overnight it draws them .....

Senior Divisional Commercial Manager andor Vs. S.C.R Caterers,dry Fru ...

Court : Supreme Court of India

..... , wherein the learned judge has explained what should be the guiding force for judges when faced with matters pertaining to social justice, as under: law is no cold-blooded craft bound by traditional techniques and formal forceps handed down to us from the indo-anglian era but a warm-blooded art, with a bleak from the past and a tryst with the present, ..... , bhagwati,j.lamenting on the exploitation of the weak and the powerless held as under: the rule of law does not mean that the protection of the law must be available only to a fortunate few or that the law should be allowed to be prostituted by the vested interests for protecting and upholding the status quo under the guise of enforcement of their civil and political rights ..... the striking social justice values of the constitution impact on the interpretation of indian laws and to forget this essential postulate while relying on foreign erudition is to weaken the vital flame of the democratic, socialist republic of ..... , any person, who is deprived of his right to livelihood except according to just and fair procedure established by law, can challenge the deprivation as offending the right to life conferred by article 21. ..... and yet, such deprivation would not have to be in accordance with the procedure established by law, if the right to livelihood is not regarded as a part of the right to life ..... the poor too have civil and political rights and the rule of law is meant for them also, though today it exists only on paper and not in reality .....

Dokiseela Ramulu Vs. Sri Sangameswara Swamy Varu and Ors.

Court : Supreme Court of India

..... (2) in respect of leases of agricultural lands other than those lands situated in municipalities and municipal corporations held by landless poor person for not less than six years continuously, such person shall have the to purchase such lands for a consideration of seventy five per centum of the prevailing market value of similarly ..... in the muddada chayanna case (supra), is of no avail to the respondent institution, because in the above judgment the undisputed position noticed in paragraph 3 (extracted above) was, that the appellant was the lawful ryot of the lands in dispute, and that, the respondents were his tenants. ..... gadde gopalakrishnayya (air974andh pra85) (fb) it was held that an enquiry as to who was the lawful ryot was permissible under section 56(1)(c) for the limited purpose of fastening the liability to pay arrear of rent which had accrued before a notified date ..... into ryotwari) act "where, after an estate is notified, a dispute arises as to (a) whether any rent due from a ryot for any fasli year is in arrear or (b) what amount of rent is in arrear or (c) who the lawful ryot in respect of any holding is, the dispute shall be decided by the settlement officer". ..... any lease of agricultural land belonging to or given or endowed for the purpose of any institution or endowment subsisting on the date of commencement of this act shall, notwithstanding anything in any other law for the time being in force, held by a person who is not a landless poor person stand cancelled. .....

Girimallappa Vs. the Special Land Acquisition Officer M and Mip and an ...

Court : Supreme Court of India

Reported in : AIR2012SC3101

..... otherwise, the phraseology of the language of the non- obstante clause would have been differently worded it is true that the legislature intended to relieve hardship to the poor, indigent and inarticulate interested persons who generally failed to avail the reference under section 18 which is an existing bar and to remedy it, section 28-a was enacted giving a right and remedy for re- determination.the ..... air 1987 sc 45, and the court placed emphasis particularly on para 2 (ix) of the object and reasons of the amendment act, 1987 which provided for a special provision for inarticulate and poor people to apply for re-determination of the compensation amount on the basis of the court award in a land acquisition reference filed by comparatively affluent land owner. ..... (1995) 2 scc 689, this court again reiterated the law laid down in mewa ram (supra) observing as under:- legislature made a discriminatory policy between the poor and inarticulate as one class of persons to whom the benefit of section 28-a was to be extended and comparatively affluent who had taken advantage of the reference under section 18 and the latter as a class to which the benefit ..... this court approved and reiterated the law laid down in mewa ram (supra) in scheduled caste cooperative land ..... apparent that the legislature has carved out an exception in the form of section 28-a and made a special provision to grant some relief to a particular class of society, namely poor, illiterate, ignorant and inarticulate people. .....