Court : Supreme Court of India
..... this court has held that special reasons are essential for awarding death sentence under section 354(3) of the code and in absence of such reasons has commuted the sentence passed by the courts below from death to life imprisonment and submit that since, in the instant case, no special reasons were recorded by the courts below while sentencing the appellants, the sentence of the appellants ought to be commuted ..... once be conceded that offenders of some particularly grossly brutal crimes which send tremors in the community have to be firmly dealt with to protect the community from the perpetrators of such crimes. ..... state of maharashtra, (2000) 8 scc 45.there was a preplanned, calculated, cold- blooded murder of five women, including one pregnant woman and two children aged 1 years and 2 years, all inmates of a house, in order to wipe out all evidence of robbery and theft committed by two accused in the house at a ..... state of uttaranchal, (2003) 1 scc 64.the accused, a domestic servant killed three innocent members and attempted to kill the fourth member of the family of his employer in order to take revenge for the decision to dispense with his service and ..... , (2005) 6 scc 13.the brutal murder of one of the accused s brother and his family members including minot children at night when they were fast asleep with axe and chopper by cutting their skulls and necks for a piece of land was considered to be a grotesque and diabolical act, where any other punishment than the death penalty .....
Tag this Judgment!Court : Supreme Court of India
..... by the parties for appointment of arbitrator(s) is subject to sub-section (6); it cannot override sub-section (6) and provide that in respect of a domestic arbitration, not-withstanding sub-section(12), the parties would only move the chief justice of india, or vice versa in the case of an international arbitration. ..... senior counsel accept that when exercising power under section 11(6) of the arbitration act, the chief justice of india or the person or the institution designated by him (hereinafter referred to as cji for convenience) is required to appoint the 2nd arbitrator from amongst persons who are not nationals of the country of any of the ..... both the arbitrators had been appointed by the parties, therefore, the condition precedent for appointing an arbitrator, from amongst persons, who are not nationals of the country of any of the parties to the arbitration proceedings ..... wrote to the respondent and pointed out that any attempt to disallow or to restrict cost recovery of expenditures incurred by the contractor since the production levels from gas fields had fallen, would be contrary to the provisions of the psc and, requested that no such action should be taken. ..... to do so, such arbitrator may, at the request of the first party, be appointed by the chief justice of india or by a person authorised by him within thirty (30) days of the date of receipt of such request, from amongst persons who are not nationals of the country of any of the parties to the arbitration proceedings. ..... 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... high court or the supreme court shall examine the existence of a prima facie arbitration agreement and not other issues; (v) to provide that the arbitral tribunal shall make its award within a period of twelve months from the date it enters upon the reference and that the parties may, however, extend such period up to six months, beyond which period any extension can only be granted by the court, on sufficient cause ..... ground of patent illegality that had been added by the amendment act also differs from the said ground as understood in the earlier case law, and has been added only qua domestic and not international commercial arbitrations. ..... is made to appear expressly and the special saving incorporated in the repealing act protects only anything done or any action taken under the ordinance which is deemed to have been done or taken under this act as if the act had commenced on 29th may, 1965. ..... equally, the suggested interpretation of shri viswanathan would not only do violence to the plain language of section 26, but would also ignore the words in relation to in the second part of section 26, as well as ignore the fact that section 21 of the 1996 act, though mentioned in the first part, is conspicuous by its absence ..... the said committee, submitted its report to the parliament on 4th august, 2005, wherein the committee recommended that since many provisions of the said bill were contentious, the bill may be withdrawn and a fresh legislation may be brought ..... cit (2005) 12 scc717and .....
Tag this Judgment!Court : Supreme Court of India
..... copy of award has the effect of conferring certain rights on the party as also bringing to an end the right to exercise those rights on expiry of the prescribed period of limitation which would be calculated from that date, the delivery of the copy of award by the tribunal and the receipt thereof by each party constitutes an important stage in the arbitral proceedings. ..... which the party making that application had received the arbitral award or, if a request had been made under section 33, from the date on which that request had been disposed of by the arbitral tribunal: provided that if the court is satisfied that the applicant was prevented by sufficient cause from making the application within the said period of three months it may entertain the application within a further period of thirty ..... systems where dissenting or separate opinions are either not permitted, or not customary, these domestic rules have little application in the context of party-nominated co- arbitrators, and diverse tribunals ..... that the limitation period under section 34(3) of the act shall commence from the date when the award is passed.4. ..... of the limitation act to section 34 would do violence to the scheme of the arbitration act. ..... went on to hold that the new series published by the ministry could be applied in the case of the appellant as the base indices for 2004-2005 under the new series were available. ..... (emphasis supplied) 7 (2005) 4 scc239 16 (xi) the judgment in tecco trichy engineers (supra) was followed .....
Tag this Judgment!Court : Supreme Court of India
..... activities directed towards disclaiming questioning or disrupting the sovereignty and territorial integrity of india or bringing about cession of a part of the territory of india or session of a part of the territory of india from union or causing insult to the indian national flag, the indian national anthem and this constitution; and (b) taxes on (i) foreign travel by sea or air; (ii) inland air travel; (iii) ..... it shall be lawful for his majesty, if an address in that behalf has been presented to him by each house of parliament and if the condition hereinafter mentioned is satisfied, to declare by proclamation that as from the day therein appointed there - shall be united in a federation under the crown, by the name of the federation of india- (a) the provinces hereinafter called governors' provinces ; and (b) the indian states ..... their function will be to report to the union constituent assembly upon the list of fundamental rights, the clauses for the protection of minorities, and a scheme for the administration of the tribal and excluded areas, and to advise whether these rights should be incorporated in the provincial, group or union constitution ..... in other cases, such as under article 392, the president was conferred with the power to remove difficulties particularly involving the transition from the government of india act 1935 to the constitution in terms of which the president could direct that the constitution itself would apply subject to such adaptations whether ..... women ..... 2005 .....
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