Court : Supreme Court of India
Reported in : AIR2004SC456; 2004(1)CTC241; JT2003(10)SC70; 2003(10)SCALE96; (2004)9SCC580
..... is every chance that the accused will be granted bail only after minimum one year of detention; that the proviso to section 49(7), which is not there under tada, makes it clear that for one year from the date of detention no bail could be granted; that this section has not incorporated the principles laid down by this court in sanjay dutt's case (supra) (at page 439 para 43-48 of scc) ..... under strict contingencies, namely, that (1) there must be an order of forfeiture and that order must be in writing; (2) the property either movable or immovable or both must belong to the accused convicted of any offence of tada act or rule thereunder, (3) the property should be specified in the order; (4) even though attachment can be made under section 8(2) during the trial of the case, the forfeiture can be ordered only in case of conviction and not ..... be looked at merely from the angle of protection of the witness whose life may be in danger if his or her identity is disclosed but also in the interest of the community to ensure that heinous offences like terrorist acts are effectively prosecuted and ..... by making civilians the direct target of violence but also by exposing them to a ..... to draw sharp distinctions between domestic and international terrorism. ..... as 28 suicide attacks while there were over 10 suicide attacks in 2002 in which innocent persons and a large number of women and children were killed. ..... 2005 promulgated by his highness the maharaja under section 5 of jammu kashmir constitution act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2002)10SCC606
..... 's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself.the protection and improvement of the human environment is a major issue which affects the well-being of people and economic development throughout the world, it is the urgent desire of ..... separate bank account which would be utilized for the purposes of research, monitoring and strengthening protection of kudremukh national park and for other protected areas in the state of karnataka;(iv) a monitoring committee shall be constituted by moef comprising representative of moef, representative of the state of karnataka, two ngo experts preferably from karnataka, which shall monitor the implementation of the rehabilitation plans; and(v) after the winding-up ..... of the mineral concession rules, 1960 (in short the concession rules) framed under the mines and minerals (regulation and development) act, 1957 (in short the mines act), it was submitted that notwithstanding anything provided under the act, the conservation act or the environment act, on an application being made the lease was to be renewed for twenty years and therefore, the recommendations made at a point ..... with some foreign countries are operative till 2005 and 2006 and at least adequate time could ..... domestic law and the international conventions, the rule of judicial construction is that regard must be had to international conventions and norms even in construing the domestic .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200
..... 5/- crores per year will have to bedeposited by kiocl with more in aseparate bank account which would beutilized for the purposes of research,monitoring and strengthening protection ofthe kudremukh national park and for otherprotected areas in the state of karnataka; (iv) a monitoring committee shall be constitutedby the more comprising representative ofmore, representative of the state ofkarnataka, two ngo ..... iv (directive principles) of the constitution ofindia, 1950 brought by the constitution (42nd amendment) act, 1976,enjoins that 'state shall endeavour to protect and improve the environmentand to safeguard the forests and wild life of the country. ..... : air1997sc3011 , in the absence of any inconsistency between the domestic law and theinternational conventions, the rule of judicial construction is that regardmust be had to international convention and norms even ..... its attainment including their rightto life with human dignity encompasses within its ambit, the protection andpreservation of environment, ecological balance free from pollution of airand water, sanitation without which life cannot be enjoyed. ..... pointed out that subsisting contracts withsome foreign countries are operative till 2005 and 2006 and at least adequatetime could be given to fulfill ..... that means mining should be allowed till the end of 2005 by which time the weather i secondary ore available in the already broken ..... upto the year 2005 by which time the weathered secondary ore available in the already broken up .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
..... to mention that the facts of the cases appealed against and set out in the writ petitions and slp, if accepted in their entirety, reveal the multiple acts of violence let loose; and the acts of savage revenge perpetrated against individuals, group of persons or any particular community or religious sects show that the violent threat which624has manifested itself is not evidently going ..... to make them lose faith in the government's ability to protect them, (b) a sense of impotence among government officials or to intimidate them as a means of neutralizing their active opposition to the terrorists groups; (2) to undermine the national economy by discouraging foreign investment, dissuading foreign tourists from visiting the country and spurring capital flight by domestic investors; and (3) to provoke harsh governmental reprisals to gain sympathy ..... and process;(2) there were also continuous commission of heinous offenses such as gruesome mass killings of defenseless innocent people including women, children and bystanders, disturbing the peace, tranquility and security;(3) the existing ordinary criminal laws are found to be inadequate to sternly deal with such activities perpetrated on humanity ..... viii of san 2005;(7) the maharashtra prevention of dangerous activities of slumlords, bootleggers and drug offenders act, 198 1;(8) the karnataka prevention of dangerous activities of bootleggers, drug offenders, goondas, gamblers, immoral traffic and slum grabbers act, 1985it has been said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... economic system does not result in the concentration of wealth and means of production to the common deteriment;(d) that there is equal pay for equal work for both men and women;(e) that the health and strength of workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter avocations unsuited to their age or strength ..... were entered into either before or after the commencement of the act of 1938, and for recovery of possession by the alienor would have been ultra vires the provincial legislature as contravening sub-section (1) of section 281 of the government of india act, 1935, in that in some cases section 13a would operate as a prohibition on the ground of descent alone, but it was authorised and protected from invalidity as regards future transactions by sub-section 2(a) ..... , that their design in establishing it comprehended six objects: (1) to form a more perfect union; (2) to establish justice; (3) to insure domestic tranquillity; (4) to provide for the common defence; (5) to promote the general welfare; (6) to secure the blessings of liberty to themselves and ..... 1454. it seems inconceivable that the framers of the constitution in spite of the precedents of the earlier french constitutions which perished in violence because of their non-amendability, inserted in the constitution a part dealing with fundamental rights which even by the unanmious vote of the people could not be abridged or taken away ..... , page 259 .....
Tag this Judgment!