Court : Supreme Court of India
Reported in : AIR1982SC806; 1982CriLJ620; 1982(1)SCALE29; (1982)1SCC545; [1982]3SCR47; 1982(14)LC143(SC)
..... not on incarceration but on reformation. how anxious is the law to protect young children from contamination with hardened criminals is also apparent from section 27 of the act which provides, subject only to a few limited and exceptional cases referred to in the proviso, that notwithstanding anything contained to the contrary, no court can ..... his report. the sessions judge also reported that there appeared to be general ignorance in the kanpur central jail about the provisions of the u.p. children act, 1951 and observed :all the child accused mentioned in annexure b should have been produced before the juvenile judge after their arrest. where there was doubt whether ..... we think it is necessary to point out that under the provisions of that act, no child can, except in the rare cases provided in the act, be detained in jail. chapter iv of the act deals with youthful offenders, section 23 which occurs in this chapter provides in sub-section (1) that when a person apparently under the age .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC112; (1961)63BOMLR221; 1961CriLJ173; [1961]1SCR497
..... be omitted in reckoning the completion of thepunishment'. 41. the criminal procedure code was re-enacted in 1882 being act x of 1882.the power to suspend or remit sentences was contained in a separate chapter.viz., chapter xxix headed 'suspensions, remissions and commutations of sentences'.the relevant provision was s. 401 :- s. ..... general in council orthe local government were suitably amended with the various constitutionalcharges. the corresponding section of appellate courts is contained in s. 426which is in chapter xxxi dealing with appeals etc. the relevant portions ofthis section when quoted are as under :- '426. (1) pending anyappeal by a convicted person, ..... court but that rule isin express words subject to the discretion given to this court under art. 136which states :- 'notwithstanding anything in this chapter thesupreme court may, in its discretion, grant special leave to appeal.........'. rules made under art. 145 are subordinate legislation because they aresubject to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC55; 1978CriLJ173; (1977)4SCC410; [1978]1SCR585; 1977(9)LC663(SC)
..... a) is relevant. it is 'and every person released on bail under this section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter'. chapter xxxiii contains provisions as to bail and bonds. the relevant sub-sections (1) and (2) of section 437 are:(1) when any person ..... under the provisions of section 437(5), criminal procedure code, as the order of bail passed under section 167(2) is deemed to be a bail order passed under chapter xxxiii, criminal procedure code. disagreeing with the contention of the learned counsel for the appellants, the high court held as follows:the order of bail is passed by the ..... under the provisions of section 437(5), criminal procedure code.6. we will now refer to the relevant provisions of the criminal procedure code. section 167(2) of the criminal procedure code, act 2 of 1974, is as follows:the magistrate to whom an accused person is forwarded under this section may, whether he has or has not jurisdiction to try .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... rao, j. in t. devadasan v. union of india : (1965)iillj560sc , (wrongly referred to as rangachari) - general manager, southern railway v. rangahari : (1970)iillj289sc .chapter-viii deals with 'north-south comparison of other backward classes welfare'. it is a case study of provisions in force in two southern states namely ..... have made it. p. 946.see also the principle discussed in 'supreme court employees' welfare association v. union of india and anr. : (1989)iillj506sc .437. identification of backwardness is an ever continuing process of inclusion and exclusion. classes of citizens entitled to the constitutional protection of reservation must ..... minority group members, defined as united state citizens 'who are negroes, spanish-speaking, orientals, indians, eskimos and aleuts'. regulations were framed under the act and guidelines issued requiring the grantees and private contractors to seek out all available qualified bona fide minority business enterprises (mbes), to the extent feasible, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC777; 1979CriLJ679; (1980)2SCC91; [1979]2SCR717
..... escape from the conclusion that when a 'judge' (including a magistrate) who is empowered to act judicially and does so act constitutes not merely a court but a court of justice.8. now i proceed to examine the relevant provisions contained in chapter xiv of the code which carries the caption 'information to the police and their powers to investigate ..... the bail and remand proceedings are before the magistrate, he has to act judicially. if the accused applies for bail the magistrate has to act judicially and take into account the facts of the case before he decides to release the accused on bail or refuse bail. chapter xxxiii cr.p.c. deals with bail. section 496 provides as ..... '. it may be stated at once that although the chapter is headed as stated, it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC379; (1980)82BOMLR471; 1980CriLJ1424; (1980)4SCC600; [1981]1SCR175
..... classes of officers; inspector/sub-inspector/assistant sub-inspector. section 10 says that the officers and members of the force shall be deemed to be 'railway servants' within the meaning of the indian railways act. 1890. section 11 is important. it enumerates that the duty of every superior officer and member of the force shall be-(a) promptly to ..... suspected of the commission of an offence under the 1966 act. it is argued that since an officer of the rpf conducting an inquiry has been invested qua 'railway property' with almost all the powers of an officer-in-charge of a police station making an investigation under chapter xiv of the code, this test is amply satisfied to ..... hold that he is a 'police officer' within the meaning of section 25 of the evidence act. at one stage, it was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605A
..... its vesting; and section 11 gives protection to action taken in good faith by the central government or the authorised person or any one acting on its behalf under this act.24. chapter iii contains section 7 alone which would be considered at length later in view of the serious challenge made to its constitutional validity. this ..... as the then vice-president of india, on 'secularism in the indian ethos' while, delivering dr. zakir hussain memorial lecture of vishva-bharati, shantiniketan, on 29th april, 1989 is useful. therein, he referred to the difference between our understanding of the word 'secular' and that in the west or its dictionary meaning, and said :-we in india ..... of a ram temple at the disputed site, after removal or relocation of the existing structure, was a major plank in bjp's campaign during elections held in 1989 and 1991. other major political parties, however, had generally opposed this demand and had taken the stand that while a temple should be built, the issues in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
..... interference with the judiciary endangering its independence. divergent views are expressed regarding the nature of service contemplated under part vi, chapter vi and the service referred to in part xiv chapter i.the impugned act being bihar act no. 3 of 1992 is referable to the provisions of article 309 legislated by the state legislature in exercise of ..... not applicable to the judicial service of the state of bihar.118. from the scheme of the constitution with particular reference to part vi, chapter vi, part xiv, chapter i, part xi, chapter i and seventh schedule of the constitution what emerges is that:(i) the constitution makers had given a special status and treatment to the ..... this court in indira sawhney's case (supra), dr. preeti srivaslava v. state of m.p. : air1999sc2894 and in durgacharan mishra v. state of orissa air 1989 sc 2267 : 1987 lab ic 1914 (supra) also cannot be of any effective help for resolving the question with which we are concerned. the general scheme of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
..... of the duties of such an officer to attend especially to the complaints and representations from rae bareli. he stated that shri gulzarilal nanda, who was then the railway minister, had received some representations from the rae bareli. he also said that he had. from time to time, forwarded some representations to shri gulzarilal nanda. who ..... cannot go unpunished, whether they are committed before or after he becomes a candidate, when they amount to acts which come within the purview of electoral offences dealt with by chapter 3, sections 125, 126, 127, 127(a) or chapter 9-a of the indian penal code. offences, such as bribery, for purposes of either inducing persons to ..... legislation at all. a law is a general command applicable to many cases. the 'special acts' which crowd the statute book and weary parliamentary committees are applicable to one case only. they do not lay down rules according to which railways shall be made, but enact that such and such a rail way shall be made from .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54
..... judges of the high court after considering the various rulings observed that 'we are, therefore, of the opinion that the impugned provisions falling under chapter iii-b of the reserve bank of india act, 1934 and the notification dated october 29, 1966 issued by the reserve bank of india are valid and that there is no substance in ..... be obtained from a foreman may he amended so as to provide for payment of interest on the securities lodged by a foreman. (this judgments reported in air (1989) kar page 125 - (1990) 67 comp cas p.203). the matter was examined in consultation with the central government and it has been decided not to amend ..... karnataka high court at bangalore dated 29th april, 1989 passed in writ petition nos.19321/86, 17110/84, etc.2. the above appeals and writ petitions involve challenge to constitutional validity of the chit funds act, 1982 (central act no.40 of 1982) (hereinafter called as 'the act' or 'the impugned act').3. the various appellants/petitioners are either public .....
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