Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... report of the committee, known as the santhanam committee, appointed by the government of india to suggest changes which would ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the bill which was enacted as the anti ..... false statements, or vote in any particular manner, in consideration of a bribe paid or to be paid to them, that would have been a conspiracy to do an act, not necessarily illegal perhaps, but to do the act by illegal means, bribery being an offence against the law; and the offence of conspiracy would have been complete by reason of the illegal means by which the act was to be effected.that offence could have been inquired into by the court, because the inquiry into all that ..... hold the office as members of the said lok sabha and therefore under law no sanction for their prosecution is required and furthermore accused persons are sought to be tried for criminal conspiracy under section 120-b ipc read with sections 7, 12, 13(2) of the 1988 act as well as the substantive offences and that according to section 19 of the 1988 act sanction is required only in respect of the offences punishable under sections 7 and 13 and these substantive offences were allegedly committed by members of parliament who .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2608; JT1994(5)SC176; (1995)ILLJ303SC; 1994(3)SCALE816; (1994)5SCC737; [1994]Supp2SCR573; 1994(3)SLJ145(SC); (1995)1UPLBEC173
..... who had drawn wages (being wages, including commission), or commission only, in either case,not exceeding nine thousand rupees in the aggregate in the twelve months immediately preceding the months in which this act applies to such establishment and continues to draw such wages or commission, in the aggregate, not exceeding the amount aforesaid in a year; but does not include any such person who is employed or engaged mainly in a ..... or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal discharge, or retrenchment has led to that dispute, but does not include any such person -(i)who is subject to the air force act, 1950 (45 of 1950), or the army act, 1950 (46 of 1950), or the navy act, 1957 (62 of 1957); (ii) who is employed in the police service or as an officer or other employee of a prison; or(iii) who is employed mainly in a managerial or administrative capacity; or(iv) who, being ..... the light of the above position of law emerging from the judicial decisions, the statutory provisions and the changes in them, we may now deal with the contentions advanced before us.it was contended by shri sharma, appearing for the workmen that the definition of workman under the id act includes all employees except those covered by ..... 242 of 1990 where an individual employee had filed an application under section 33c(2) of the id act for bonus for the years 1977-78 to 1879-80, we direct that the bonus for the said years be paid to the appellant-employee as ex- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1888; 1966CriLJ1514; [1966]SuppSCR393
..... all this, according to the learned judge, would show that the proceeding even before the civil court would not be a civil proceeding and the idea of pecuniary jurisdiction of a court being foreign to the code of criminal procedure it was not necessary to ascertain whether the court to which a reference was ..... this decision ignores the vast body of authority which is to the effect that when a legal right is in dispute and the ordinary courts of the country are seized of such dispute the courts are governed by the ordinary rules of procedure ..... he has also considered this question from the angle of the nature of the proceeding and expressed the view that the proceeding was a civil proceeding to which the procedure for suits could, with the ..... further contended that the district judge had no jurisdiction to transfer the case and that consequently the ultimate order made by the learned magistrate was a nullity ..... court for decision as to which of the parties was in possession at the material point of time and in the meanwhile directed that the attachment of the property shall continue. ..... the arbitration act and also under s ..... when a special or local law provides for an adjudication to be made by a constituted court - that is, by a court not created by a special or local law but to an existing court - it in fact enlarges the ordinary jurisdiction of such ..... : 1961crilj740 , this court has accepted the meaning given to the expression persona designata in osborn's concise law dictionary, 4h edn. p. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1479; II(2002)BC194(SC); [2002]110CompCas141(SC); (2002)IICompLJ231(SC); 96(2002)DLT723(SC); JT2002(3)SC131; (2002)2MLJ122(SC); 2002(2)SCALE668; (2002)4SCC275; [20
..... from any person to the defendant, the recovery officer may require such person to deduct from the said amount, the amount of debt due from the defendant under this act and such person shall comply with any such requisition and shall pay the sum so deducted to the credit of the recovery officer: provided that nothing in this sub-section shall apply to any part of the amount exempt from attachment in execution ..... the challenge to the constitutional validity of the recovery of debts due to banks and financial institutions act, 1993 (hereinafter referred to as 'the act') on the ground that the act is unreasonable and is violative of article 14 of the constitution, and that the same is beyond the legislative competence of the parliament, arises for consideration in these cases.3. ..... judge of the high court, while taking a different view from the one expressed by the delhi high court, came to the conclusion that the parliament did not have the legislative competence to enact the act inasmuch as entry 11a of list iii could not include 'tribunal' and furthermore that the parliament could not exercise power to enact this law under the provisions of article 323a or 323b of the constitution. ..... the learned counsel has drawn our attention to the provisions of the act and we are unable to agree with the delhi high court that the act or any other provision thereof is in any way arbitrary or bad in law. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC100; [1960]1SCR773
..... radha shamsunderji to the intent that the said thakur may be located and worshipped in the said premises and to and for no other use or intent whatsoever provided always that if at any time hereafter it shall appear expedient to the said jadulal mullick, his heirs, executors, administrators or representatives so to do it shall be lawful for him or them upon his or their providing and dedicating for the location and worship of the said thakur another suitable thakur bari of the same ..... if the court holds that a trust in the matter of 'shri vyankatesh balaji deity' and 'shri vyankatesh balaji sansthan' exists, then it may be declared that the said trust is not a public one, that the same has not come into existence for the religious and charitable purposes and that the religious and charitable trusts act (sic.) (no. ..... 5(3) of the charitable and religious trusts act, 1920, and that the burden lay upon the respondents to prove that there was a religious and charitable trust of a public character in favour of the ..... it must not be forgotten that the preparation of this register was a great act of state, and its preparation and contents were the subject of much consideration under elaborately detailed reports and minutes. ..... 14 of 1920), hereinafter called the act, against the appellant and two others asking that the appellant be directed to furnish full particulars of the properties and their application and for accounts of the income as also of the properties during the three preceding .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(3)Crimes644(SC); JT1994(6)SC544; 1994(4)SCALE452; (1994)6SCC731; [1994]Supp4SCR386
..... by virtue of section 4(1) all offences under the indian penal code have to be investigated, inquired into, tried and otherwise dealt with according to the provisions of the code, section 4(2) provides that all offences under any oilier law shall he similarly investigated, inquired into, tried and otherwise dealt with under the code, subject of course to any law for the time being in force regulating, the manner or place of investigating, inquiring into, trying or otherwise dealing with ..... that unless a judge is appointed to the special court, the special court cannot be said to have been constituted under the act and consequently cases in which cognizance has been taken by the court of session upto 6th april, 1991 would fall outside the purview of the special court, and proceeded to observe:from this unreported decision it appears that the contention as regards deeming provision under section 36d was not raised before the learned ..... in substance the petitioner now prays that all undertrials who are in jail for the commission of any offence or offences under the act for a period exceeding two years on account of the delay in the disposal of cases lodged against them should be forthwith released from jail declaring their further detention to be illegal and void and pending decision of this court on the said larger issue, they should in any case be released on bail. ..... after referring to the relevant provisions of the act and the ease law bearing on the point, kurudukar, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC288; (1961)63BOMLR511; [1961]1SCR943
..... the expression 'estate' shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area, and shall also include any jagir, inam or muafi or other similar grant and in the states of madras and kerala any janmam right; (b) the expression 'rights' in relation to an estate shall include any right vesting in a proprietor, sub-proprietor, under- ..... inam became for all practical purposes an occupant under the code liable to pay full land-revenue and the advantage that he had under acts ii and vii of 1863 of paying only a part of the land-revenue and retaining the rest for himself was taken away. ..... holders of lands consented to submit to the terms and conditions prescribed in the act in preference to being obliged to prove their title to the exemption enjoyed by them, the provincial government would be prepared to finally authorise and guarantee the continuance, in perpetuity, of the said land to the said holders, their heirs and assigns upon the said terms and subject to the said conditions. ..... compensation on the ground that any inam village or inam land which was wholly or partially exempt from the payment of land revenue has been under the provisions of this act made subject to the payment of full assessment in accordance with the provisions of the code'. ..... revenue code, 1879 (hereinafter called the code), or in the records kept under the rules made under the pensions act, 1871. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)32; AIR1998SC1251; 1998(1)ALD(Cri)700; 1998(1)ALT(Cri)360; 1998CriLJ1638; 1998(2)Crimes65(SC); JT1998(2)SC375; 1998(2)SCALE261; (1998)3SCC625; [1998]2SCR162
..... provides that whenever there is a reason to believe that by requiring an officer in charge of another police station section to cause a search to be made under sub-section (1) of that section might occasion delay and result in evidence of the commission of an offence being concealed or destroyed, it shall be lawful for the investigating officer of team making investigation under chapter xii to search or cause to search any place in the limits of another police section in accordance with the provisions of section 165 cr.p.c. ..... it is observed that the question whether a presumption should be drawn under illustration (a) of section 114 of the evidence act is a matter which depends on the evidence and circumstances of each case and that the nature of the stolen articles, manner of their acquisition, nature of evidence about its identity, the manner it which they were dealt with by the appellant, the place and circumstances of their recovery, the length of intervening period, the ability or otherwise of the appellant to explain his ..... it was held that the presumption under illus traction (a) of section 114 of the evidence act had to be read along with the important time factor and if ornaments of the deceased were found in possession of a person soon after the murder, the presumption of guilt in respect of murder by the possessor of the stolen goods also might be permitted. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC1622; (1984)86BOMLR536; 1984CriLJ1738; 1984(2)SCALE445; (1984)4SCC116; [1985]1SCR88
..... on the other hand the plea of the defence was that while there was a strong possibility of manju having been ill-treated and uncared for by her husband and her in-laws, being a highly sensitive and impressionate woman, she committed suicide out of sheer depression and frustration arising from an emotional upsurge.page-1653 on the other hand this circumstance may have prompted her to commit suicide, for ..... been clearly proved,(5) the statement of pw 2 that the appellant had told him that during the night on 11th june, 1982 he had sexual act with the deceased is too good to be true and is not believable as it is inherently improbable,(6) that despite the evidence of pws 2, 3, 6 and 20 it has not been proved to our satisfaction that the matter had assumed such extreme proportions that manju re-fused to go to pune with ..... of the letters for four purposes:(1) in order to find out the state of mind and psychological attitude of manju,(2) the nature of manju's attitude towards her husband and in-laws,(3) the amount of tension and frustration which seems to be dearly expressed in the letters, and(4) to determine manju's personal traits and psychological approach to life to determine if she was ever capable of or prone to committing ..... law discussed above and the propositions and the conclusions we have reached, there cannot be any doubt that these statements would fall in the second part of section 32 of the evidence act relating directly to the transaction resulting in the death of manju, and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
..... psc is subject to the constitution of india, the oil fields act, 1948, the petroleum and natural gas rules, 1959, the territorial waters, the continental shelf and exclusive economic zone and other maritime zones act, 1976 and also the gas utilization policy.vi) article 27(1) deals with title to petroleum under the contract areas as well as natural gas produced and saved from the contract area vests with the government unless such ..... clear that the power of the court does not extend to re-writing the scheme in any manner.xii) furthermore, in the companies act, there is no provision except section 391 to section 394 which deal with the procedure and power of the company court to sanction the scheme which fall within the ambit of the requirements as contemplated under these sections. ..... production area does not suffer any excessive rate of decline of production or an excessive loss of reservoir pressure.iv) article 32.2 makes it clear that the contractor is not entitled to exercise the rights, privileges and duties within the contract in a manner which contravenes the laws of india.v) article 21(1) mandates that the discovery and production of natural gas shall be in the context of government's policy for the utilization of natural gas. ..... widely accepted principle that companies can only transfer such rights, powers, duties and property as are capable of being lawfully transferred by a party to a scheme; and this determination has to be made as if the companies act, 1956 itself did not exist .....
Tag this Judgment!