Court : Supreme Court of India
Reported in : AIR2002SC1109; 2002(1)ALD(Cri)453; JT2002(2)SC184; 2002(2)SCALE220; (2002)3SCC18; [2002]1SCR1082; 2002(1)UJ566(SC)
..... delhi administration and others etc. and charles gurmukh sobraj versus delhi administration and others [1978 air 1675 = 1979 scr (1) 392], section 30 of the prisons act came up for consideration. the said section runs as follows:- "30.(1) every prisoner under sentence of death shall, immediately on his arrival in the prison after sentence ..... have come up before this bench.before we proceed further to consider the contentions of the learned counsel, we extract below sections 3 and 4 of the act:-"3.temporary release of prisoners on certain grounds.-(1) the state government may, in consultation with the district magistrate or any other officer appointed in this behalf ..... singh has also filed the writ petition challenging the vires of sub-section (3) of section 3 of the haryana good conduct prisoners (temporary release) act, 1988 (for short 'the act') on the ground that the sub-section is arbitrary, illegal, ultra vires and unconstitutional.when both the appeal and the writ petition came before a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC91; 1976CriLJ172; (1976)1SCC145
..... prosecution did not choose to examine gurdev singh, excise & taxation officer, though, according to the evidence of jagdish raj, arjun das, inspector hardas singh and sub-inspector bal dev singh, gurdev singh happened to come there before the person of the appellant was searched and he was a witness to the search. the only reason given by the ..... the appellant charging him for offences under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was, as pointed out above, convicted and sentenced by the learned special judge and his conviction was confirmed in appeal by the high court, ..... sentence recorded against the appellant under section 161 of the indian penal code and section 5(1)(d) read with section 5(2) of the prevention of corruption act, 1947. the appellant was tried by the special judge, amritsar and for each of the two offences he was convicted and sentenced to undergo rigorous imprisonment for one .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1924; 1976CriLJ1521; (1976)3SCC629; [1976]SuppSCR587
..... diary as to which witnesses were examined by him on the date of the occurrence which was obligatory upon him to do under paragraph 44 of the u.p. police act. the time when the investigation was commenced and the time when it was concluded are not mentioned in the case diary. the time when the investigating officer reached the ..... the charge of murder leveled against the appellants was established beyond a reasonable doubt. the high court is right in saying that the main question in the case was whether bal kishore and kusuma devi who were examine as eye-witnesses were truthful witnesses. but then it did not subject their evidence to any minute scrutiny. impressed overbearingly by the ..... 4 p.m. on the very day. the appellant shyam narain was arrested at about 2-40 p.m. on the same day under section 122 of the railway act for crossing the railway lines at fatehgarh.5. the appellants denied the charge that they had committed the murder of ram sanehi and stated that they were involved in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2189; 2003(4)ALLMR(SC)1160; 2003(3)AWC2243(SC); [2003]114CompCas590(SC); [2003(98)FLR1]; [2003(3)JCR146(SC)]; JT2003(4)SC328; (2003)IILLJ1078SC; (2003)134PLR470; 2
..... a constitution bench in express newspapers ltd. and ors. v. union of india and ors. : (1961)illj339sc having regard to the provisions of industrial disputes act and minimum wages act and the following principles for fixation of rates of wages were laid down :(1) that in the fixation of rates of wages which include within its compass ..... but has been placed under a special system of control and conferred certain privileges by virtue of the provisions contained in sections 619 and 620 of the companies act. merely because the entire share holding is owned by the central government will not make the incorporated company as central government. it is also equally well settled ..... : (1969)iillj549sc and it was held as under in para 4 of the reports:'.....it is an undisputed fact that the company was incorporated under the companies act and it is the company so incorporated which carries on the undertaking. the undertaking, therefore, is not one carried on directly by the central government or by any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(4)ALD106(SC); 2005(5)ALLMR(SC)816; 2005(2)AWC1685(SC); 2005(2)BLJR1316; 2005(5)BomCR605; 100(2005)CLT198(SC); 2005(2)CTC801; JT2005(11)SC8; 2005(3)MhLj747; (2005)5SCC1
..... fact that the plaintiffs- respondents did not file an appropriate application conforming to the requirements of sub-section (3) of section 12 of the specific relief act, 1963 (the act), the impugned judgment cannot be sustained. according to the learned counsel the said respondents had also filed a cross- objection and in that view of the ..... was with respondent in respect of his share in the property.'13. in rachakonda narayana (supra), analyzing the provisions of sub- section (3) of section 12 of the act, this court opined :'...thus, the ingredients which would attract specific performance of the part of the contract, are: (i) if a party to an agreement is unable ..... was giving up the cross-objection and that he was relinquishing claim for further performance and for compensation etc. as required under section 15 of the specific relief act, 1877. the relinquishment as required by law, having been made in this court the plaintiff-respondent could not be non-suited on this ground.'19. in view .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1881; 1989(3)Crimes65(SC); 1989(25)LC479(SC); (1990)1GLR17; JT1989(3)SC279; 1989(2)SCALE168; (1989)4SCC124a
..... valid licence to keep this english liquor your possession and sell it and you are involved in four offences in all between 1986 and 1988 under the bombay prohibition act. two of them are pending in court and two are under police investigation' (vide paragraph 1) and a relevant portion in paragraph 5 reading 'taking carefully ..... on technical grounds. even after your release from that detention you have continued your anti-social activities and are involved in the two offences under the bombay prohibition act. moreover so, as stated by the witness you are involved in two incidents.8 according to her, the above statement clearly spells out that the criminal cases ..... detaining authority has taken into consideration some of the grounds of an earlier detention order passed against this detenu on 1.7.87 under the provisions of the act for drawing his requisite subjective satisfaction notwithstanding the earlier detention had been quashed by the high court of gujarat by its order dated 4.4.88.2. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(3)AWC2233(SC); JT2009(7)SC32; 2009(5)SCALE328; (2009)5SCC399
..... mandates that no application shall be entertained by the prescribed authority on the grounds mentioned in clause (a) of sub-section (1) of section 21 of the act unless a period of three years had elapsed since the date of such purchase. it further provides that no application under the said clause shall be entertained unless the ..... aforesaid ground after the period contemplated under the aforesaid proviso does not require the service of the aforesaid notice of six months. 5. section 21(1) of the act so far as relevant reads as follows:21. proceedings for release of building under occupation of tenant:1. the prescribed authority may, on an application of the ..... xxxxprovided that where the building was in the occupation of a tenant since before its purchase by the landlord, such purchase being made after the commencement of this act, no application shall be entertained on the grounds mentioned in clause (a) unless a period of three years has elapsed since the date of such purchase and the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2348; 1995(1)ALT(Cri)674; 1995CriLJ3994; (1995)2GLR992; JT1995(2)SC587; 1995(2)SCALE200; (1995)2SCC584; [1995]2SCR638; 1995(2)LC93(SC)
..... under article 142 is at an entirely different level and of a different quality. prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under article 142. such prohibitions or limitations in the statutes might embody and reflect the scheme of a ..... life in the society. it is for this purpose that the courts are entrusteddis-servicewith the extra-ordinary power of punishing those who indulge in acts whether inside or outside the courts, which tend to undermine their authority and bring them in disrepute and disrespect by scandalising them and obstructing them ..... to the maintainability 'of initiating contempt proceedings' against him. his first objection was to the assumption of jurisdiction by the court to punish for an act of contempt committed in respect of another court of record which is invested with identical and independent power for punishing for contempt of itself. according to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3678; JT1999(6)SC67; (1999)123PLR504; 1999(5)SCALE74; (1999)7SCC89; [1999]Supp1SCR591
..... of rent is required to be fair and reasonable and not actuated by considerations which could be termed as arbitrary or discriminatory. the government cannot act like a private individual in imposing the conditions solely with the object of extracting profits from their lessees., governmental actions are required to be based ..... that the respondent being the regulator and dispenser of special services and provider of large number of benefits including the granting of leases are required to act fairly and reasonably. the discretion of the respondents even if assumed is not unlimited and that the respondents cannot give or withhold leases in its ..... appeared for the appellants have vehemently argued that admittedly in the absence of the rules, required to be framed under the capital of punjab (development & regulation) act, 1952, the respondent administration had no jurisdiction to enhance the rent. alternatively, conceding that such power existed, they have argued that the exercise of power has .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2035; 102(2006)CLT385(SC); 2006CriLJ2782; 2006(5)SCALE638; (2006)6SCC669
..... date of occurrence as alleged in the complaint. according to the learned counsel, the dispute involved in the alleged complaint is of civil nature and none of the acts allegedly committed by the appellants gave rise to any criminal liability.8. per contra, learned counsel for the respondent- complainant contended that the contents of the complaint ..... under:quashing of fir or a complaint in exercise of the inherent powers of the high court should be limited to very extreme exceptions. merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. the provision incorporated in the agreement for referring the disputes to arbitration is ..... not an effective substitute for a criminal prosecution when the disputed act is an offence. arbitration is a remedy for affording reliefs to the party affected by breach of the agreement but the arbitrator cannot conduct a trial of .....
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