Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to ..... for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of ..... vicious and pernicious, which under the english common law were classified as crimes mala in se as distinguished from crimes mala prohibita crimes mala in se embrace acts immoral or wrong in themselves, such as, murder, rape, arson, burglary, larceny (robbery and dacoity); while crimes mala prohibita embrace things prohibited by .....
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..... , and taken appropriate action against such an advocate. under article 144 of the constitution "all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. the bar council which performs a public duty and is charged with the obligation to protect the dignity of the profession and ..... chamber by police officials for not passing an order they sought. this court held that, "the courts cannot be compelled to give "command orders". the act committed amounts to deliberate interference with the discharge of duty of a judicial officer by intimidation apart from scandalizing and lowering the dignity of the court and interference ..... tactics since long and highlighted all the details about them. (e) the entire incident was published in a local newspaper `mazdoor morcha' which necessitated action under the act against shri satish kumar, owner, publisher, printer and editor of the said newspaper.(f) based on the letter of the district & sessions judge as well as .....
Tag this Judgment!Court : Supreme Court of India
..... , and taken appropriate action against such an advocate. under article 144 of the constitution "all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. the bar council which performs a public duty and is charged with the obligation to protect the dignity of the profession and ..... chamber by police officials for not passing an order they sought. this court held that, "the courts cannot be compelled to give "command orders". the act committed amounts to deliberate interference with the discharge of duty of a judicial officer by intimidation apart from scandalizing and lowering the dignity of the court and interference ..... tactics since long and highlighted all the details about them. (e) the entire incident was published in a local newspaper `mazdoor morcha' which necessitated action under the act against shri satish kumar, owner, publisher, printer and editor of the said newspaper.(f) based on the letter of the district & sessions judge as well as .....
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..... and again at page 173, the learned author opines: it must be borne in mind that promoters have no powers, other than those comprised in their special acts and the acts therewith incorporated, to enter upon or take lands against the wish of the owners. it is incumbent on promoters to comply with all conditions and limitations imposed ..... state/authority free from all encumbrances and such status of the property is incapable of being altered by fiction of law either by the state act or by the central act. both these acts do not contain any provision in terms of which property, once and absolutely, vested in the state can be reverted to the owner on ..... become far more numerous than ever before. this not only led to an increase in exercise of executive powers, but also to various legislative amendments to the act. the 1870 act abolished the system of uncontrolled direction by arbitrators and in lieu thereof, required the collector, when unable to come to terms with the persons interested in the .....
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..... 16, attempted to murder the father (informant) and mother who survived the attack with multiple injuries. there was no provocation or reason for committing this ghastly act at a time when the children were sleeping. there were several incised wounds (muscle deep or bone deep) caused to the deceased. considering the brutality, diabolic ..... harmonious coexistence. the court has to further enquire and believe that the accused condemned cannot be reformed or rehabilitated and shall continue with the criminal acts. in this way a balance sheet is to be prepared while considering the imposition of penalty of death of aggravating and mitigating circumstances and a just ..... peaceful and harmonious coexistence. the court has to further enquire and believe that the accused cannot be reformed or rehabilitated and shall continue with his criminal acts. thus a balance sheet is to be prepared in considering the imposition of death penalty of the aggravating and mitigating circumstances, and a just balance is .....
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..... unreasonable for the petitioner to entertain the plea that the arbitrator appointed by the respondent would not be impartial. the cmd itself would not be able to act independently and impartially being amenable to the directions issued by the ministry of defence. in similar circumstances, this court in the case of denel (proprietary) limited ..... the agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely reiterate the ..... northern railway admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not following .....
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..... are the provisions relating to human behaviour and, therefore, cannot be given such a narrower meaning, which would defeat the very purpose of the provisions of the act. of course, these are penal provisions and must receive strict construction. but, even the rule of strict construction requires that the provisions have to be read in ..... conjunction with other relevant provisions and scheme of the act. further, the interpretation given should be one which would avoid absurd results on the one hand and would further the object and cause of the law so ..... legislature in its wisdom would have specified any period which would attract the provisions of this section. however, there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim. for want of any specific period, the concept of reasonable period would be applicable .....
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..... work of the commission did not warrant their appointment. the reason given by respondent 1 (union of india), that on account of the constitution (61st amendment) act reducing the voting age and the constitution (64th amendment) and (65th amendment) bills relating to election to the panchayats and nagar palikas, the work of the ..... were enrolled with the employment exchange were called upon and got their option to be enrolled as special police officer (spos) under section 17 of the police act, 1861. those persons who were having armed licence were enrolled as spos and this enrolment was made by the superintendent of police, amritsar. similar orders were ..... but chose to make appointments of persons creating contractual relationship only demonstrates the arbitrary nature of the exercise of the power available under section 17 of the act. the appointments made have never been terminated thereby enabling various banks to utilize the services of employees of the state for a long period on nominal .....
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..... the state is empowered to distribute natural resources. however, as they constitute public property/national asset, while distributing natural resources the state is bound to act in consonance with the principles of equality and public trust and ensure that no action is taken which may be detrimental to public interest. like any other ..... , that too by entertaining private applications, are arbitrary, illegal and fraudulent and against the public policy as contemplated under section 23 of the indian contract act.29. in the course of argument, mr. vikas singh, learned senior counsel appearing for the respondents in all the three appeals filed a compilation of ..... the proposal of the respondent before the board of directors. cidco further requested the respondent to submit registration certificate either under the trust act or the society registration act before allotment/ possession of the land so that the case of the respondent could be considered for allotment at subsidized rate in terms .....
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..... to be awarded compensation because of deficiency of service, it is important to consider the meaning of deficiency as provided under section 2(1)(g) of the consumer protection act, 1986. (g) deficiency means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of 9 performance which is required to be maintained by or ..... prayers- a. to hold and declare the opposite parties to be guilty of deficiency in service and unfair trade practices as per the provisions of the consumer protection act, 1986 2 b. to direct the opposite parties 1 to 4 to comply with their statutory obligations and to execute and register the agreement for sale with the ..... the settled legal position concerning the same. at the 11 outset, we may note that even under the consumer protection act, 1986, the damages for commercial contracts need to be determined as per the indian contract act.17. it would be pertinent to note that in common law, claim for damages is the rule and specific performance .....
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