Court : Punjab and Haryana
Reported in : 2005CriLJ3937
..... the assistant jailor was alone in the quarter, brutally raped and murdered her. the apex court, after observing that the accused not only committed a most shameful act of rape, they strangulated the helpless girl and after causing injuries with a sharp edged weapon, exhibited their criminality in throwing the dead body into the septic ..... not aware of the consequences of the sinister designs which he had planned;(xii) the gruesome manner in which murders have been committed, unerringly shows that the act was 'diabolic of the most superlative degree' and it not only shocks judicial conscience of the court but the collective conscience of the society also stands trembled. ..... along with that of her grand-mother, did not hesitate in deposing that the accused 'bears good moral character and never he did any wrong and shameful act.' we hope and trust that the public representatives in addition to concentrating on their vote banks, will also be more considerate of their duties towards the society. .....
Tag this Judgment!Court : Delhi
Reported in : 95(2002)DLT14; 2002(61)DRJ639
..... the potential for abuse of power has increased.' 'the courts' supervisory jurisdiction helps to ensure that public bodes do not abuse their power and do not act arbitrarily, capriciously, unreasonably or unfairly. private bodies, too, can throw their weight around. whatever other regulatory controls they may be subject to, it is ..... any person or authority including, in appropriate cases, any government. under clauses (1) of article 367, unless the context otherwise requires, the general clauses act 1897, shall, subject to any adaptions and modifications that may be made therein under article 372, apply for the interpretation of the constitution as applies for ..... has submitted as preliminary objection that the bcci is not amenable to the writ jurisdiction because:(a) it is a society registered under the societies registration act. (b) it is affiliated to international cricket council whose member can only be a corporation, individual nominated by a cricket playing country and government .....
Tag this Judgment!Court : Gujarat
Reported in : 2008CriLJ1851; (2008)2GLR1118
..... to have that result, must be such as temporarily deprives the person provoked of the power of self control, as the result of which he commits the unlawful act which causes death.... the test to be applied is that of the effect of the provocation on a reasonable man, so that an unusually excitable or pugnacious individual ..... malice, which is the formation of an intention to kill or to inflict grievous bodily harm, is negatived. provocation in law consists mainly of three elements: (i) the act of provocation; (ii) the loss of self-control (iii) the retaliation proportionate to the provocation.'20. it has been observed in mancini v. director of public prosectuions ( ..... subject to such a provocation as to cause a reasonable man to do what he did and secondly, whether the provocation was such that it influenced him so to act.19. the word 'provocation' according to oxford dictionary means an action, insult, etc. held to be likely to provoke physical retaliation lord viscount simon has observed .....
Tag this Judgment!Court : Rajasthan
Reported in : 1998CriLJ1434; 1998(3)WLC536
..... the following words:a prosecutrix of a sex offence cannot be put on par with an accomplice. she is in fact a victim of the crime. the evidence act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. she is undoubtedly a competent witness under section 118 and her evidence must receive ..... of the victim in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking corroboration of ..... 2nd march, 85, is reliable and his evidence about the entires of the date of birth in the school record is relevant under section 35 of the evidence act. it may however be pointed out that the original application form which was submitted at the time of admission of bhagwati in (he school has not been produced .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2000)126PLR110
..... 'archaic', 'primitive' and of 'baneful nature', the system which is nothing but an improved version of bonded labour, is sought to be abolished by contract labour regulation and abolition act, 1970. this act is an important piece of social legislation for the welfare of labourers and has to be liberally construed.' in the karnatka contract labour and transport cooperative society limited and .....
Tag this Judgment!Court : Gujarat
Reported in : (1976)17GLR1002
..... needless to emphasise that by such lighter punishment, even the purpose of the penal provision contained in section 304-a of the indian penal code and the motor vehicles act would be, completely frustrated.18. what had happened in the court of the learned magistrate is certainly deplorable but surely, as observed about without entering much into the ..... filed by the learned advocate and the report submitted by the learned magistrate in this court. normally, it is the settled practice that higher court is expected to act and accept the reports made by the judicial officers in such matters, but in the instant case, the affidavit of the learned advocate clearly states that he did ..... months for commission of offences punishable under section 304-a of the indian penal code and sections 78 read with section 112 and 116 of the bombay motor vehicles act, 1939.2. a few relevant facts giving rise to these two proceedings may be stated in brief:3. in substance, the prosecution alleged that on august 1, .....
Tag this Judgment!Court : Gujarat
Reported in : (2006)2CompLJ93(Guj); (2005)3GLR2734; [2006]67SCL404(Guj)
..... 1996(83)elt241(sc) reads as under : -10. we are of the opinion that while examining the challenge to an exemption notification under the central excise act, the observations in the decision aforesaid should be kept in mind. it should also be remembered that generally speaking the exemption notification and the terms and conditions ..... government issuing a notification which has the effect of amending an earlier notification and thereby restricting the operation of the exemption notification. under the general clauses act when power is given to the government to issue notification there is inherent in the same power to amend the same. this is precisely what ..... wherein the validity of the actions initiated by sebi were upheld. regulation 10 read with schedule iii of the regulations, 1992 has been held as intra virus the act, 1992. (ii) because of agitation by share-brokers and mainly for exclusion of certain transaction from 'turnover' and to resolve other dispute as to registration fees .....
Tag this Judgment!Court : Rajasthan
Reported in : II(2006)DMC300; RLW2006(3)Raj2115; 2006(2)WLC743
..... that firstly the burden lies on the prosecution to prove the husband's guilt beyond reasonable doubt before assuming presumption against him under section 113-b of the evidence act.9. learned public prosecutor, on the other hand, contended that the learned trial court has considered the oral and documentary evidence and rightly convicted and sentenced the ..... bring it within the purview of 'death occurring otherwise than in normal circumstances'. the expression 'soon before' is very relevant where section 113-b of the evidence act and section 304-b ipc are pressed into service. the prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... has been indicated and the expression 'soon before' is not defined. a reference to the expression 'soon before' used in section 114 illustration (a) of the evidence act is relevant. it lays down that a court may presume that a man who is in the possession of goods 'soon after the theft is either the thief or .....
Tag this Judgment!Court : Rajasthan
Reported in : 2009(2)WLN404
..... presence is accepting much coincidence which is not warranted or corroborated by any other circumstance or evidence.22. reading together sections 25 and 27 of the indian evidence act, it is clear that no confession made before a police officer can be proved against a person accused of an offence,-as such plain confession made before a ..... the persons said to have met soon after the incident to accused and prosecution has declared them hostile. krishna kumar pw 2, bhopal singh pw 9 and veer bal pw 10 are the motbirs of recoveries and site inspection etc. pw 11 sho and pw 7 circle officer are investigating officers, whereas jai singh pw 4 constable ..... confessional statement even first information report can be given by the accused received as an evidence except to the extent it is permitted by section 27 of the evidence act, that is to the extent leads to discovery of some fact.26. so, position regarding admissible of first information report by accused himself is very clear-not necessarily .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)151PLR496
..... revision petition and would set-aside the impugned order, whereby the lower appellate court, has framed issue to decide the application under section 5 of the limitation act. while allowing this revision petition, the delay in filing the appeal would stand condoned with direction to the court to decide the appeal against the ex-parte ..... fraud one gains at the loss of another. even most solemn proceedings stand vitiated if they are actuated by fraud. fraud is, thus, is an extrinsic collateral act which vitiates all judicial acts, whether in rem or in personam. in india bank v. satyam fibres (india) pvt. ltd. : air1996sc2592 while referring to lazarus estates and smith v. ..... .2007, the respondent herein filed an application for framing an additional issue regarding the competency of a person filing the application under section 5 of the limitation act. the court, after receiving reply to this application, viewed that issue about the locus of ajit singh son of late shri daljit singh to file the .....
Tag this Judgment!