Court : Allahabad
Reported in : I(2006)ACC709
..... court cannot read anything into a statutory provision which is plain and unambiguous. his contention was that there is a provision in the second schedule of the motor vehicles act for reducing the amount of compensation by 1/3rd in consideration of the expenses which the victim had incurred towards maintaining himself, had he been alive, and so ..... specifically affirmed in two decisions of the supreme court. it would not be reasonable to say that even though qamaruddin's case does not notice u.p. amendment act and the earlier decision of supreme court approving the full bench decision of this court, it must be deemed to have dissented or departed from earlier decisions or that ..... the extent, it holds that revision against an appellate or revisional order passed by the district court is maintainable under section 115, c.p.c. (as amended by up act 31/78) to the high court does not state the law accurately or overrule the decision of the full bench of this court in jupiter chit fund (pvt.) ltd .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2001(4)MPHT70(CG)
..... 33rd battalion. 4. the present petitioners in their capacity as the respondents submitted before the tribunal that in accordance with rule 37 of m.p. vishesh sashastra bal niyam, 1973 if the recruit does not acquire the required proficiency within nine months or the extended period, then the authority is entitled to remove him ..... in accordance with the powers conferred upon the state government under section 27, sub-sections (1) and (2) of the act, the state government had made rules known as 'the madhya pradesh vishesh sashastra bal niyam, 1973'. chapter iv of the rules refers to recruitment. chapter vii of the rules refers to training. for the purpose ..... discretion of the commandant to discharge or retain the recruit in service. 8. the madhya pradesh vishesh sashastra bal adhiniyam, 1968 (no. 29 of 1968) received the assent of the governor on the 25th november, 1968. this act provides for the constitution and regulation of the special armed force in the state of madhya pradesh. section .....
Tag this Judgment!Court : Chhattisgarh
Reported in : 2006CriLJ4743
..... criminal track record and nefarious activities.23. therefore, we are of the considered opinion that looking to the entirety of the circumstances and facts of the case, the act of the accused/appellant does not come within the category of the rarest of the rare cases, as such the extreme penalty of death imposed on the accused/ ..... criminal it was imperative that he should be punished with extreme penalty. of course, at the time of consideration for punishment the court is required to consider the act as well as right of victim of crime and the society at large. manifestly, inadequate punishment having regard to the nature of crime of offence would not subserve ..... category of special reasons of rarest of rare case and the statutory requirements of section 354(3) of the cr.p.c. are not satisfied. of course, the act of accused was brutal, every incidence of murder involves brutality. brutality is one of the factor for imposing the extreme penalty on the accused while considering the case for .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(4)MPHT16
..... amount of rs. 705.28 lacs an amount of rs. 17.5 lacs is the outstanding towards gratuity which carries interest under section 7(3a) under the provisions of gratuity act, 1972 for which a reliance has been placed on 2003 scc (l & s) 257 (h. ganga hanume gowda v. karnatak agro industries corporation ltd.). it was further submitted that the ..... .28 lacs to the petitioner. out of which rs. 17.5 lacs which is the amount of gratuity shall carry interest as per section 7(3a) of payment of gratuity act, 1972.(2) an amount of rs. 148 lacs being arrears of the salary of the employees for the period from january, 1999 to 15th of september, 1999 will be paid .....
Tag this Judgment!Court : Uttaranchal
Reported in : I(2006)ACC306; AIR2006Utr67
..... of the hon'ble supreme court does not have any such effect or implication. the supreme court has not held that, notwithstanding the commencement of the motor vehicles act, 1988, the motor vehicles (protective headgears) rules, 1980 are in force and operative. such a question was not considered or decided by the hon'ble supreme ..... , the learned counsel for the petitioners contended that the motor vehicles (protective headgears) rules, 1980 are still operative even after the commencement of the motor vehicles act, 1988. the reasoning of the learned counsel is that unless the hon'ble supreme court was of the view that the said rules are still in force ..... grievance of the petitioners is only regarding the direction contained in paragraph 2(5) of annexure 2 letter which stated that, under section 129 of the motor vehicles act, 1988 every person driving or riding on two-wheelers should wear a protective headgear (helmet). the petitioners want the sikh women to be exempted from wearing protective .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(1)JCR246(Jhr)]
..... . learned counsel submitted that the instant cases arise out of mining leases, governed by the stipulated terms and conditions as well as by the provisions of the mmdr act and mc rules 1960. several issues of law have been raised in the writ petitions, which can be adjudicated upon and decided by this court and not by ..... filed by the state of jharkhand assailing the order dated 9th november, 2005 passed by the mir ing tribunal while exercising the power under section 30 of the mmdr act read with rule 54 of the mc rules 1960.(ii) the mining tribunal while passing the aforesaid order did not approve the order dated 15th december, 2004 whereby ..... detrimental to the public interest as it also entails avoidable wastage of public money and time. various departments of the government are it limbs and, therefore, they must act in coordination and not in confrontation. filing of a writ petition by one department against the other by invoking the extraordinary jurisdiction of the high court is not only .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT280; (1998)ILLJ1084Ori
..... agent for extraction of bamboos of all species from government forests and trade thereof was expedient to be appointed and, accordingly, in exercise of powers under the said act read with sub-rule (7) of rule 3 of the orissa forest produce (control of trade) rules, 1983, the state government appointed the orissa forest ..... a representation to the vice- president (forest), straw products ltd., rayagada against their illegal retrenchment alleging non-compliance with the mandatory provisions of the industrial disputes act, 1947. a copy of the said representation was also sent to the district labour officer, rayagada with a prayer to intervene in the matter. the district ..... service, the state government issued a notification on september 21, 1988 under sub-section (3) of section 1 of the orissa forest produce (control of trade) act, 1981 in pursuance of which the trade of bamboo was nationalised with effect from october 1, 1988. the orissa forest corporation limited was entrusted with the work .....
Tag this Judgment!Court : Orissa
Reported in : 1989CriLJ1598
..... honesty of justice mohanty. the petitioner, therefore, has failed to successfully make out a clear case for punishing the contemner under the provisions of the contempt of courts act.17. the application must, therefore, fail and subject to the observations made in the foregoing paras the rule of contempt issued by this court is hereby discharged.a. ..... clarified the position that they were not sisters but cousin sisters. this fact has not been controverted.10. 'contempt' has been defined in section 2 of the contempt of courts act, 1971 and clause (c) defines 'criminal contempt'. sub-clause (i) of clause (c) of section 2 reads as follows:(i) (a) scandalises or tends to scandalise,( ..... this particular case amount to a contempt of court or the hon'ble judge and expose him to the peril of a conviction under the contempt of courts act, 1971.9. the proceeding has been initiated against the petitioner on the basis of his allegations regarding the relationship of the hon'ble judge with the adversary .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1999CriLJ662
..... snuffing out the lives of five innocent persons did not take place on account of some provocation in the heat of moment, but it was a premeditated and calculated act executed by them through a chalked out plan at night time thinking that the ghastly, barbaric and brute murders might go unnoticed and the police might work on the ..... and her family. dharampal and nirmal do not deserve to remain in human society. they have forfeited their right to remain members of an orderly society because of their having acted brutally, shockingly, desparately, irrationally in eliminating the entire family of tale, if, there had been little human tinge in them, their ire would have directed them only to ..... distinguishing feature that weighed with the hon'ble supreme court was that the case rested on the solitary testimony of a child witness and it was not sufficient enough to act upon his deposition even it true for putting out a life. 41. in sheikh abdul hamid v. state of m.p., air 1998 sc 942, death sentence .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : II(1997)DMC284
..... jurisdiction to try such offences. in the present case there is a specific allegation that the accused repeated the demand of rs. 5 lacs at amritsar and this act itself amounts to cruelty and there should not be any difficulty on the part of this court to hold that the amritsar court had the jurisdiction to try the ..... judge at the stage of invoking the provisions under section 482, cr. p.c., who could possibly be punished for the alleged demand of dowry or for the alleged acts of cruelty. human psychology and behaviour varies from person to person. to decide the probabilities at the initial stage, would amount to entering into the trial itself, which is ..... is sufficient ground for proceeding against the accused.(6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and /or where there is a specific provision in the code or the .....
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