Court : Supreme Court of India
Reported in : AIR1954SC236; [1954]1SCR817
..... seat. jasani's election was challenged on the ground that he was subject to the disqualifications set out in section 7(d) of the representation of the people act (act xliii of 1951) as he was interested in a contract for the supply of goods to the central government. 6. the election tribunal held that the rejection of ..... the caste system and follow the rituals of their own caste and carry on social contacts with their caste people and marry among them. similar views are expressed by bal krishna mahanubhav shastri. but we are not really concerned with their theology. what we have to determine are the social and political consequences of such conversions and that ..... 1952crilj955 . 51. none of these provisions is quite the same as article 299. for example, in article 166, as also in section 40(1) of the government of india act of 1935, there is a clause which says that 'orders' and 'instruments' and 'other proceedings' 'made' and 'expressed' in the name of the governor or governor-general in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC541; 1956CriLJ945; [1956]1SCR476
..... minister and the chief minister of the punjab government. the question, however, remains whether, in uttering these slogans, they committed an offence under section 9 if the act. section 9 of the act reads as follows :- '9. whoever - (a) makes any speech, or (b) by words, whether spoken or written, or by signs or by ..... additional sessions judge also found against the appellants and observed that the slogans were highly objectionable and they fell within the ambit of section 9 of the said act, that by raising those slogans the appellants undermined the public order as well as decency and they also amounted to defamation. he, therefore, maintained the conviction ..... was prejudicial to the security of the state and the maintenance of public order and thereby committed an offence punishable unable section 9 of the security of the state act'. 3. the appellants pleaded not guilty and claimed to be tried. they also led evidence in defence. the learned magistrate, however, disbelieved the defence and, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769
..... restrictions, and, therefore void and unconstitutional. in brij bhushan's case : 1950crilj1525 , the same majority struck down s. 7(1)(c) of the east punjab public safety act, 1949, as extended to the province of delhi, authorising the imposition of restrictions on the freedom of speech and expression for preventing or combating any activity prejudicial to the ..... penal code, and of sub-para (e), sub-rule (6) of rule 34 of the defence of india rules. their lordships approved of the dicta in the case of bal gangadhar tilak i.l.r. (1898) 22 bom. 112, and in the case of annie basant v. advocate general of madras i.l.r. (1919) indap 176, ..... or small. whether any disturbance or outbreak was caused by these articles, is absolutely immaterial. if the accused intended by the articles to excite rebellion or disturbance, his act would doubtless fall within section 124a, and would probably fall within other sections of the penal code. but even if he neither excited nor intended to excite any rebellion .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC449a; 1976CriLJ346; (1976)1SCC644; [1976]3SCR119
..... (pw 5).14. the accused stands charged under section 161, i.p.c. and section 5(2) read with section 5(1)(d) of the prevention of corruption act (briefly the act). his defence is that the case was concocted against him by the complainant and the money was planted in his pocket as he 'had casually told him also not ..... nor about any conversation. pw 4, however, supported the complainant in his examination-in-chief although he added that 'the accused denied having taken any bribe when challenged by inspector bal krishan' in the course of his cross-examination, however, he stated that he 'could not hear the talk between the complainant and the accused' constable babu ram (pw 6), ..... recovered besides rs. 51/- from the accused vide memo pw 1/d. pw 4, however, stated that 'the accused denied having taken any bribe when challenged by inspector bal krishan'.12. it may be mentioned here that p-2 is the chalan relating to the complainant's brother. charan dass. it appears from p-2 that the case against .....
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 : (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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC541; 1984LabIC301; (1984)ILLJ314SC; 1983(2)SCALE1060; (1984)2SCC141; [1984]2SCR200; 1984(1)SLJ474(SC); 1984(16)LC44(SC)
..... 12, proceeded to examine whether the society which had established regional engineering college, srinagar and which was registered under the jammu & kashmir registration of societies act, 1898 was an instrumentality or agency of the state and would be comprehended in the expression 'other authority' in article 12. in this connection the ..... was an agency or instrumentality of the government. this court also referred to some decisions which have held that the companies incorporated under the companies act and the employees of these companies do not enjoy the protection available to government servants as contemplated in article 311. this court accordingly concluded that ..... an adjunct of the government of india and has not undergone any noteworthy change. on the advent of the provincial autonomy under the government of. india act, 1919, 'agriculture' and 'animal husbandry' came under the heading 'transferred sudject' with the result that they came within the exclusive jurisdiction of the .....
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 : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597
..... fearing the possibilities of the exploitation of the situation by vested interests, the government of india enacted, the bhopal gas leak disaster (processing of claims) act, 1985 ('the act') to regulate the course of such litigation. briefly speaking, it empowered the union of india to take over the conduct of all litigation in this ..... foreign multinationals, the nature of injuries and damages, and the limited but significant right of participation of the victims as contemplated by section 4 of the act, the act cannot be condemned as unreasonable.100. in this connection, the concept of 'parens patriae' in jurisprudence may be examined. it was contended by the learned ..... of information, informed decision-making process, the modalities of assessing a consensus of opinion would involve such time that the govt. would be totally unable to act in the matter efficiently, effectively and purposefully on behalf of the victims for realisation of the just dues of the victims. he further urged that the .....
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