Court : Supreme Court of India
..... of training or maintaining the efficiency of the defence forces; the statutes relating to these already provide for payment of compensation and the machinery for determining the compensation: see manoeuvres, field firing and artillery practice act, 1948; seaward artillery practice act, 1949; (c) the liability of the state for personal injury or death caused by a member of the armed forces to another member while on duty shall be restricted in the same manner as in england (sec ..... also 46 air1950sc12933 arose out of a writ petition under article 32 challenging an order passed by the chief commissioner of delhi in exercise of the powers conferred by section 7(1)(c) of the east punjab public safety act, 1949, requiring the printer and the publisher as well as the editor of an english weekly by name organizer , to submit for scrutiny, before publication, all communal matters and news and views about pakistan including photographs ..... decency and morality professing and practicing acts, intended to outrage different religious religious feelings of any ..... on to hold that section 7(1)(c) of the east punjab public safety act, 1949 does not fall within the reservation of clause (2) of article 19.18. ..... an argument was advanced in romesh thappar (supra) that section 9(1 a) of the 1949 act could not be considered wholly void, as the securing of public safety or maintenance of public order would include the security of the state and that therefore the said provision, as applied to the latter purpose .....
Tag this Judgment!Court : Supreme Court of India
..... begar and forced labour are abolished and the curse on untouchables from whom the begar and forced labour were taken has gone .112 raj bahadur also gave examples how begar was practiced: i know how some of the princes have indulged in their pomp and luxury, in their reckless life, at the expense of the ordinary man, how they have ..... discrimination on the basis of caste/creed/ religion as envisaged in the provisions of west bengal jail code rules, 1967 (rules no.741, 793, 860 and 1117) are not in force/ practice within the correctional homes of west bengal since long, and that a proposal for deletion/alteration/ amendment of the four rules has been already sent to the appropriate authority. mr. ..... . the duty of constitutional courts, when 30 part vi confronted with such a scheme of things, would not just be to strike down the discriminatory practices and compensate for the harm hitherto arising out of them; but also structure adequate reliefs and remedies that facilitate social redistribution by providing for positive entitlements ..... 1911. 182 the criminal tribes enquiry committee report (1949-50), https://ia802807.us.archive.org/11/items/dli.csl.944/944.pdf, 6 183 section 6, criminal tribes (amendment) act 1923 https://164.100.163.187/repealedfileopen?.rfilename=a1923- 1.pdf 184 section 8, criminal tribes (amendment) act 1923 185 section 12, criminal tribes (amendment) act 1923 186 act no.06 of 1924 67 part xi province or to another province, he shall still be treated as a criminal .....
Tag this Judgment!Court : Supreme Court of India
..... investigation of the earlier case he can formally be arrested regarding his involvement in the different case and associate him with the investigation of that other case and the magistrate can act as provided under section 167(2) and the proviso and can remand him to such custody as mentioned therein during the first period of fifteen days and thereafter in accordance with the proviso as discussed above ..... to facilitate the parties to have a speedy trial gave directions on 16-2-1984 as mentioned hereinbefore without conscious awareness of the exclusive jurisdiction of the special courts under the 1952 act and that being the only procedure established by law, there can be no deviation from the terms of article 21 of the constitution of india ..... . cri lj169 has examined a similar challenge as to the vires of section 20(7) of tada act, and held thus: in my opinion section 20(7) is intra vires the provision of article 14 of the constitution in that the persons charged with the commission of terrorist act fall in a category which is distinct from the class of persons charged with commission of offences under the penal code and ..... . but we found that it may not be practicable to exhaustively enumerate those conditions; and moreover, the laying down of such conditions may be construed as prejudging (partially ..... . the crown reported in 1949 scc online punj 20, the question before the full bench was whether section 498 of the 1898 code empowered the high court or the court of session to grant bail to .....
Tag this Judgment!Court : Supreme Court of India
..... appellant herein by which the high court dismissed the appeal and thereby affirmed the order dated 16.06.2023 passed by the special judge for scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, ernakulam division declining to grant anticipatory bail to the appellant herein in connection with the first information report no.899 of 2023 lodged by the complainant (respondent no.2) at the elamakkara ..... in his concurring judgment, observed that while considering any application seeking pre-arrest bail in connection with an offence alleged to have been committed under the provisions of the act, 1989, the courts should balance two interests on one hand they should ensure that the power is not exercised akin to the jurisdiction under section 438 of the crpc ..... those cases where the intentional insult or criminal appeal no.2622 of 2024 page 55 of 69 intimidation takes place either due to the prevailing practice of untouchability or to reinforce the historically entrenched ideas like the superiority of the upper castes over the lower castes/untouchables , the notions ..... it was observed in the said case that the offences enumerated under the act, 1989 belong to a separate category as they arise from the practice of untouchability and thus the parliament was competent to enact special laws treating ..... the crown, reported in 1949 scc online punj 20, the question before the full bench was whether section 498 of the criminal procedure code, 1898 empowered the high court or the .....
Tag this Judgment!Court : Supreme Court of India
..... on a prefatory note, we would begin by quoting what the division bench has noted on page no.7: it is well settled preposition (sic) of law that courts will not act as an appellate court and re-assess the evidence led in domestic enquiry, nor interfere on the ground that another view was possible on the material on record. ..... turning our gaze back to the facts herein, we find that the learned single judge and the division bench acted as courts of appeal and went on to re-appreciate the evidence, which the above- enumerated authorities caution against. ..... learned counsel submit- ted that the act of the respondent stood admitted with regard to his con- duct of financial irregularity(ies) and insubordination by not obeying or- 14 ders relating to his transfer, other directions given for permission of con- struction granted to a cooperative society as also acting beyond juris- diction of assuming power, both in appointing persons as well as ap- pointing himself as an administrator of a co-operative society. ..... duke of norfolk [(1949) 1 all er109 65 tlr225 way back in 1949, these principles cannot be put in a strait-jacket. .....
Tag this Judgment!Court : Supreme Court of India
..... lal nehru in his letter dated 27th june 1961 addressed to all the chief ministers of all the states laments upon the habit of giving reservations and privileges to any caste or group and expresses that such practice ought to be given up 23 (1976) 2 scc31024 (1971) 1 scc3825 (1981) 1 scc24647 and emphasis to help the citizens on economic considerations and not on caste basis and that the scheduled castes and ..... thoti devandrakulathan muchi tiruvalluvar ghasi mundala valluvan godagali nalakeyava valmiki godari nayadi vettuvan godda paga dai (2) scheduled castes throughout the province except in any special constituency constituted under the government of india act, 1935, for the election of a representative of backward areas and backward tribes to the legislative assembly of the province :- aranadan kattunayakan kuruman dombo kudiya malasar kadan kudubi mavilan karimpalan kurichchan pano ..... architect of the indian constitution, gave in his speech on 25th november 1949, while replying to the debate on the final draft of the ..... 169 constituent assembly debates, volume 9, page 1636 (17 september 1949) 82 part d118 the prohibitions in articles 341 (1) and 342 (2) are two-fold : first, specification as a scheduled caste is circumscribed by the territorial limits of the state or the region, specific to which a ..... this was the day prior to 26th november 1949, on which day, the constituent assembly adopted, enacted, and gave to our country the most cherished document for every indian, .....
Tag this Judgment!Court : Supreme Court of India
..... , on these principles, property has been changing hands from time immemorial, and for the government to put forward a claim now, which has never been asserted and which does not rest in law, practice or precedent, would undoubtedly raise a feeling or distrust and discontent which would take long to allay; (5) that it would be straining the state s privileges to attach the condition of recognition of any ..... that it had no proprietary right in the soil.313 the conclusions drawn by the revenue after full enquiry are instructive and are reproduced below: (1) that the state cannot, without violating the rule and practice dating from time immemorial, assert in this presidency an exclusive right to minerals in unoccupied lands, but that it is fully entitled to a share in such products as in any other produce of the ..... by the petitioners therein: - (i) that the state legislature could not have made a law authorising the imposition of the impugned levy after the mines and minerals (regulations and development) act, 1957 (central act lxvii of 1957) came into force; (ii) that the notification in so far as it levied licence fee on the mining activities carried on by the petitioners therein was outside the ..... part i326 to understand the practice of valuation of mineral- ..... peter brown and patrick bond, rating valuation: principles and practice) (3rd edn, elsevier) 13 ..... , which it loosely incorporated under the mineral concession rules 1949 enacted under section 5 of the mmrd act. ..... practical .....
Tag this Judgment!Court : Supreme Court of India
..... although article 131 does not defines the scope of the disputes which this court may be called upon to determine in the same way as section 204 of the government of india act, and we do not find it necessary to do so this much is certain that the 22 legal right which is the subject of dispute must arise in the context of the constitution and the federalism it sets up. ..... committee for protection of democratic right, west bengal and others reported in (2010) 3 scc571 this hon ble court held that although section 5(1), dspe act empowers the central government to extend power and jurisdiction of members of the dspe force to any area in a state, section 6 42 imposes a restriction on such power of the central government requiring it to obtain the consent of the concerned state ..... thereafter, it refers to the judgment of this court which requires the fulfillment of the three conditions under sections 3, 5 and 6 of the dspe act prior to the cbi exercises powers in any state, which read thus: i) a notification must be issued by the central government specifying the offences to be investigated by cbi (section 3); ii) an order must be passed by the central government extending power ..... it has been held that the interpretation which would carry out the intention of the makers of the constitution and also which is in accord with the constitutional practice in such matters, should be adopted. ..... insc4254 1949 scc online pc767 another5, state of rajasthan and others v. .....
Tag this Judgment!Court : Supreme Court of India
..... while deciding whether a private bank that is regulated by the banking regulation act, 1949 discharges any public function, this court held thus:- (ramakrishna mission case, ..... , a person can be said to have a legitimate expectation of a particular treatment, if any representation or promise is made by an authority, either expressly or impliedly, or if the regular and consistent past practice of the authority gives room for such expectation in the normal course. ..... object of the ramakrishna mission is to impart knowledge in and promote the study of vedanta and its principles propounded by shri ramakrishna paramahansa and practically illustrated by his own life and of comparative theology in its widest form. ..... the doctrine of legitimate expectation based on established practice (as contrasted from legitimate expectation based on a promise), can be invoked only by someone who has dealings or transactions or negotiations with an authority, on which such established practice has a bearing, or by someone who has a recognised legal relationship with ..... sixthly, a plea of legitimate expectation based on past practice can only be taken by someone who has dealings, or negotiations with a ..... to unaided minority educational institutions such regulations, which will ensure a check over unfair practices and general welfare of teachers could be framed.57. ..... expectation must arise either from an express or implied promise; or a consistent past practice or custom followed by an authority in its dealings; c. .....
Tag this Judgment!Court : Karnataka
..... services; or (b) that, on demand by or on behalf of the prosecutor, he gave all the information in his power with respect to the person from whom he obtained such goods or things or services; or (c) that otherwise he had acted innocently, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees ..... of origin which has been applied to any goods to which it is required to be applied under section 139; or (g) causes any of the things above mentioned in this section to be done, shall, unless he proves that he acted, without intent to defraud, be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty ..... case the hon ble rajasthan high court has come to a conclusion that once a police officer receives information from a complainant regarding commission of offences punishable under sections 103 and 104 of the tm act, no fault can be found in the action of the police officer in raiding the premises and seizing the bags situated therein even though the opinion of the trademark registrar is not obtained and in ..... be, committed, search and seize without warrant the goods, die, block, machine, plate, other instruments or things involved in committing the offence, wherever found, and all the articles so seized shall, as soon as practicable, be - 34 - nc:2024. ..... /1949: .....
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