Court : Supreme Court of India
..... 11 same as binding in relation to circumstances similar to those under consideration. in this case at hand there was no pleading or proof which could justify that the above standards were met.15. it would not be out of context to observe certain judicial decisions which throw some light on the issue raised in this case instant. in rup chand ..... of jain population, was insufficient to establish a custom so wide as this, and that no narrower custom was either alleged or proved. in their lordships' opinion there is great weight in these criticisms, enough to make the present case an unsatisfactory precedent if in any future instance fuller evidence regarding the alleged custom should be forthcoming .16. in sheokuarbai v .....
Tag this Judgment!Court : Supreme Court of India
..... on the same theme, had recorded the following exposition:17. /p> 28. it can be argued that the concept of reasonable doubt is vague in nature and the standard of burden of proof contemplated under section 105 should be somewhat specific, therefore, it is difficult to reconcile both. but the general principles of criminal jurisprudence, namely, that ..... a prudent man would under the circumstances act on the assumption of its existence. the act while adopting the requirement of the prudent man as an appropriate concrete standard by which to measure proof at the same time contemplates of giving full effect to be given to circumstances or condition of probability or improbability. it is ..... are thus entitled to the benefit of doubt in the singular facts and circumstances of the case. the contrary view taken by the courts below is against the weight of the evidence on record and the exposition of law attested by the decisions cited at the bar and traversed as hereinabove.25. in the result, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... ; to control, govern, or direct by rule or regulations. regulate is also defined as meaning to direct; to direct by rule or restriction; to direct or manage according to certain standards, laws, or rules; to rules; to conduct; to fix or establish; to restrain; to restrict. (see also webster s third new international dictionary, vol. ii, p. 1913 and ..... does not possess any vested right. it is further 23 contended that as regards the provision of section 113 of the n.h. act, with reference to limit of weight and limitation on use, the power of concessionaire are not absolute, but only enables the same to execute what is prescribed by law at the entry points only. it ..... of chapter viii more particularly, in the light of section 112, the concessionaire has the right to limit the speed of the vehicle running on the road and the weight of the vehicle in terms of section 113 of the m.v. act and that the concessionaire is entitled to erect traffic signs as well as private traffic hoarding under .....
Tag this Judgment!Court : Supreme Court of India
..... no.728/2015 page 3 of 44 had even crossed 700 the day after diwali. the standards laid down in schedule vii of the environment (protection) rules, 1986 are as follows: schedule vii national ambient air quality standards s. no.pollutant time weighted average (1) 1. (2) sulphur dioxide (so2), g/m 3 (3) annual* ..... mechanisation of hazardous process in fireworks industry.4. testing of general performance and sound level of fireworks.5. rendering guidance for development of new products and standardization of general products.6. improvement of quality control and quality assurance.7. imparting training to supervisors and workers of fireworks factories.8. investigation of accidents. ..... limits of various metals and constituents used in fireworks, a research study must be jointly carried out by the cpcb and the fdrc laying down appropriate standards for ambient air quality in relation to the bursting of fireworks and the release of their constituents in the air. while schedule vii of the environment .....
Tag this Judgment!Court : Delhi
..... accordance with seniority would remain unaffected. however, if they were to be promoted out of turn, as it were, to a post rather higher than the promotional post, more exacting standards are to be fulfilled. here it is submitted that the petitioners in w.p.(c) 2181/2013 and w.p.(c)3244/2013, when imposed with the penalty of punishment ..... for upto a month. now a pack drill as this court was made to understand is a mere direction that the employee would have to undertake the drill with some weights. that does not render the procedure or penalty any less a punishment in accordance with section 11(3)(b) of the crpf act, 1949 (hereafter the act ). so far as .....
Tag this Judgment!Court : Supreme Court of India
..... responsibility in protecting and preserving the environment and the flora of the area. through this process, the holder of a mining lease is obliged to adhere to the standards laid down under the environment (protection) act, 1986 or the epa as well as the laws pertaining to air and water pollution and also by necessary implication, ..... section 21. according to justice singh, g.p.: principles of statutory interpretation (8th edn., 2001, at p. 147), though the opinion is not uniform but the weight of authority is in favour of the view that the marginal note appended to a section cannot be used for construing the section. there is no justification for restricting the ..... terms of rupees, according to the cec the total notional value of minerals produced without an environmental clearance or in excess of the environmental clearance, at the weighted average price of minerals as proposed by the indian bureau of mines comes to about rs.17091.24 crores for iron ore and about rs.484.92 crores for .....
Tag this Judgment!Court : Supreme Court of India
..... 2004, chapter 11, synopsis 3 at pp. 754 to 756.) and arun kumar, j., concurring with both the aforesaid judges, followed two earlier decisions of this court as follows: (standard bank case [standard chartered enforcement, bank v. directorate of (2005) 4 scc530:2005. scc (cri) 961]. , scc p. 556, paras 49-50) chartered 49. another three-judge bench of ..... the two, and then no difficulty arises. where there is a potential clash, the conventional english approach has been to give at least very great and often decisive weight to the 127 literal meaning of the enacting words. this is a tradition which i think is weakening, in face of the more purposive approach enjoined for the interpretation ..... of the words in enacting provisions to decide whether they are clear or ambiguous but the preamble in itself not being an enacting provision is not of the same weight as an aid to construction of a section of the act as are other relevant enacting words to be found elsewhere in the act. the utility of the .....
Tag this Judgment!Court : Delhi
..... to establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. xxi. regarding admissibility of evidence, loosened standards prevail in a conspiracy trial. contrary to the usual rule, in conspiracy prosecutions, any declaration by one conspirator, made in furtherance of a conspiracy and during its pendency, ..... stage of the trial, the truth, veracity and effect of the evidence which the prosecution proposes to adduce are not to be meticulously judged, and nor is any weight to be attached to the probable defence of the accused. thus, a mini trial is not to be conducted. it is not obligatory for the trial court at ..... initial stage of the trial the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged. nor is any weight to be attached to the probable defence of the accused. it is not obligatory for the judge at that stage of the trial to consider in any detail and .....
Tag this Judgment!Court : Delhi
..... to establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. xxi. regarding admissibility of evidence, loosened standards prevail in a conspiracy trial. contrary to the usual rule, in conspiracy prosecutions, any declaration by one conspirator, made in furtherance of a conspiracy and during its pendency, ..... stage of the trial, the truth, veracity and effect of the evidence which the prosecution proposes to adduce are not to be meticulously judged, and nor is any weight to be attached to the probable defence of the accused. thus, a mini trial is not to be conducted. it is not obligatory for the trial court at ..... initial stage of the trial the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged. nor is any weight to be attached to the probable defence of the accused. it is not obligatory for the judge at that stage of the trial to consider in any detail and .....
Tag this Judgment!Court : Delhi
..... to establish a charge of conspiracy knowledge about indulgence in either an illegal act or a legal act by illegal means is necessary. xxi. regarding admissibility of evidence, loosened standards prevail in a conspiracy trial. contrary to the usual rule, in conspiracy prosecutions, any declaration by one conspirator, made in furtherance of a conspiracy and during its pendency, ..... stage of the trial, the truth, veracity and effect of the evidence which the prosecution proposes to adduce are not to be meticulously judged, and nor is any weight to be attached to the probable defence of the accused. thus, a mini trial is not to be conducted. it is not obligatory for the trial court at ..... initial stage of the trial the truth, veracity and effect of the evidence which the prosecutor proposes to adduce are not to be meticulously judged. nor is any weight to be attached to the probable defence of the accused. it is not obligatory for the judge at that stage of the trial to consider in any detail and .....
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