Court : Supreme Court of India
Reported in : JT2003(8)SC587; (2004)1SCC74; 2004(1)LC473(SC)
..... rule 15(5) of the terrorist and disruptive activities (prevention) rules, 1987 (for short, tada rules) requires that every confession recorded under section 15 of the tada act shall be sent forthwith to the chief metropolitan magistrate or the chief judicial magistrate having jurisdiction over the area in which such confession has been recorded and such magistrate shall forward the recorded confession so received to the designated court which may take cognizance of the offence. ..... gonsalves on behalf of the appellants that the non-mention or non-identification of the accused by the other eye witnesses throws a doubt on the case of the prosecution in general and on the testimony of pw-31 and pw-32 in particular, on the facts of the case as we would presently notice it makes hardly any difference.24. ..... this factor becomes, on the facts and circumstances of the case, very important since immediately after the arrest, the accused was produced and the person actively associated with the recording of statement was none other than the investigating officer who by nature of things is interested in the success of the prosecution case. ..... according to the case of the prosecution, this accused was found on 25th march, 1994 in a farm land at sulwadi village in possession of country made gun, gun powder and pellets. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4650; JT2003(8)SC1; 2003(8)SCALE775; (2004)1SCC225
..... in summing up the law the constitution bench said:'the position with regard to the control of alcohol industry has undergone material and significant change alter the amendment of 1s56 to the idr act after the amendment, the state is left with only the following powers to legislate in respect of alcohol:(a) it may pass any legislation in the nature of prohibition of potable liquor referable to entry 6 of list ii and regulating powers.b) it may lay down regulations to ensure that non-potable alcohol is not diverted and misused as a substitute ..... , vam organics i also had held that the state was competent to regulate industrial alcohol so that it was not converted into potable liquor, the high court also found that the state was competent to levy a fee for the purpose. ..... where the levy itself has been held to be invalid, the state-appellant to realize the amount recovered by the bank guarantees (see: somalya organics v ..... having regard to the decision in vam organics i, we must also assume that apart from the normal strength, additional officers and staff were appointed to regulate the denaturation of the industrial alcohol. ..... the subject matter of challenge in vam organic-i was the notification amending rule 2 of the rules by which licence fee @ 7 paise per litre was sought to be imposed ..... the entire production of industrial alcohol at the respondents' distillery as well as industrial alcohol from outside sources is used at its chemical plant for producing the organic chemicals mentioned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC321; [2003]117CompCas585(SC); (2004)1CompLJ106(SC); [2004]265ITR435(SC); JT2003(8)SC193; 2003(9)SCALE147; (2004)1SCC149
..... renuka datla under section 399(4) of the companies act before the central government. ..... not quoted on the stock exchange or the shares are in a private limited company the proper method of valuation to be adopted would be the profit-earning method, this method may be applied by taking the dividends as reflecting the profit-earning capacity of the company on reasonable commercial basis but if it is found that the dividends do not correctly reflect the profit-earning capacity because only a small proportion of the profits is distributed by way of dividends and a large amount of profits is systematically accumulated in the form of reserves, the dividend method of valuation ..... may be rejected and the valuation may be made by reference to the profits .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
..... consideration matters of common knowledge, matters of common report, the history of the times and may assume every state of facts which can be conceived existing at the time of legislation; and(f) that while good faith and knowledge of the existing conditions on the part of a legislature are to he presumed, if there is nothing on the face of the law or the surrounding circumstances brought to the notice of the court on which the classification may reasonably be regarded as based, the presumption of constitutionally cannot be carried to the extent of always holding that there must be some ..... shifting of the entry from the state list to the concurrent list is not, thus, relevant inasmuch the state in absence of any parliamentary act has the legislative competence to enact a statute laying down reservation for entry in any course of studies including the medical courses.66. ..... it was enough for them to realise or to hope that they had created an organism, it has taken a century and has cost their successors must sweat and blood to prove that they created a nation. ..... being a living organ, it is ongoing and with the passage of time, law must change. ..... our constitution is organic in nature. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC218; JT2003(8)SC413; (2004)1SCC256; [2003]134STC610(SC)
..... 316 (e) - in exercise of the powers conferred by section 5 of the essential commodities act, 1955 (x of 1955) the central government hereby directs that the powers conferred on it by sub-section (1) of section 3 of the said act to make orders to provide for the matters specified in clauses (a), (b), (c), (d), (e), (f), (h), (i), (ii) and (j) of sub-section (2) thereof shall, in relation to foodstuffs be exercisable also by a state government subject to the conditions - (1) that such powers shall be exercised by a state government subject to such directions, if any, as may be issued by the central government in this behalf; (2) that before making an order ..... (d) 'foreign matter' means any extraneous matter other than food grain and shall comprise organic or inorganic matter; (e) 'inorganic matter' includes gravel, dirt, pebble, stone jum of earth, clay or mud; (f) 'organic matter' includes chaff, straw, weed, seed, inedible grain or oilseed; (g) 'scheduled articles' means, an article specified in schedule-i, to this order. ..... it is stated - ' 'food' is a nutritive material absorbed or taken into the body of an organism for purposes of growth or repair and for the maintenance of the vital processes, and, while the words 'food' and 'drink' are, in common usage and understanding, complementary and associate terms, they are far from synonymous, and import a plain and fundamental distinction. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)149; 2004(1)BLJR110; (2004)12SCC322; 2004(1)SLJ155(SC)
..... 5056-fr-11/57 dated 23.7.1957 on the subject noted above, which contains the details regarding the revision of the pay scales of various categories of subordinate services (including teachers) done on the recommendations made by the pay revisions committee, than appointed to examine this matter ..... in the present revision of pay scale of government employees teaching personnel of the educational department (hereinafter called the 'policy of the government', in unequivocal terms the government have expressed their intention to retract from the earlier principle that teachers acquiring the b.--. ..... as a result of the reconsideration, the governor of haryana is pleased to clarify that the teachers of the education department are not entitled to be placed in the higher scales of pay in terms of para 2 of the punjab government letter no ..... pass candidate with the qualifications of matric jbt also applied for the post matric jbt and is taken into service on the basis of higher qualification, he/she cannot claim the grade of master /mistress, but will get the sanctioned scale of pay of teacher meant for matric jbt ..... subsequently, on 5th september, 1979, state of haryana issued an order which provided for the grant of higher pay scale on acquisition of higher qualification which was superceded by government order dated 9th march, 1990 which runs as follows ..... it is, therefore, not a case where the petitioners had acquired a qualification prior to 9th march, 1990 while acting as teachers of masters. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC210; 2004(1)BLJR254; 2004CriLJ395; JT2003(9)SC1; (2003)12SCC516
..... state of kerala : 1974crilj1310 , the following pertinent observations were made :'nevertheless, in deciding whether the case merits the less severe of the two penalties prescribed for murder a history of relations between the parties concerned, the background, the context, or the factual setting of the crime, and the strength and nature of the motives operating on the mind of the offender, are relevant considerations. ..... nor can it be said that 'the nature of the crime and the circumstances of the offender reveal that the criminal is a menace to the society'* or that the 'collective conscience of the community would be shocked' if the death sentence is not inflicted in the instant case. ..... the nature of the crime, the circumstances of the criminal and the impact of the crime on the community are broadly the considerations that ought to be kept in view by a court called upon to choose between the death sentence and the life imprisonment. ..... it is not appropriate to convict the appellant under section 27(3) in which the extreme punishment of death is provided for, hence the conviction of the appellant under section 27 of the arms act, 1959 is hereby set aside.22. ..... the doctor opined that the damage to vital organs, namely, brain, heart and lungs caused by firearm led to his death. ..... he stated that the death occurred on account of damage to vital organs, namely, brain, neck, spinal chord and right lung.7. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC50; (2004)ILLJ217SC; 2003(9)SCALE520; (2003)12SCC68; 2004(86)SLJ107(SC); (2004)1UPLBEC921
..... on the charge of arbitrariness and unreasonableness of the impugned provisions of the act and the scheme is on the ground that the pension scheme introduced is not profitable to the employees and subscribers and there is no proper equitable return to the subscriptions or contributions made to their account inasmuch as the return which employees received by way of interest on the contribution to the statutory provident fund was much higher than the return which the employees may receive under the impugned pension scheme. ..... the high court also observed that the dismissal of the writ petitions shall not stand in the way of the managements concerned approaching the competent authorities for according exemption from the scheme by satisfying such authorities with particulars relating to their own scheme and substantiating that such benefits on the whole, are not less favourable to the employees than the benefit provided under the act or the family pension schema relating to employees in any other similar establishment.33. ..... they adverted to the provisions contained in section 6a of the act, which indicate clearly the objectives and policy of the legislation and the broad basis and outlines as also the core and frame of the pension scheme delineated in section 6a of the act itself and schedule iii to the act and, therefore, that contention deserves to be rejected. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(1)ALD(Cri)629; 2004CriLJ646; JT2003(9)SC513; 2004(1)KLT201(SC); 2003(9)SCALE627; (2004)12SCC414
..... in evidence are those which are due to normal errors of observation, normal errors of memory due to lapse of time, due to mental disposition such as shock and horror at the time of occurrence and those are always there however honest and truthful a witness may be material discrepancies are those, which are not normal, and not expected of a normal person. ..... lalji's case (supra) where it was observed that 'while overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in the unlawful assembly may fasten vicariously criminal liability under section 149'. 19. ..... in the human mind, and it being merely a mental attitude, ho direct evidence can be available and, like intention, has generally to be gathered from the act which the person commits, and the result therefrom ..... the 'common object' of an assembly is to be ascertained from the acts and language of the members composing it, and from a consideration of all the ..... the only thing required is that he should have understood that the assembly was unlawful and was likely to commit any of the acts which fall within the ..... observed that it is not necessary for the prosecution to prove which of the members of the unlawful assembly did which or what act. ..... rightly applied as all the accused persons carried weapons and their presence and acts done have been established. ..... enough if each has the same object in view and their number is five or more and that they act as an assembly to achieve .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
..... state of maharashtra reported in : [1984]2scr440 held that the subject 'lotteries organized by the government of india or the government of state' is carved out the subject 'betting and gambling' in entry 34 list ii to the 7th schedule to the constitution of india and placed in entry 40 list 1 to the 7th schedule of the constitution of india and as such parliament alone can make law in respect of lotteries covered by entry. 40 ..... :'for a hundred years it has been accepted constitutional doctrine that the commerce clause, without the aid of congressional legislation, thus affords some protection from state legislation inimical to the national commerce, and that in such cases, where congress has not acted, this court, and not the state legislature, is under the commerce clause the final arbiter of the competing demands of state and national interests'.it is further stated:'the commerce clause is a grant of authority to congress, and not a ..... such a legislation was found to be within the purview of entry 8, list ii of the seventh schedule of the constitution of india stating:'under entry 8 list ii in the seventh schedule to the constitution of india and thereby under sections 49 and 143(2)(v) of the prohibition act, the state has the exclusive right/ privilege in respect of potable liquor and the state, in our opinion, can charge any reasonable expenses or even consideration for permitting such activity by grant of licence and that the respondents ought to comply with all reasonable .....
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