Judgment Search Results Home > Cases Phrase: the punjab abolition of whipping act 1957 Page 1 of about 102 results (0.076 seconds)

Devender Pal Singh Bhullar Vs. State of N.C.T. of Delhi

Court : Supreme Court of India

..... it is difficult to rule out the validity of, or the strength behind, many of the arguments for abolition nor does, the commission treat lightly the argument based on the irrevocability of the sentence of death, the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values. ..... having regard, however, to the conditions in india, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, india cannot risk the experiment of abolition of capital punishment. 4. ..... this is evinced from the 35th report of the law commission, the relevant portions of which are extracted below: the issue of abolition or retention has to be decided on a balancing of the various arguments for and against retention. ..... as seen from the objects and reasons of the act 31 of 1985, terrorists had been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in punjab and chandigarh and then slowly they expanded their activities to other parts of the country i.e. ..... the campaign for the abolition of capital punishment led to the introduction of a bill in the lok sabha in 1956 but the same was rejected on 23.11.1956. .....

Devender Pal Singh Bhullar and anr Vs. State of Nct of Delhi

Court : Supreme Court of India

..... it is difficult to rule out the validity of, or the strength behind, many of the arguments for abolition not does, the commission treat lightly the argument based on the irrevocability of the sentence of death, the need for a modern approach, the severity of capital punishment and the strong feeling shown by certain sections of public opinion in stressing deeper questions of human values. ..... having regard, however, to the conditions in india, to the variety of the social upbringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to diversity of its population and to the paramount need for maintaining law and order in the country at the present juncture, india cannot risk the experiment of abolition of capital punishment. 4. ..... this is evinced from the 35th report of the law commission, the relevant portions of which are extracted below: the issue of abolition or retention has to be decided on a balancing of the various arguments for and against retention. ..... as seen from the objects and reasons of the act 31 of 1985, terrorists had been indulging in wanton killings, arson, looting of properties and other heinous crimes mostly in punjab and chandigarh and then slowly they expanded their activities to other parts of the country i.e. ..... the campaign for the abolition of capital punishment led to the introduction of a bill in the lok sabha in 1956 but the same was rejected on 23.11.1956. .....

Prakash Dhawal Khairnar (Patil) Vs. State of Maharashtra

Court : Supreme Court of India

Reported in : AIR2002SC340; 2002(1)ALD(Cri)245; 2002(1)ALT(Cri)173; 2002CriLJ928; 2002(1)Crimes18(SC); JT2001(Suppl2)SC243; 2001(8)SCALE482; (2002)2SCC35; 2002(1)LC137(SC)

..... taking the cue from the english legislation on abolition, we may suggest that life imprisonment which strictly means imprisonment for the whole of the man's life, but in practice amounts to incarceration for a period between 10 and 14 years may, at the option of the convicting court, be subject to the condition that the sentence of imprisonment shall last as long as life lasts where there are exceptional indications of murderous recidivism and the community cannot run the risk of the convict being at large. ..... from his confessional statement it is clear that after committing the five murders, when his father was removing all the evidence from the scene of offence, like wiping the gun with a handkerchief, putting the cartridge belt in the godrej cupboard, then going to the devghar and going to wc, he (sandip patil) had ample opportunity of running out of the house or making hue and cry or informing someone, but he did not do so. ..... 1000/- in default of payment of fine to further undergo imprisonment for six months; (3) for the offence punishable under section 25(1)(b)(a) read with section 3 of the arms act, read with section 120-b of ipc- -to ri for three years and to pay a fine of rs. ..... state of punjab : 1979crilj1058 :-'the sentences of death in the present appeal are liable to be reduced to life imprisonment. .....

Shree Bhagwan vs.state

Court : Delhi

..... the case pleaded by the prosecution, and accepted by the learned additional sessions judge (hereinafter referred to as asj ), may be recited thus: crl appeal 1395/2013 page 1 of 67 2.1 innocent and unaware of the predator lurking for her around the corner, the prosecutrix who, in view of the proscription imposed by state of punjab vs. ..... (viii) the assertion, by the appellant, that he was trying to save c , and had been falsely implicated by sonu, was demolished by the deposition of c herself, as she identified the appellant from amongst many persons, of similar profile, present in the court, and also went on to describe the various acts committed by the appellant, towards her violation. ..... by now it is well settled that the testimony of a victim in cases of sexual offences is vital and unless there are compelling reasons which necessitate looking for corroboration of a statement, the courts should find no difficulty to act on the testimony of the victim of a sexual assault alone to convict the accused. ..... having perpetrated the heinous act, the appellant threw the prosecutrix into the nehar, at which time sonu (pw-16) fortunately arrived at the spot. ..... facts in issue are defined, in section 3 of the evidence act, and, as meaning and including any fact from which, either by itself or in connection with other facts, the existence, non- existence, nature, or extent of any right, liability or disability, asserted, or denied in any suit or proceeding, necessarily follows. .....

Devidas Ramachandra Tuljapurkar Vs. State of Maharashtra and Ors.

Court : Supreme Court of India

..... , sequence or scene cannot depend upon the nature of the subject matter, but the question is one of the manner of handling of the subject-matter and sociological or ethical interest or message which the film conveys to the reasonable man, and that the approach of the court would be from the perspective of social pathological phenomenon with a critical doctor keeping the balance between the felt necessities of the time and social consciousness of a progressive society eliminating the evils and propagating for the cultural evolution literary taste and pursuit ..... must not be judged on the basis of what the artist (or author) purports to convey; what counts is the effect of the image on the observer; the fact that an image has been produced by an artist does not always make the end-result artistic; likewise an image does not become a satirical if the observer does not comprehend or detect any message in the work in question; that where the images depicted in the work product convey no message but only a disgusting combination of lewd acts and words whose only ..... today there is a movement afoot for the abolition of capital punishment and attempts are being made to convert prisons into hospitals as if they are persons suffering from a disease. 84. ..... state of punjab[89]. ..... (1957) 354 us476[11]. .....

Seethapathi Nageswara Rao and ors. Vs. the Govt. of Andhra Pradesh and ...

Court : Andhra Pradesh

Reported in : AIR1978AP121

..... state of punjab, : 1961crilj570a , the punjab trade employees act was questioned and its validity was upheld on the ground that the legislation is in effect the exercise of social control over the manner in which business should be carried on regulated in the interests of the health and welfare not merely of those employed in it but of all those engaged ..... it is merged; (v) every member of such merged society shall be deemed to be a member of the viable society and shall have all the rights, privileges and liabilities of the members of the viable society or of the potentially viable society, as the case may be, unless he withdraws his membership from the viable society for the potentially viable society in accordance with law; (vi) the committee of the viable society or the potentially viable society and the committee of the non-viable society merged therein shall stand dissolved, and thereupon ..... , the registrar shall nominate a committee or appoint a person or persons, wherever necessary to manage the affairs of the viable ..... of rajasthan, : [1957]1scr605 . .....

Dalbir Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Reported in : AIR1962SC1106a; 1979CriLJ1058; (1979)3SCC745; [1979]3SCR1059

..... taking the cue from the english legislation on abolition, we may suggest that life imprisonment which strictly means imprisonment for the whole of the man's life, but in practice amounts to incarceration for a period between 10 and 14 years may, at the option of the convicting court, be subject to the condition that the sentence of imprisonment shall last as long as life lasts where there are exceptional indications of murderous recidivism and the community cannot run the risk of the convict being at ..... murders in the punjab have been caused by social bungling regarding turns of water which tragically convert the passion for production of the farmer into passion for removal of the obstructor by murder ..... timely vigilance of policing agencies to nip in the bud burgeoning confrontations and prompt and potent enforcement of the arms act the failure to do which makes weapons freely available also account for escalating violence, the social autospsy of murders is more significant than the medical post-mortem of cadavers or the forensic close-up of crime after it has ..... shanti parva of the mahabharata, prince satyavana; in the discussion on the capital penalty says:destruction of the individual by the king can never be a virtuous act. ..... counting the casualties is not the main criterion for sentencing to death; nor recklessness in the act of ..... the dastardly act of the appellants resulted in the loss of three ..... economic offender, may be jeopardizing societal existence by his act of murder. .....

Ahmad Hafiz Khan Vs. Mohammad Hasan Khan

Court : Supreme Court of India

Reported in : AIR1967SC354; 1963MhLJ628(SC); [1964]2SCR191

..... , where it was held that after the abolition act an attachment of the proprietary share in the village including the sir and khudkasht lands appurtenant thereto made before the abolition act got transferred to the home-farm after the appointed date. ..... section 43 of the abolition act provides as follows :- 'any land which immediately before the date of vesting, was held in absolute occupancy or occupancy right or recorded as sir-lands, shall not be liable to attachment or sale in execution of a decree or order for the recovery of any debt incurred before the date of vesting except where such debt was validly secured by mortgage of or a charge on the absolute occupancy or occupancy land or the cultivating right in the sir-land.' 6. ..... ' thus by the operation of the abolition act, the proprietor ceases to be the proprietor of the estate or village including the sir lands appurtenant to the proprietorship. ..... on the passing of the proprietary interest to the state what remains to the proprietor is his cultivating rights in the sir fields and the abolition act provides in s. ..... in view of the provisions of the abolition act the proprietary rights in the village vested in the state. ..... the abolition act having deprived the proprietors of their proprietary interest gives some protection to them in respect of their new rights in the home-farm which has become the malik makbuza of the proprietor. .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... singhs case (supra) the question was whether certain jagirs in the state of punjab known as cis sutlej jagirs were liable to be resumed under the provisions of the punjab resumption of jagirs act, 1957. ..... it is permissible for expansion of the rights of tenants or the lands available for cultivation by tenants under this entry by limiting the extent of lands in the possession of land owners or to do away with intermediaries or to provide for the cancellation of lease made not in the normal course of management but in anticipation of legislation for the abolition of intermediaries [see raghubir singh vs ..... uttarakhand reported in (2011) 8 scc 708, the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 list iii (para 38).in the case of jilubhai nanbhani khachar vs. ..... similarly, in rajiv sarins case (supra) the supreme court held that kumaun and uttarakhand zamindari abolition and land reforms act 1960 (kuzalr act) relates to entry 18 list ii read with entry 42 ..... in the case of jilubhai (supra) the supreme court also held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of list ..... 1 scc 596 the supreme court held that the bombay land revenue code and land tenure abolition laws (gujarat amendment) act 8 of 1982 fell within entries 18 and 23 of list ii read with entry 42 of .....

Ramvilas Bajaj Vs. Ashok Kumar and anr.

Court : Andhra Pradesh

Reported in : 2007(4)ALD137; 2007(4)ALT348; AIR2007NOC2064(FB)(AP)

..... the court in that case which was dealing with the provisions of usurious loans act 1918 as amended by section 5 of the punjab relief of indebtedness act which was extended to delhi on 8-6-1956 held that section 6 of the said amendment act expressly made the provisions of the act applicable to all suits pending on or instituted after the commencement of that act and that appeals being continuation of the suits, the amendment was equally applicable to the appeals.24. ..... it is apt to extract the relevant portion of the judgment herein below:the question is whether a different intention appears in either the abolition act or the amending act xvi of 1953, for otherwise the old proceeding could continue before the munsif. ..... subbaiah : [1957]1scr488 , the supreme court held that the golden rule of construction is that in the absence of anything in the enactment to show that it is to have retrospective operation it cannot be so construed as to have the effect of altering the law applicable to a claim in litigation at the time when the act was passed. ..... section 32(b) of the act, which exempted buildings constructed on or after 26-8-1957, was held unconstitutional as being violative of article 14 of the constitution of india by the supreme court in motor general traders v. ..... to any building constructed on or after the 26th april, 1957.21. .....