Judgment Search Results Home > Cases Phrase: the punjab abolition of whipping act 1957 Court: us supreme court Page 1 of about 43 results (0.106 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. .....

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]. .....

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. .....

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... ordevelopment plan formulated by any other authority ceases to apply to sucharea.it was contended on behalf of the writ petitioners-appellants that whethera major or a minor mineral, by virtue of the provisions contained in themmdr act, 1957 and u.p, mine & minerals concession rules 1963, framed inexercise of the power conferred by section 15 of the mmdr act, the mineralrights in any land are subject to payment of royalty which is fixed.sections 8 and 9 of the mmdr act confer the power to enhance or reduce therate at which royalty, or dead rent shall be payable in respect ..... . in that case, taxing statute has beenupheld having been imposed by way of regulatory measure stating : "the high court of punjab proceeded to decide the case on a total wrong assumption that the import fee levied is in the nature of duty which cannot be imposed under the excise act, 1984 when, in fact, the import fee levied is the price for parting with the privilege given to the licensee to import beer into the state and, therefore, the same is within the competence of the state to impose import fee ..... . [2002 (1) alt 159] is another instance where a question arose asregard sand deposited on the land of the pattadars and claimed by them interms of the provisions of andhra pradesh estates (abolition and conversioninto ryotwari) act, 1948 .....

R.K. Deo Vs. Commissioner of Wealth-tax, Orissa

Court : Supreme Court of India

Reported in : AIR1994SC600; [1992]196ITR128(SC); JT1992(4)SC430; 1992(1)SCALE1131; 1992Supp(3)SCC124

..... incurred in relation to, any property in respect of which wealth-tax is not chargeable under this act; and (iii) the amount of the tax, penalty or interest payable in consequence of any order passed under or in pursuance of this act or any law relating to taxation of income or profits, or the estate duty act, 1953 (34 of 1953), the expenditure-tax act, 1957 (29 of 1957), or the gift-tax act, 1958 (18 of 1958), - (a) which is outstanding on the valuation dale and is claimed by the assessee in appeal, revision or other proceeding as not being payable by him, or (b) which, although not ..... claimed by the assessee as not being payable by him, is nevertheless outstanding for a period of more than twelve months on the ..... according to the statement of case the appellant, erstwhile raja of jeypore, owner of extensive forests, prior to abolition of estate in 1953, was assessed to income tax, on forest income, for assessment years 1942-43 to 1946-47 to an aggregate of rs. .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... the above decision, in our view, cannot be availed of for striking down section 15 of tada act because the classification of 'offenders' and ,offences' to be tried by the designated court under the tada act or by the special courts under the act of 1984, are not left to the arbitrary and uncontrolled discretion of the central government but the act itself has made a delineated classification of the offenders as terrorists and disruptionists in the tada act and the terrorists under the special courts act, 1984 as well as the classification of offences under both the acts.244. ..... after drawing our attention to some of the laws enacted by various states with respect to maintenance of public order, such as-(1) assam disturbed areas act (19 of 1955); (2) the punjab security of state act, 1949; (3) the bihar maintenance of public order act, 1949;(4) the west bengal (prevention of violent activities) act, 1970;(5) the u.p. ..... 927) which decisions87 1950 scr 519 air 1950 sc 211 1951 cri lj 550 88 1952 scr 435 air 1952 sc 123 1952 cri lj 805 89 1954 scr 30: air 1953 sc 404: 1953 cri lj 1621 90 1957 scr 874: air 1957 sc 699674have held that stringency and harshness of provisions are not for courts to determine; (5) pannalal binjraj v. ..... state of punjab1o9 supplements the argument that abolition of the right of anticipatory bail amounts to deprivation of personal liberty as enshrined in article 21 of the constitution.326. .....

Union of India Vs. Elphinstone Spinning and Weaving Co. Ltd. and ors. ...

Court : Supreme Court of India

Reported in : AIR2001SC724; JT2001(1)SC536; 2001(1)SCALE157; (2001)4SCC139; [2001]1SCR221; 2001(1)LC496(SC)

..... in coal bearing areas (acquisition and development) act 1957 the court was construing a notification issued under section 4(1) of the said act and as in the present case the preamble of that act was to the effect 'an act to establish in the economic interest of india greater public control over the coal mining industry and its development by providing for the acquisition by the state of unworked land containing or likely to contain coal deposits or of right in or over such land, for the extinguishment or modification of such rights accruing by virtue of any agreement, lease license ..... this being the position, and the textile undertakings taking over of the management act, 1983, being an act providing for taking over in the public interest of the management of textile undertakings of the companies specified in the first schedule pending nationalisation of such undertakings and for matters connected therewith or incidental thereto as is apparent from the long title, use of the expression 'mis-management' of the affairs in the preamble will not control the purpose of the act, namely, the public interest and the parliament having decided to take over the management of the textile mills ..... article 31a was introduced by the constitution (first amendment)act, 1951 to validate the acquisition of zamindari and the abolition of permanent settlement without interference from courts. .....