Court : Supreme Court of India
Reported in : AIR1979SC916; 1979CriLJ792; (1979)3SCC646; [1979]3SCR78
..... in britain, following the report of the royal commission on capital punishment, the homicide act, 1957 was enacted due to the growing pressure of public opinion to mitigate the rigour of the criminal law. ..... of fatal wounds, some the nature of the weapons used, others count the corpses or the degree of horror and yet others look into the age or sex of the offender and even the lapse of time between the trial court's award of death sentence and the final disposal of the appeal with some judges, motives, provocations, primary or constructive guilt, mental disturbance and old feuds, the savagery of the murderous moment or the plan which has preceded the killing, the social milieu, the sublimated class complex and ..... 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 the diversity of its population and to the paramount need for main taining, law and order in the country at the present juncture india cannot risk the experiment of abolition of capital punishment. ..... state of punjab, air 1975 sc 573 (january 10, 1975: case 52) and, with respect, the challenge there seems clearly misconceived. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... in mind.it is difficult to rule out the validity of, of 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 up-bringing of its inhabitants, to the disparity in the level of morality and education in the country, to the vastness of its area, to diversity ..... neither death penalty nor life sentence was the rule under the law as it stood after the abolition of sub-section (5) of the section 367 by the amending act 26 of 1955 and the court was left "equally free to award either sentence". ..... . state of punjab (supra) he emphatically rejected the claim of deterrence in most unequivocal terms: "...the humanity of our constitution historically viewed (does not) subscribe to the hysterical assumption or facile illusion that a crime free society will dawn if hangmen and firing squads were kept feverishly busy ..... chamarbaugwala [1957] scr 874 the learned judge again emphasized :some courts have gone to the extent of holding that there is a presumption in favour of constitutionality, and a law will not be declared unconstitutional unless the case is so clear as to be free from doubt.these observations of krishna iyer, j ..... [1957] s.c.r .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; [1983]1SCR145a
..... neither death penalty nor life sentence was the rule under the law as it stood after the abolition of sub-section (5) of the section 367 by the amending act 26 of 1955 and the court was left 'equally free to award either sentence'. ..... : [1957]1scr874 in that case the constitutional validity of certain provisions of the bombay lotteries and prize competition control act, 1952, as amended by bombay act no. ..... . state of punjab (supra) he emphatically rejected the claim of deterrence in most unequivocal terms: '...the humanity of our constitution historically viewed (does not) subscribe to the hysterical assumption or facile illusion that a crime free society will dawn if hangmen and firing squads were kept feverishly busy ..... chamarbaugwala : [1957]1scr874 the learned judge again emphasized :some courts have gone to the extent of holding that there is a presumption in favour of constitutionality, and a law will not be declared unconstitutional unless the case is so clear as to be free from doubt.these observations of krishna iyer, j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
..... after an exhaustive review of authorities on the point, a constitution bench of this court stated:the true position, therefore, is that any act of the repository of power, whether legislative or administrative or quasi-judicial, is open to challenge if it is in conflict with the constitution or the governing act or the general principles of the law of the land or it is so arbitrary or unreasonable that no fair minded authority could ever have made it. p. ..... can it be said that the propagation and practice on the caste- based discrimination; the marked dividing line between upper caste hindus and shudras, and the practice of untouchability inspite of the constitutional declaration of abolition of untouchability under article 17 are completely eradicated and erased? ..... in passing, it may be stated that this court while reversing the judgment of the punjab and haryana high court in favour of the appellant (state) in state of punjab v. ..... municipal corporation, ahm 1957 bom. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686
..... this, in itself again, may provide a clue to the proper understanding and construction of the expression 'any direction' in clause (b) of paragraph 2(1) -- whether really all directions or whips from the party entail the statutory consequences or whether having regard to the extra-ordinary nature and sweep of the power and the very serious consequences that flow including the extreme penalty of disqualification the expression should be given a meaning confining its operation to the contexts indicated by the objects and purposes of the tenth schedule. ..... at the hearing the questions that fall for consideration are the following:(a) the constitution (fifty-second amendment) act, 1985, in so far as it seeks to introduce the tenth schedule is destructive of the basic structure of the constitution as it is violative of the fundamental principles of parliamentary democracy, a basic feature of the indian constitutionalism and is destructive of the freedom of speech, right to dissent and freedom of conscience as the provisions of the tenth schedule seek to penalize and disqualify elected representatives for the exercise of these rights and freedoms which are essential to the sustenance of the system .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
..... such difficulties and to improve their condition and as to the grants that should be made for the purpose by the union or any state and the conditions subject to which such grants should be made, and the order appointing such commission shall define the procedure to be followed by the commission.a bare reading of the article indicates that the avowed objective of this provision is to empower the president to appoint a commission to ascertain the difficulties and the problems of the socially and educationally backward classes and to make ..... could very well go to the federal court and the supreme court and say that the reservation is of such a magnitude that the rule regarding equality of opportunity has been destroyed and the court will then come to the conclusion whether the local government or the state government has acted in a reasonable and prudent manner.since this court has consistently held that the reservation under articles 15(4) and 16(4) should not exceed 50% and the states and the union have by and ..... . can it be said that the propagation and practice on the caste - based discrimination; the marked dividing line between upper caste hindus and shudras, and the practice of untouchability in spite of the constitutional declaration of abolition of untouchability under article 17 are completely ..... , it may be stated that this court while reversing the judgment of the punjab and haryana high court in favour of the appellant state of punjab v ..... , ahmedabad [1957] bom .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
..... of any land, granted or recognised under any contract, grant or law for the time being in force or decree of a court, shall vest 'in and with all rights over the same or appurtenant thereto be the property of the state government and the state government shall, subject to the provisions of the mines and minerals (regulation and development) act, 1957 have all powers necessary for the proper enjoyment and disposal of such rights.sub-section 4 says that :any occupant, whose rights to mines ..... this anachronistic land tenure system was done away with by progressive different land tenures conferring permanent ryotwari settlements on the tiller of the soil through 'the saurashtra gharkhed tenancy settlement and agricultural lands ordinance, 1949 which later became the act, the saurashtra land reforms act, 1951; the saurashtra barkhali abolition act, 1951 and the saurashtra estates acquisition act, 1952 (for short 'the act'). ..... state of punjab [1967] scr 177 and reiterated in his 'right to property and the indian constitution', the right to property is an acquired right and it is the weakest right fit to be placed along with commerce clauses. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC1711; JT1997(1)SC546; (1997)2SCC745; [1997]1SCR138
..... in hardwarilal's case (supra), a full bench of the punjab and haryana high court was to consider whether the governor in his capacity as the chancellor of maharshi dayanand was to act under maharshi dayanand university act, 1975 (haryana act no. ..... therefore, by exercising the power under the act, it is impermissible for the state to deal with the properties vested in the board in terms of the act; the act does not permit the state to deal with the said properties as if they are the properties of the state acquired directly or indirectly through the medium of the board. ..... : [1996]3scr543 section 144 of the andhra pradesh charitable and hindu religious institutions and endowments act, 1987 abolished the right of the appellants to receive offerings with the abolition of the hereditary right of archaka service. ..... this is subject to article 370 and the constitution (application to jammu & kashmir) order, 1950 repealed and revised by the constitution (application to jammu & kashmir) order, 1954 and the constitution of jammu & kashmir, 1957 (part v). ..... the constitution of jammu and kashmir, 1957 contains detailed provisions in this behalf and the executive powers given under sections 21 to 45 are not inconsistent therewith. .....
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