Judgment Search Results Home > Cases Phrase: the punjab abolition of whipping act 1957 Sorted by: old Court: uk supreme court Page 1 of about 43 results (0.190 seconds)

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. .....

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. .....

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. .....

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. .....

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]. .....

Sarwan Singh Rattan Singh Vs. State of Punjab

Court : Supreme Court of India

..... to make is in fact and in substance voluntary.incidentally, we may invite the attention of the high court of punjab to the fact that the circulars issued by the high court of punjab in the matter of the procedure to be followed and questions to be put to the acused by magistrates recording confessions under section 164 may be revised and suitable amendments and additions made in the said circulars in the light of similar circulars issued by the high courts of uttar pradcsh bombay and madras.the whole object of putting questions to an accused person who offers to confess ..... is to obtain an assurance of the fact that the confession is not caused by any inducement, threat or promise having reference to the charge agalnct the accused person as mentioned in section 24 of the indian evidence act.there can be no doubt that, when an accused person is produced before the magistrate by the investigating officer, it is utmost importance that the mind of the accused person should be completely freed from any possible influence of the police and the effective way of returing such freedom from fear .....

Miranda Vs. Arizona

Court : US Supreme Court

..... [ footnote 3/6 ] among the examples given in 8 wigmore, evidence 2266, at 401 (mcnaughton rev.1961), are these: the privilege applies to any witness, civil or criminal, but the confession rule protects only criminal defendants; the privilege deals only with compulsion, while the confession rule may exclude statements obtained by trick or promise, and where the privilege has been nullified -- as by the english bankruptcy act -- the confession rule may still operate. ..... 446 in a series of cases decided by this court long after these studies, the police resorted to physical brutality -- beating, hanging, whipping -- and to sustained and protracted questioning incommunicado in order to extort confessions. ..... 443 questions put to him may assume an inquisitorial character, the temptation to press the witness unduly, to browbeat him if he be timid or reluctant, to push him into a corner, and to entrap him into fatal contradictions, which is so painfully evident in many of the earlier state trials, notably in those of sir nicholas throckmorton and udal, the puritan minister, made the system so odious as to give rise to a demand for its total abolition. ..... 449 (1957), we have had little occasion in the past quarter century to reach the constitutional issues in dealing with federal interrogations. ..... state of punjab, 44 all india rep. .....

i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... the petitioners are affected either by the punjab security of land tenures act, 1954 (act x of 1953) or by the mysore land reforms act (act 10 of 1962) as amended by act 14 of 1965 which were added to the 9th schedule of the constitution by the impugned act and their contention is that the impugned act being unconstitutional and invalid, the validity of the two acts by which they are affected cannot be saved. ..... the act of settlement (1701), the act of union with scotland (1707), the act of union with ireland (1800), the parliament act (1911), the representation of the peoples acts of 1832, 1867, 1884, 1918, 1928 and 1948, the ballot act (1872), the judicature acts 1873, 1875 and 1925, the incitement to disaffection act (1934), his majesty's declaration of abdication act (1936), the regency act (1937) and the various acts setting up different ministries are examples of what will pass for constitutional law under our system (the list is taken from k. c. ..... 395 which provided that 'the indian independence act, 1947, and the government of india act, 1935, together with all enactments amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, are hereby repealed'. ..... 27), sir ivor jennings (parliament [1957] pp. .....

Shri Shiv Kirpal Singh Vs. Shri V.V. Giri

Court : Supreme Court of India

Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197

..... the result of the election had been materially affected by the commission of the offence of bribery by persons other than the respondent;(8) that part iii and section 21 of the act are ultra-vires the constitution as well as rules 4 and 6(3)(e) of the presidential and vice-presidential elections rules, 1952 (hereinafter referred to as 'the rules') promulgated under section 21 of the act are ultra vires the constitution and the act;(9) that the elected members of the legislative assemblies of the union territories were entitled to be included in the electoral college for the election of the ..... which would constitute undue influence, was further clarified when dealing with the letters issued by the chief whip of the congress party requesting members not to cast their second preference vote, by stating :-such a request or advice does not, in our opinion, interfere with the free exercise of their electoral right, for the electors still would be free to do what they desired in spite of the advice.the court, thus, envisaged that undue influence is exercised when an ..... the secretary to the government of india, ministry of industrial development, and the under secretary to the government of india, ministry of petroleum and chemicals, were also produced as witnesses and they proved the fact that the licence for the polyester fibre factory was granted in favour of swadeshi cotton mills in preference to the public sector company, the industrial development corporation owned by the punjab ..... [1957] .....