Court : Supreme Court of India
Decided on : May-17-1974
Reported in : AIR1974SC2281; 1974CriLJ1310; (1975)3SCC825; 1SCR485
..... to provoke him. discloses nothing short of a fiendish callousness and cruelty. if death sentence, a legally prescribed punishment still considered necessary to deter potential murders from violating the basic law of civilised human existence--'thou shall not kill'--is deserved by an offender, we think that bhagwanta, appellant, is such an offender.13. the result is: we allow the appeal ..... appellant on one pretext or another to accompany him on a journey and did not return after that. three other alleged victims, who similarly disappeared were: mainaji, the father-in-law of the appellant; and bhim, the appellant's own brother; and, thakubai, the daughter of sakharam. the appellant was not tried for the murder of the last mentioned three persons ..... not a guarantee against the disturbance of mind which could be produced by the kind of attacks which had previously taken place on his elder brother and his brother-in-law. although, the previous incidents could not constitute sufficient provocation to reduce the crime of murder to one of culpable homicide not amounting to murder, yet, we think that the context ..... to francis during or immediately preceding the incident so as to enable the appellant to plead the first exception to section 300 indian penal code. the provocation contemplated by the law must be grave as well as sudden so as to deprive the individual of the power of self control before the first exception to section 300 could apply. nevertheless, in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-03-1974
Reported in : AIR1975SC182; 1975CriLJ246; 1983(13)ELT1603(SC); (1975)3SCC385; 2SCR907; 1975(7)LC75(SC)
..... the gold must have been recently imported into the country, or, at any rate, after the law passed in 1948 restricting its entry. the appellant admitted, in his statement under section 108 of the act. that h transporting of these pieces of gold was an offence. if ..... gold from bombay, a port of entry for smuggled goods, to delhi, where there is a good market for gold. if it was not recently smuggled gold carried contrary to law there was no need for the clandestine and guilty manner of transporting it. we think that, in the circumstances of the case, an inference could very well be made that ..... to be imported or are brought within the indian customs waters for the purpose of being imported, contrary to any prohibition imposed by or under this act or any other law for the time being in force'.5. it was urged that, as restrictions on the import of gold were only imposed in 1948, there should have been some evidence to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-01-1974
Reported in : AIR1974SC1380; (1974)2SCC453; 1SCR394
..... parties...would replace the judgment of the lower court, thus constituting the judgment of the high court the only final judgment to be executed in accordance with law by the court below.' (pp. 133-134). das j. agreed with the conclusion of the majority as regards the right of the accused to challenge ..... on the merits of the matter that though the appellate order of the appellate assistant commissioner was the only order which was valid and enforceable in law, what merged in the appellate order was the income-tax officer's order under appeal and not his order of registration which was not and could ..... an application for a final decree must be made runs from the date of the decree of the appellate court, quoted with approval the statement of law contained in the judgment of a learned judge of the allahabad high court to the following effect : 'when an appeal has been preferred, it is ..... remain stayed until the application is disposed of'. this provision emphasis what is clear from the other provisions of the section that the concern of the law is to arm the court with the power to set aside the operative decree by executing which alone the judgment-creditor could obtain real and effective ..... subject-matter. therefore the judgment of an inferior court, if subjected to an examination by the superior court, ceases to have existence in the eye of law and is treated as being superseded by the judgment of the superior court. in other words, the judgment of the inferior court loses its identity by .....Tag this Judgment!
Court : Kerala
Decided on : Jul-23-1974
Reported in : 1975CriLJ479
..... food adulteration and providing specific punishment, and section 108 of the indian penal code dealing with abetment read along with section 40 of that code applies to offences under special laws also.47. from manufacture up-till consumption there is a thread binding the entire transaction for every article of food. warranty problems connected with it are consumer problems regarding ..... recognised that the fundamental principle of interpretation of any enactment is that all the provisions therein have to be harmoniously construed so as to achieve the object for which the law is enacted. a full bench of this court in kungu govindan v. parakkat kuzhileksmi amma 0065/1966 : air1966ker244 following a decision of the supreme court in regional ip. f. ..... anti-national conduct in frauduently selling adulterated articles seems to tend to breed mistrust amongst the citizens and to that extent it adversely affects democracy governed by the rule of law, that it tends to demoralize the nation and grievously obstructs her moral and economic progress and that the administrative and judicial wings of the state have a duty not ..... that he should have, after impleading the additional accused, commenced a fresh proceeding against all the accused and that the acquittal of the manufacturers, who issued warranties, is contrary to law and has to be interfered with.8. the prevention of food adulteration act is a special act enacted with the intention of eradicating the evil of manufacture, distribution and sale .....Tag this Judgment!
Court : Gujarat
Decided on : Feb-18-1974
Reported in : AIR1975Guj109
..... be worthwhile to refer to the case of ehimaji vasudev v. yeshvant changagouda, air 1929 bom 388 wherein it was observed as under:'to constitute an actionable obstruc tion of ancient light entitling a person to obtain mandatory injunction substantial privation rendering the occupation dis comfortable and not merely sensible obstruction is necessary,'in the case of p. c. e. paul ..... served by awarding suitable compensation to the plaintiff instead of granting mandatory injunction. as both these as pects were not considered by the courts below there is patent error of law and the decrees passed by them could not be sustained so far as it relates to the mandatory injunction directing the defendant to remove the wall at the portion marked ..... appellant conceded that he could not agitate in this court against the findings of fact recorded by the lower courts. however, he urged that both the courts had erred in law in granting a mandatory injunction merely on a finding that the plaintiff had acquired a right of easement to get light and air through the window marked 'r' in their ..... . kine's case (1907 ac 1) was an authoritative exposition of the decision in colls's case, (1904 ac 179) and it was established that the law as formulated by lord davey was the law laid down by that decision namely that the owner does not obtain by his easement a right to all the light he has enjoyed. he obtains a .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-23-1974
Reported in : 1975CriLJ1340; (1975)GLR304
..... vindictive attitude. but the state cannot take into account the attitude of the injured person or the management if the larger interests of the society or the larger interests of law and order demand that the prosecution against the workers should be withdrawn or that the public prosecutor should withdraw from the prosecution of the aforesaid persons. in the present case ..... would be no question of reforming the persons indulging in momentary violence on account of their distress (rather than reforming their tormentors). it is, therefore, necessary in the interest of law and order problem itself that offences which take place in peculiar circumstances are dealt with some understanding. these are the reasons why workers who resort to such momentary violence without ..... culled from the aforesaid two decisions of the supreme court. can it be said that the executive discretion exercised by the public prosecutor constitutes an abuse of the process of law? the answer is clearly no. if the public prosecutor had withdrawn the prosecution in order to shield some influential person by way of nepotism or favouritism or to protect someone ..... offences which are offences against the state go unpunished merely because the government as a matter of general policy or expediency unconnected with its duty to prosecute offenders under the law, directs the public prosecutor to withdraw from the prosecution and the public prosecutor merely does so at its behest.3. it is in the light of these principles that .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-16-1974
Reported in : (1974)76BOMLR690
..... be held retrospective in operation relying on the observations of chase j. in the american case of colder v. bull, quoted from craies on statute law, p. 388, hereinabove. the section will therefore undoubtedly cover cases of the accused like the petitioners who were convicted prior to april 1, 1974 i ..... of conviction the total period of pre-conviction detention undergone by the accused. but this is a matter of practice and not a requirement of law.25. we may now refer to the other cases holding some other statutes procedural and giving retrospective effect to them and requiring courts to apply ..... increase the punishment, or change the rules of evidence, for the purpose of conviction.... there is a great and apparent difference between making an unlawful act lawful; and the making an innocent action criminal, and punishing it as a crime'.21. the aforesaid principle has been applied by the courts in interpreting diverse ..... no solicitor should thereafter employ the appellant, an unadmitted solicitor's clerk, who had been convicted of larceny in 1953, without the permission of the law society. the appellant's conviction had no connection with money or property belonging to the solicitor by whom he had been employed or any of ms ..... , in re.  1 w.l.r. 1219. the facts in that ease were that on september 20, 1957, the disciplinary committee of the law society made an order under section 16(1) of the solicitors act, 1941 as amended by section 11(1) of the solicitors (amendment) act, 1956 .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Apr-17-1974
Reported in : AIR1975AP35
..... it awards.' the learned chief justice at page 882 lurcher observed :'the position as i see it is that the exact limits of the ancient remedy by way of certiorari have never been and ought not to be specifically defined. they have carried from time to time being extended ..... rightly decides that a private aided and affiliated college is amenable to writ jurisdiction whenever it acts in excess of jurisdiction, commits an error of law or violates principles of natural justice.54. in the later case under examination, the lecturer was temporarily appointed. she was not qualified to be ..... literally taken and mechanically followed. it has to be understood in the backdrop of various remedies and their scope and purpose in the administrative law. if they are literally taken and applied to all remedies and in all situations, then the tax or rate payers' cases challenging various ..... remedies justifies such an attitude.42. moreover, the important aspect of the writs enumerated in article 226 is that they belong exclusively to public law with the exception of habeas corpus. their primary object is to make the machinery of government and administrative tribunals and bodies work properly rather ..... unduly restrictive, nevertheless one has necessarily to analyse the implications of the learned lord's observation in order to appreciate the present state of law.30. we have seen that according to the learned lord 'whenever any body of persons having legal authority to determine questions affecting the rights .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-24-1974
Reported in : AIR1975SC123; (1975)1SCC55; 2SCR166
..... 1970 with costs.c. a. 1402 of 1974 allowed.c. a. 2254 of 1968 dismissed. cas. 1481-83 of 1970 dismissed.38. in view of the law laid down by us in civil appeals nos. 1481-1483 of 1970 by a judgment delivered today, we dismiss the special leave petition. we make no order as ..... the high court as well as of the state appellate tribunal and direct it to reconsider the cases of the parties concerned in the light of the law on the subject as laid down and explained by us. civil miscellaneous petition no. 6852 of 1974 for an interim order has become infructuous and is ..... of the parties: it merely set aside the order of the appellate tribunal and directed the tribunal to deal with and dispose of the question according to law. the appeal is liable to fail on that limited ground alone. no satisfactory answer has been given to the preliminary objection. but, as we could, ..... directions issued under section 43a of the motor vehicles act, 1939, as amended by the motor vehicles (madras amendment) act, 1948, did not have the force of law in regulating the rights of parties. in ghouse miah's case (supra), the andhra pradesh high court had, after indicating the amplitude of the 'interest of the ..... and they must shut their eyes to everything else.18. in pal singh's case (supra), the allahabad high court had observed (at page 256):the law on the subject is not exhaustively contained in section 47; any direction given by the state transport authority in its appellate jurisdiction is also to be complied .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-12-1974
Reported in : AIR1975SC583; (1975)1SCC375; 2SCR715
..... self-limitation can be seen to be the path of judicial wisdom and institutional prestige and stability (see joseph tussman and jacobus ten broek, 'the equal protection of the laws', 37 california law rev. 341. 37. this approach is consistent with the latest reported decision of the supreme court of the u.s.a. in san antonio school district v. ..... burden of proving it. there is always a presumption that a classification is valid, especially in a taxing statute. the ancient proposition that a person who challenges the reasonableness of a classification, and therefore, the constitutionality of the law making the classification, has to prove it by relevant materials, has been reiterated by this court recently see amalgamated tea estates ..... to hours, equipment, weight/size of load, lights, which form the incidents of transportation, even if inseparable, do not give the transaction its essential character of trade or commerce. laws for government of such incidents 'regulate' see wynes, 'legislative, executive and judicial powers', p. 270.15. regulations like rules of traffic facilitate freedom of trade and commerce whereas, ..... prohibition, control, burden or impediment in commercial intercourse.12. the direct and immediate restriction test had great adverse effect upon the financial autonomy of states, for instance, a law passed by a state legislature under entry 56 in list ii, namely 'taxes on goods and passengers carried by road or on inland waterways' would be a restriction which .....Tag this Judgment!