Court : Supreme Court of India
Decided on : Feb-11-1974
Reported in : AIR1974SC799; 1974CriLJ683; (1974)4SCC443; 3SCR329
..... of their use, the borrandous features of the crime and hapless, helpless state of the victim, and the like, steal the heart of the law for a sterner sentence. we cannot obviously feed into a judicial computer all such situations since they are astrological imponderables in an imperfect and undulating ..... section 302 keeps two options open and the question is of great moment.26. let us crystallise the positive indicators against death sentence under indian law currently. where the murderer is too young or too old, the clemency of penal justice helps him. where the offender suffers from socio-economic, ..... life being the exception and long deprivation of liberty the rule fits the social mood and realities and the direction of the penal and processual laws.24. while deterrence through threat of death may still be a promising strategy in some frightful areas of murderous crime, to espouse a monolithic ..... formerly when death was the rule and life term the exception, for recorded reasons. in the new criminal procedure code, 1973 a great change has overtaken the law. section 354(3) reads:354(3) when the conviction is for an offence punishable with death or, in the alternative, with imprisonment for life ..... that in jagmohan singh v. state of u.p. : 1973crilj370 , there was an argument about the absence of procedure laid down by the law for determining whether the sentence of death or something less is appropriate in the case. the court viewed this criticism from the constitutional angle and observed .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-25-1974
Reported in : AIR1974SC1218; (1974)4SCC854; 3SCR738
..... beginning at the meeting and he also addressed the gathering supporting kalyan singh and requested them to vote for him as he was a hindu and that they should not vote for the petitioner who was a muslim butcher, whose members of the community butchered the innocent hindus ..... of withdrawal from being a candidate, it is not limited to a candidate who has been validly nominated and who has withdrawn earlier according to law. it is because of this reason that the words 'retire from contest' become unnecessary and were advisedly deleted by the legislature.11. again ..... announced his withdrawal and requested his supporters to transfer their allegiance to shastri8. before we discuss the evidence, we may deal with a question of law addressed by mr. hardy, learned counsel for the contesting respondent. according to the learned counsel, even assuming that any gratification was offered to ..... and subject to the like sanction and conditions if any, to add to, amend, vary or rescind any notifications, orders, rules or bye-laws so issuedthe election commission in this case exercised power under section 30 of the act and issued the notification appointing the various dates mentioned therein ..... samyukt socialist party.3. the. appellant alleges several corrupt practices in his election petition before the high court and also raises certain question of law. the chief election commissioner has been impleaded as a respondent in this appeal. the high court has repelled the contentions of the appellant. we .....Tag this Judgment!
Court : Delhi
Decided on : Jan-17-1974
Reported in : ILR1974Delhi650
..... both by academic writers and judges. his observations have been described as 'sweeping assertion' and as 'the most oblique of obiter dicta' (chashire & fifoot-law of contract, 8th edition page 444).(35) in 1926 the observations of lord justice knight bruce were adopted by the judicial committee and formed the basis ..... prescribe that, at least as a general rule, where a man by gift or purchase acquires property' from another, with knowledge of a previous contract lawfully and for valuable consideration made by him with a third person to use and employ the property for a particular purpose in a specified manner, the ..... compelled to come to terms with the charterers. in my opinion it cannot be done for reasons more than one.(31) to understand the principles of law relating to injunctions in cases of ships three notable decisions have to be examined.(32) in de mattos (1) (supra) in 1858 it was ..... with regard to the withdrawal of the ship? the shipowner claimed that they have a right to withdraw the ship and their action was perfectly lawful. the charterers, on the other hand claimed that the shipowners have no right to withdraw the ship and she must be put at their command ..... to any other party on hire or otherwise till the expiry of the period of the charterparty.(12) this case raises interesting questions regarding the shipping law. two questions have been canvassed with regard to the application for injunction. the first question is whether the injunction issued by chawla, j. should be .....Tag this Judgment!
Court : Rajasthan
Decided on : Sep-20-1974
Reported in : 1974WLN785
..... j observed that that case adjudged capital sentence constitutional and whatever our view of the social invalidity of the death penalty, personal predilections must bow to the law as by this court declared. he also quoted with approval the noble words of justice stanley mosk of california uttered in a death sentence case:as a ..... in evidence that two of the murdered men, kernail singh and dewan singh, had bet n prosecuted for the murder of gurnam singh the brother in-law of kesar singh and had been acquitted.therefore, although we hold that kesar singh was guilty of an offence punishable under section 302, indian penal code ..... discharged. it may be that the appellant had grown up from childhood hearing the useful story from his widowed sister, of the murder of his brother in law, gurnam sitsgh, who was a step brother of gurdev singh. the appellant, who is a young man, may have been impelled (sic) on by the ..... year to year. the land which was under their cultivation, was rightly or wrongly allotted to sahab ram the aggrieved parties went to the court of law in appeal against the order of allotting authority. het ram and other succeeded in appeal and the allotment was cancelled. sahab ram challenged that order ..... the sessions judge. in so doing the high court will be assisted by the opinion expressed by the sessions judge, but under the provisions of the law above mentioned, it is for high court to come to an independent conclusion of its own. 12. reference may also be made to another decision .....Tag this Judgment!
Court : Chennai
Decided on : Jul-22-1974
Reported in : 1975CriLJ798
..... form first information report to the sub-magistrate. we make the following suggestions to ensure that the really guilty (legally proved to be guilty) may not escape the clutches of law and the really innocent may not be falsely implicated by the ingenuity of the prosecuting machinery.27. in, some instances we were not able to find out at what precise ..... advantage of this murder and implicate this second appellant and tamilarasan who are at large and who seem to give a lot of anxiety and trouble to the forces of law and order by fomenting agrarian trouble and class hatred but unfortunately exhibit p-l does not even speak of the words 'and others' or 'vagaira'., therefore, they have got to ..... of 1974) is accordingly dismissed.25. before parting with this case, we would like to observe that india is a land of freedom under law. even the crimes of naxalites must be legally proved before courts of law. we cannot treat or equate naxalites as hardened criminals and hang them on the merest production of flimsy and fabricated evidence. undoubtedly there is .....Tag this Judgment!
Court : Orissa
Decided on : Feb-27-1974
Reported in : AIR1975Ori41
..... within the purview of delegated sovereign authority. (viii) the sovereign function of the state must necessarily include the maintenance of the army, various departments of the government for maintenance of law and order and proper administration of the country which would include magistracy and police and the machinery for administration of justice. (ix) where the employment in the course of which ..... of undertakings which might be carried on by private in-dividuals without having such powers delegated to them was drawn. by sovereign powers it was meant dowers which cannot be lawfully exercised except by sovereign, or private individual delegated by a sovereign to exercise them. 9. it would be profitable to extract the ultimate conclusion of their lordships in paragraph ..... as the dominion of india and the corresponding provinces or the corresponding indian states might have sued or been sued if this constitution had not been enacted.' the position of law as developed by authorities is now the same as it was prior to the constitution. the east india company not only exercised powers of government, but also carried on ..... pay damages to the plaintiff for the alleged acts, if any done by defendants 2 and 3 which they were doing in exercise of the sovereign function of maintenance of law and order and preservation of government property. 2. the learned subordinate judge, bargarh, recorded the following findings:(i) though the plaintiff received injuries he failed to establish that he .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-26-1974
Reported in : AIR1974SC749; (1974)2SCC151; 3SCR464; 1974(6)LC257(SC)
..... the board in sheoparsan singh v. ramanandan prasad narayan singh a.i.r. 1916 p.c. 78 that the rule of res judicata 'while founded on ancient precedent is dictated by a wisdom which is for all time' and that the application of the rule by the courts 'should be influenced by no technical ..... of the high court would not operate as res judicata on the question of title to the properties. if an award sets forth a proposition of law which is erroneous, then the award is liable to be set aside under section 30 of the arbitration act. this court has held that the provisions ..... considerations of form, but by matter of substance within the limits allowed by law.the raison d'etre of the rule is to confer finality on decisions arrived at by competent courts between interested parties after genuine contest; and to allow ..... of the appeal and his legal representatives, the present appellants, prosecuted the appeal. the district judge held, that the award suffered from an error of law apparent on the face of the record in that the arbitrator ignored the judgment of the high court which operated as res judicata as regards the title ..... of the arbitrator, based as it was on that judgment operating as res judicata, was manifestly wrong and the award was consequently vitiated by an error of law apparent on the face of the award. he, therefore, set aside the award and remitted the case to the arbitrator for a fresh decision.4. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-11-1974
Reported in : AIR1974SC2009; (1974)2SCC402a; 1SCR1
..... upon us and are engulfing and annihilating us--engulfing and annihilating the very devotees that worshipped at their shrine. so the air is full of new cults that disavow the ancient faiths. some of them tell us that instead of seeking certainty in the word, the outward sign, we are to seek for something deeper, a certainty relative and temporary, ..... benjamin nathan cardozo by margaret e. hall). at the same time, it has to be borne in mind that certainty and continuity are essential ingredients of rule of law. certainty in law would be considerably eroded and suffer a serious set back if the highest court of the land readily overrules the view expressed by it in earlier cases, even though ..... provisions of the criminal procedure code which provide immunity from prosecution without sanction of the government for offences by public servants in relation to their official acts, the policy of the law being that public officials should not be unduly harassed by private prosecution unless in the opinion of the government, there were reasonable grounds for prosecuting the public servant which ..... provisions of the criminal procedure code which provide immunity from prosecution without sanction of the government for offences by public servants in relation to their official acts, the policy of the law being that public officials should not be unduly harassed by private prosecution unless in the opinion of the government, there were reasonable grounds for prosecuting the public servant which .....Tag this Judgment!
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!