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Judgment Search Results Home > Cases Phrase: comparative chart of corresponding sections of 1983 act Court: supreme court of india Year: 2009 Page 1 of about 7 results (0.204 seconds)

May 13 2009 (SC)

Santosh Kumar Satishbhushan Bariyar Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : May-13-2009

Reported in : 2009(57)BLJR2348; JT2009(7)SC248; 2009(7)SCALE341; (2009)6SCC498; 2009(6)LC2797(SC)

..... of a rational and objective connection between capital punishment and the purpose for which it is prescribed. in sentencing terms, 'special reasons' as envisaged under section 354(3) code of criminal procedure have to satisfy the comparative utility which capital sentence would serve over life imprisonment in the particular case. the question whether the punishment granted impairs the right to life under ..... that there is a profound and immeasurable gap between a death sentence and a life sentence. in woodson 428 u.s. at 305 the court held that there is a corresponding difference in the need for reliability in the determination that death is the appropriate punishment in a specific case. (see also lockett 438 u.s. at 604 in rummel v ..... parliament in its legislative planning for fair- play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves the responsibility of setting; down social norms of conduct ..... indian penal code) was stuck down as unconstitutional by this court in mithu v. state of punjab 0065/1983 : 1983crilj811 . this court observed:.if the law provides a mandatory sentence of death as section 303 of the penal code does, neither section 235(2) nor section 354(3) of the code of criminal procedure can possibly come into play. if the court has .....

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Feb 05 2009 (SC)

Faridabad Gas Power Project, Ntpc Ltd., Etc. Vs. Om Prakash and ors., ...

Court : Supreme Court of India

Decided on : Feb-05-2009

Reported in : 2009(2)AWC1936(SC); JT2009(4)SC461; 2009(2)SCALE219; (2009)4SCC719

..... anr. : 2008(11)scale637 , it is held that increase in market value in urban/semi-urban areas was about 10% to 15% per annum, the corresponding increase in rural areas would at best be around half of it, that is about 5% to 7.5% per annum, in the absence of evidence ..... speculation is reduced to a minimum if the underlying principles of fixation of market value with reference to comparable sales are made: i) when sale is within a reasonable time of the date of notification under section 4(1); ii) it should be a bona fide transaction; iii) it should be of ..... the acquired land is obviated. further, when the owner himself has purchased the land under acquisition few years earlier to the notification under section 4 of the act, the consideration mentioned in the sale deed would form the basis to determine the market value and it is unnecessary to travel beyond that ..... reference court allowed the reference applications made by the claimants and accordingly, enhanced the amounts of compensation.3.5 a batch of appeals under section 54 of the act came to be filed before the high court of punjab and haryana, both by ntpc praying for reduction of the amount of compensation awarded ..... to the land owners.3.3 being aggrieved against and dissatisfied with the award passed by the lac, the claimants preferred reference applications under section 18 of the act. according to the claimants, they are entitled to the enhancement of compensation as their land acquired by the state has potential value for .....

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May 15 2009 (SC)

Subhash Chandra and ors. Vs. State of U.P.

Court : Supreme Court of India

Decided on : May-15-2009

Reported in : JT2009(6)SC599; 2009(7)SCALE694; 2009AIRSCW3924; 2009(3)LHSC1908

..... .18. contused area with multiple contusions on both side of the back in lower part 25cm x 12cm, 9cm below the injury no. 17 liver and right kidney is lacerated corresponding to this ante mortem injury.17. during the trial, the prosecution examined six witnesses including pws 1 and 2, who were the injured witnesses. the post mortem examination report and ..... the injury reports were also proved in the trial. a comparative reading of the aforesaid injury reports and the post mortem examination report along with the statements of the witnesses and the statements made in the first information report would indicate ..... the injuries received by pws 1 and 2 are only superficial injuries, which are almost similar to one received by one of the accused persons, and therefore, no conviction under section 302 ipc was called for.12. in order to appreciate the contentions of the counsel appearing for the appellants we have scrutinized the evidence on record. the occurrence took place ..... court framed charges against the accused to which the accused persons pleaded not guilty. consequently, witnesses were examined on behalf of the prosecution.8. the accused persons were examined under section 313 of the criminal procedure code and all of them in the course of recording of their statements denied having participated in the crime and stated that they have been falsely implicated .....

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Jan 23 2009 (SC)

Ansal Properties and Industries Ltd. Vs. State of Haryana and anr.

Court : Supreme Court of India

Decided on : Jan-23-2009

Reported in : 2009AIRSCW2041; JT2009(4)SC174; 2009(2)SCALE140; (2009)3SCC553; 2009(3)LHSC2133; 2009(4)JT174

..... colonizer and the plot holders.18. rules 4, 5 and 11 which are made part of the statutory rules give effect to the aforesaid provision of section 3(3). the comparative reading of the provisions of section 3(3)(a)(iv) and sub-clause (b) of clause (1) of the licence agreement would clearly show that the licensee-colonizer is required to construct ..... for colonizing upon terms set out in the licence agreement, which is given in the statutory form namely form lc-iv. the relevant provisions of the act are quoted here under:section 2. -definition. in this act, unless the context otherwise requires: (g) 'external development works' include sewerage, drains, roads and electrical works which may have to executed in the periphery of, or ..... whereby the writ petition filed by the appellant was dismissed.4. appellant is a public limited company registered and incorporated under the companies act, 1956 and is into the business of real estate development and development of colonies. since 1983, the appellant company had been granted licenses by the director, town and country planning (for short 'director') being respondent no. 2 herein ..... (3)(a)(iv) of the act.29. we, therefore, now come to the last submission of the counsel appearing for respondent no. 2 which relates to issue of waiver and acquiescence in view of the fact that payment was made by the appellant which was demanded from him under the aforesaid letters.30. the correspondences between the parties in respect of payment .....

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May 12 2009 (SC)

Union of India (Uoi) Vs. Harpat Singh and ors.

Court : Supreme Court of India

Decided on : May-12-2009

Reported in : 2009(4)AWC3780(SC); JT2009(11)SC134; 2009(8)SCALE201:2009AIRSCW5168

..... court, the high court as also this court in respect of the aforementioned four villages in the following comparative chart:gharoli kondli dallupura chilla saroda(approx 2600 bangarbighas (approx.892bighas)section 4 17.11.80 17.11.80 17.11.80 17.11.80notificationaward rs.9,000 per rs.8500 ..... rs. 76.55 per sq. yard, that the interest of justice shall be subserved if the market value is raised to 10% thereover. correspondingly, the other statutory benefits including interest must be awarded.26. for the aforementioned purpose, we have also taken into consideration that appeals were ..... kind of land. it is a settled legal position that the lands possessed of only similar potentiality or the value with similar advantages offer comparable parity of the value. it is common knowledge that the lands in the village spread over the vast extent. in this case, ..... transport, sewage, telephone and school available within revenue estate of chilla saroda bangar as on the date of issuance of notification under section 4 of the act. this topography of village chilla saroda bangar as is available on the file can also be co-related with the eicher map ..... act only five persons adduced evidence by exhibiting certain deeds of sale which were executed after the date of execution and, thus, were not relevant. it was, furthermore urged that the deeds of lease executed by new okhla industrial development authority (noida) also could not have been taken into consideration as the same had been executed in the year 1983 .....

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Nov 24 2009 (SC)

Commissioner of Income Tax, Kanpur Vs. Sahara India Savings and Invest ...

Court : Supreme Court of India

Decided on : Nov-24-2009

Reported in : (2009)227CTR(SC)425; [2010]321ITR371(SC); 2009(14)SCALE188; [2010]186TAXMAN19(SC)

..... or state enactments;(c) 'public sector banks' means, the state bank of india, the subsidiary banks and the corresponding new banks referred to in section 45(1) of the reserve bank of india act, 1934 (2 of 1934);(d) 'unencumbered approved securities' shall include the approved securities lodged by the company with ..... the respondent herein are made to invest in bonds and securities so that the government is able to borrow monies at a cheaper rate as compared to its borrowings in the market. it is precisely for this reason that the reserve bank of india, which is a regulator and which ..... on, as its principal business, the business of acceptance of deposits from its members and which is declared by the central government under section 620a of the companies act, 1956 (1 of 1956), to be a nidhi or mutual benefit society;(va) a residuary non-banking company other than a financial ..... shall be three and a half per cent, of such chargeable interest.(2) notwithstanding anything contained in sub-section (1) but subject to the other provisions of this act, there shall be charged on every credit institution for every assessment ..... act, referred to as interest-tax) in respect of its chargeable interest of the previous year at the rate of seven per cent of such chargeable interest:provided that the rate at which interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, 1983 .....

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Aug 04 2009 (SC)

State of Madhya Pradesh Vs. Sheetla Sahai and ors.

Court : Supreme Court of India

Decided on : Aug-04-2009

Reported in : 2009CriLJ4436; JT2009(10)SC388; 2009(10)SCALE632; (2009)8SCC617:2009AIRSCW5514:2009AIRSCW5514

..... stand-still.45. the representations made by the contractors for the aforementioned purpose, even if to be ignored, the intra-departmental and inter-departmental correspondences cannot be. they clearly point out a clear picture as regards necessity for explaining the possibilities of extracting stones from some other mines for being ..... not every offence committed by a public servant while engaged in the performance of his official duty, which is entitled to the protection of section 197(1), an act constituting an offence, directly and reasonably connected with his official duty will require sanction for prosecution under the said provision. as pointed out by ..... yield of useful stone to be very much less. the details enclosed at annexure a. even the quantum of stone available is less, when compared to the requirement.3. it was reported that the quantum of useful rubble available in the entire therma pahad hills is to the tune of ..... would rely upon for proving its case would be the terms of the contract, the note sheets, the letters dated 4.08.1983, 11.08.1983, 16.08.1983, 17.08.1983, 10.07.1984, 14.11.1984 and 2.03.1988, in terms whereof the contractors were categorically informed that they would ..... accounts were audited and one shri g.k. shukla, deputy accountant general reported:a) the clause of the agreement noted above and the quarry chart clearly bring out that in the event of change of quarry on whatever reasons no claim will be entertained and contractor should before quoting rates, .....

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Apr 15 2009 (SC)

Bihar State Electricity Board Vs. Pulak Enterprises and ors.

Court : Supreme Court of India

Decided on : Apr-15-2009

Reported in : 2009AIRSCW3505; 2009(57)BLJR1844; 2009LC(SC)283; JT2009(6)SC282; 2009(5)SCALE611; 2009(5)LC2500(SC)

..... rates including fuel surcharge. it has been stated that in the case of defective meters and meterless consumers, though bills are raised, the corresponding quantum of power sold cannot be determined. hence the assessed revenue (in accordance with the board's tariff) is treated as the basis for ..... of account should after meeting expenses 'leave such surplus as state government may, from time to time, specify'. the section was amended again in 1983 and as per the 1983 amendment the board is supposed to adjust its tariff in a manner so as to ensure that the total revenues ..... had taken the stand that the incremental rise in 1996-97 over the 1991-92 base year from other sources including tvnl was less compared to dvc or ntpc. high court did not appreciate this logic. increase in the unit rate has been similarly worked out in the ..... the basis of metered sales the rates would be considerably higher than already determined by the board. this would be evident from the following chart:sl. particulars july 93 1994-95 1995-96 1996-97march 94_________________________________________________________________________1. amount recove-rable as fuel 9536.09 16328.20 28431.10 53385. ..... court held that except in cases where it becomes necessary to fix the price separately in relation to individuals, price fixation is generally a legislative act, the performance of which does not require giving opportunity of hearing. following passage from the judgment may usefully be noticed:legislative action, plenary or .....

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Mar 31 2009 (SC)

Balkar Singh Vs. State of Uttarakhand

Court : Supreme Court of India

Decided on : Mar-31-2009

Reported in : 2009CriLJ2980; JT2009(5)SC1; 2009(4)SCALE507; 2009AIRSCW3499; 2009(5)LHSC3031; 2009(4)KCCRSN258

..... these provisions seems to be to keep in focus the keywords used in the various clauses of sections 299 and 300. the following comparative table will be helpful in appreciating the points of distinction between the two offences. section 299 section 300a person commits culpable homicide subject to certain exceptionsif the act by which the death is caused is done- culpable homicide is murderif the ..... singh (pw-1) lodged oral first information report at police station, kashipur, at 7:20 p.m. on the very day i.e. 01.01.1983, which was registered as crime no. 2 of 1983 under section 302/307 i.p.c. against accused balkar singh. on the basis of the oral report, chick report (ext. a-1) was prepared and necessary entry ..... death, the offence will not be murder, even if the injury which caused the death, was intentionally given. in clause (3) of section 300, instead of the words `likely to cause death' occurring in the corresponding clause (b) of section 299, the words 'sufficient in the ordinary course of nature' have been used. obviously, the distinction lies between a bodily injury likely to ..... -7) to chief medical officer for post mortem examination, were prepared. after the death of d-2, his dead body was also taken into possession by police on 02.01.1983, at about 12:30 p.m. and an inquest report (ext. a-15), police form no. 33 (ext. a- 16), sketch of his dead body (ext. a-17), police form .....

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