Court : Delhi
..... 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:1. clause (b) of section 299 corresponds with clauses (2) and (3) of section 300. the distinguishing feature of the mens rea requisite under ..... straightjacket formula that as to how a person would react in a situation like this. in the case of rana pratap v. state reported at 1983 cri.lj1272it has been held that to discard the evidence of a witness on the ground that he did not react in particular way, is ..... in another case of jai prakash v. state (delhi administration), 1991(2) scc32 the apex court held as under: ...when a person commits an act, he is presumed to expect the natural consequences. but from the mere fact that the injury caused is sufficient in the ordinary course of nature to cause ..... cause for such provocation; (ix) whether it was in the heat of passion; (x) whether the person inflicting the injury has taken undue advantage or has acted in a cruel and unusual manner; (xi) whether the accused dealt a single blow or several blows. the above list of circumstances is, of course, ..... fight; (b) in the heat of passion upon a sudden quarrel; (c) the offender has not taken undue advantage; and (d) the offender has not acted in a cruel or unusual manner. where these requirements are satisfied, culpable homicide would not be murder. in another case of pulicherla nagaraju @ nagaraja reddy v. .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2002)83ITD11(Delhi)
..... upon by the learned sr. departmental representative helps the case of the revenue since it has been held that order under section 18(7) of it act, 1922 corresponding to section 201 of the act can be passed at any time.however, the said decision is contrary to the decision of the supreme court in the ..... government in this behalf. explanation : for the purposes of this clause, the expression "foreign enterprise" means a person who is a non-resident.a comparative study of the above provisions shows that payments made for acquisition of an aircraft or an aircraft engine on lease, prior to 1st april, 1996, were ..... common order for the sake of convenience. the disputes arising out of these appeals relate to demands raised against the assessee under section 201(1) of it act, 1961 (in short 'act'), pertaining to financial years 1994-95 to 1998-99. the issue arising out of these appeals is whether the assessee was ..... for providing spares, facilities or services in connection with the operation of leased aircraft were excluded from the ambit of the main provision of section 10(15a) of the act. it was, therefore, conceded by him that payments made after 31st march, 1996, for spares, facilities or services in connection with ..... prasad more (1971) 82 itr 540 (sc) and the decision of andhra pradesh high court in the case of cut v. j.d. italia (1983) 141 itr 948 (ap) it was also submitted by him that the department can always look into the surrounding circumstances to determine the exact nature of .....Tag this Judgment!
Court : House of Lords
..... the essential points. 21. article 8 says that everyone has the right to respect for his private and family life, his home and his correspondence. mr friend said that hunting with hounds is part of his private life. it was what he did and wishes to be able to continue ..... a visible expression of this part of the cultural life of the community. 18. it is questionable whether mr friends insistence that his belief is comparable to a religious belief would stand up to examination in strasbourg, as the court of appeal observed in r (countryside alliance) v attorney general [ ..... convention rights and community law. that however is not how observing and implementing international obligations has been provided for by the scotland act. section 126(10) sa provides that in the act the expression international obligations means any international obligations of the united kingdom other than obligations to observe and implement community ..... then the qualifications have to be expanded too. the concept of what may be necessary in a democratic society has to take into account the comparative importance of the right infringed in the scale of rights protected": ibid, para 124. when it comes to the protection of morals, the convention ..... the same way as those of minority ethnic groups such as the saami people in the north of norway: g and e v norway (1983) 35 dr 30. the european commission of human rights accepted that this minority group was entitled to respect for its nomadic lifestyle, which included .....Tag this Judgment!
Court : House of Lords
..... other contracting party; and if he had paid under it he could, having paid under protest, recover back the sums paid, as money had and received to his use." the corresponding passages in the judgment of scrutton lj are equally familiar. the decision of the court of appeal was affirmed by this house ((1922) 38 tlr 781) and has been regarded ..... judge's duty to the public may preclude him from allowing that leniency to deflect him from imposing the proper sentence for comparable criminal conduct in the case before him. 52. these considerations have, in my opinion, no counterpart in section 133 compensation assessments. these are cases where the claimants for compensation are not wrongdoers from whose activities the public deserve protection ..... is neither. the authorities on disparity in sentencing do not assist. 26. it is convenient to touch first on this disparity argument. in some cases (of which r v fawcett (1983) 5 cr app r(s) 158 is an example) an appeal against sentence has succeeded because right-thinking members of the public, learning of a lenient sentence imposed on a ..... that the assessor's reasons for departing from his predecessor's percentage were reasonable and adequately explained. 30. it is generally desirable that decision-makers, whether administrative or judicial, should act in a broadly consistent manner. if they do, reasonable hopes will not be disappointed. but the assessor's task in this case was to assess fair compensation for each of .....Tag this Judgment!
Court : House of Lords
..... any powers of the court of appeal or to remit the case to them. 48. as for the 1973 rules (made under section 46 of the 1968 act and now superseded by comparable provisions in part 70 of the criminal procedure rules 2005), rules 3(1) and 6 are in point: 3(1) ..... the convention rights 14. article 8 provides: 1. everyone has the right to respect for his private and family life, his home and his correspondence. 2. there shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and ..... first, neither article has as such precedence over the other. secondly, where the values under the two articles are in conflict, an intense focus on the comparative importance of the specific rights being claimed in the individual cases is necessary. thirdly, the justifications for interfering with or restricting each right must be taken ..... the thinking underlying rules 3 and 6 of the 1973 rules (whether sanctioned by primary legislation or not) is not difficult to understand. section 36 of the 1972 act for the first time enabled the attorney general to seek clarification of the criminal law by the higher courts, in effect by way of ..... of the convention and be irreconcilable with the strasbourg jurisprudencereflected, for example, in paragraph 37 of the courts judgment in minelli v switzerland (1983) 5 ehrr 554: in the courts judgment, the presumption of innocence will be violated if, without the accuseds having previously been proved guilty .....Tag this Judgment!
Court : House of Lords
..... movement. they engage article 8 of the convention ("everyone has the right to respect for his private and family life, his home and his correspondence") and would engage article 2 of protocol 4 ("everyoneshallhave the right to liberty of movement") if the united kingdom had ratified that ..... the authorities in due time. he had to report to the authorities twice a day and inform them of the name and number of his correspondent whenever he wished to use the telephone. he needed the consent of the authorities for each of his trips to sardinia or the mainland, ..... sufficiently fundamental alteration of his lifestyle the case may come within article 5. 77. that this is a questionable assumption may be seen by comparing the dissenting opinion in guzzardi of judge sir gerald fitzmaurice. judge fitzmaurice came to the conclusion that article 5 did not apply, but it ..... obligations imposed on the controlled persons in this case. an obligation was imposed under almost all the heads specifically identified in the paragraphs of section 1(4) of the act, and some under heads not so identified. the general effect of the obligations was helpfully summarised by the court of appeal in paragraph ..... their nominated mosques, and to buy such limited supplies as they could afford. this would not prevent detention in a psychiatric hospital under the mental health act 1983 from being a deprivation of liberty: see ashingdane v united kingdom (1985) 7 ehrr 528. it is not surprising that the judge concluded that " .....Tag this Judgment!