Court : Jammu and Kashmir
Decided on : Sep-29-2015
..... : (a) accomplice (b) hostile witness (c) approve (d) hostile accomplice insofar as question no. 4 is concerned, same has been set to see whether the candidate is aware of criminal law (amendment) act, 2013 wherein the detention period for newly included offences can be 90 days. since the question itself uses words 90 days , it excludes all those offences for which detention can ..... to be out of syllabus by the appellants, were from the constitution of india and civil procedure code. these questions and their answer options read thus:- question no. 10 as per the preamble of the constitution, india is a:- (a) sovereign, communist republic, (b) socialist, communist republic, (c) sovereign, socialist, secular, democratic republic, (d) communist and constituent state. question no. 11 federalism ..... there may not be candidates available to fill up the reserved category vacancies. 19. the learned advocate general has argued that rule 7 of the jammu and kashmir reservation rules, 2005 has been strictly adhered to and it is not compulsory to call candidates from each category at the threshold and the reservation rules can be complied with at the time ..... purpose of short listing the candidates for interview the following criteria will be followed:- the number of candidates to be called for vivavoce shall be in the ratio of 1:3 i.e. three candidates for each category plus those additional candidates who have secured marks equal to the last candidate in the respective categories. 22. it is also the .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Aug-13-2015
..... correct but same is repelled by learned counsel for respondents by stating that answer (a) i.e. sexual intercourse committed by a person in authority was the right answer. in this connection, learned counsel referred to section 12 of the jammu and kashmir criminal laws (amendment) act, 2013. section 376-c begins with the heading sexual intercourse by a person in ..... and enforcement of security interest act, 2002.23.disaster management act, 2005ii) local and special laws:s. no.act1.cinematograph act, 1989.2.contempt of courts, 1997.3.egress and internal movement control ordinance, 2005 (eimco).4.enemy agents ordinance, 2005.5.excise act, 1958.6.forest act, 1987.7.identification of prisoners act, 1994.8.official secrets act, 1977.9.police act, 1983 (1927 a. d ..... of questions is such which even otherwise fall within the ambit of current affairs pertaining to laws and their implementation. 12) next learned counsel for ..... under: the relevant issues(especially current affairs) pertaining to laws, their implementation....reaction from society, judiciary, media and other pressure groups, and critical analyses thereof. in addition thereto, it is also highlighted that the preamble of the constitution of india is also referred to in various minors act as are included in the syllabus notified. then the nature .....Tag this Judgment!
Court : Delhi
Decided on : May-22-2015
..... for the principal director to be included and he too share in the profit of the business. so, i have, in fact, dropped those amendments and i have not pressed on them . (emphasis supplied) 45. with the amendment not getting passed, as of now the cr act does not acknowledge a director as an author? in relation to a cinematograph film. since the moral rights ..... the film. the agreement refers to sikka as producer? and the party of the first part?. pannu is described as the other party? and party of the second part?. the preamble clauses in the agreement read as under: whereas: a. the producer is, inter alia, in the business of production, distribution and marketing of cinematographic films including feature films, motion pictures ..... january 2014 given by pannu was voluntary. both were given under extreme distress, duress and coercion and therefore not valid under law. tom alter?s affidavit dated 26th september 2014 substantiated this contention of pannu. the firs and the criminal proceedings arising therefrom were false and invalid. they were used to coerce pannu into giving up his right to be acknowledged as ..... from his contemporaries. in a book titled ingmar bergman: a reference guide by birgitta steene (amsterdam university press, 2005) there is the following quote attributed to him (at p.139): i say my films are good craftsmanship. i am diligent, conscientious and extremely careful. i make my work for daily use and not for eternity. my pride is that of a craftsman. 47. turning .....Tag this Judgment!
Court : Delhi
Decided on : May-28-2015
..... impairment of their fundamental rights, through acts or omissions that are in violation of criminal laws. (chapter xv, paragraph 6.2).5. the said report prompted the code of criminal procedure (amendment) bill of 2006. its statement of objects and reasons noted that the law commission has undertaken a comprehensive review of the code of criminal procedure in its 154th report and its ..... definition is the existence of that relationship. the cognate definitions of "industrial dispute", "employer", "employee", also support it. the long title of the act as well as its preamble show that the act was passed to make provision for the promotion of industries and peaceful and amicable settlement of disputes between employers and employees in an organized activity by ..... truly necessary implication, parliament must be presumed to legislate on the assumption that the principle of legality will supplement the text. this is the theoretical framework against which section 1(1) must be interpreted. 47. even the judgments relied on in chattar singh to support its conclusions, indicate that heirs is to be construed within the context. in ..... by necessary implication made to have retrospective operation. this is a consistent position of law, and has been affirmed by the supreme court in crl.a.1415/2012 page 36 numerous cases, such as hitendra vishnu thakur v. state of maharashtra, air1994sc2623 kailash v. nanhku and ors. (2005) 4 scc480and h.p. state electricity regulatory commission v. h.p. seb .....Tag this Judgment!
Court : Delhi
Decided on : May-05-2015
..... dated 24th of january, 2012.12. the legislative assembly for the national capital territory of delhi enacted delhi cooperative societies act, 2003 inter alia with the object of consolidating and amending laws relating to the cooperative societies, to facilitate voluntary formation and democratic functioning of co-operatives as people?s institutions based on ..... been charge-sheeted by the cbi shall not get the benefit of such regularisation and their names shall not be sent to the dda till criminal cases pending against them are finally decided. the regularisation is subject to payment of penalties for the self draw which have been prescribed. the ..... we refrain from referring to the details of the provisions except to say that they are generally designed to further the objectives set out in the preamble. but, numerous as the provisions are, they are not capable of meeting the extensive demands of the complex situations which may arise in the ..... the flats. it is also on record that the construction of the flats was completed and the flats were ready for occupancy in the year 2005.17. before allotment of the flats could be effected, it appears that in the year 2004, a writ petition bearing w.p.(c)no ..... under the rcs norms/directives. as per this decision, the dda had laid down the policy to regularize/confirm such draws subject to the following conditions: (i) result sheet of draw of lots alongwith a list of members duly verified by registrar coop. societies. (ii) attested copy of form d? or .....Tag this Judgment!
Court : Delhi
Decided on : Mar-19-2015
..... relied upon by the counsels for the parties represented before me.15. in this context, a broad frame-work of the convention has to be borne in mind. the preamble of the convention would suggest that it seeks to facilitate the acquisition and use of mobile equipment of high value and economic significance. in other words, it encourages and ..... in my view, a mandamus shall issue to the dgca to act in a particular manner, as the conditions prescribed for acting in that manner, as required by law, stand fulfilled. any other direction would only frustrate the object and purpose with which the amendment has been brought about in rule 30. i am, thus, persuaded to direct the dgca to de-register the ..... law issues. 15.2 the thrust of the convention is to make available private finance for mobile equipments, to persons, situate in contracting states ..... the convention while protecting the interest of the creditors seeks to give due deference to the national legal regime, i.e., the municipal law of the contracting state. therefore, logically and, quite clearly, the convention does not affect national legal regimes which concern and are relatable to criminal conduct and tortious liability. the convention, also, does not appear to impinge upon public .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-10-2015
..... allowed to consume intoxicating liquors in the state of andhra pradesh, the total prohibition of manufacture and production of these liquors is "arbitrary" and the amending act is liable to be struck down on this ground alone. support for this proposition is sought from a judgment of this court in state of ..... of officers is decision making officers and not the other set of officers. if there is an accusation of bribery, graft, illegal gratification or criminal misconduct against a public servant, then we fail to understand as to how the status of offender is of any relevance. where there are allegations ..... and petty manipulation. the seventy-third amendment of the constitution is addressed to remedy these evils. . section 173. persons qualified to vote and be elected. (1) every person whose name is in the list of voters shall, unless disqualified under this act or any other law for the time being in force, ..... ambalal patel, (2012) 9 scc310 avinash mehrotra v. union of india, (2009) 6 scc398 p.a. inamdar v. state of maharashtra, (2005) 6 scc537 t.r. kothandaramam v. t.n. water supply & drainage board; (1994) 6 scc282 unni krishnan v. state of andhra pradesh, (1993 ..... of section 175(1).54. we first deal with the submission of violation of article 14 on the ground of arbitrariness.55. the petitioners argued that the scheme of the constitution is to establish a democratic, republican form of government as proclaimed in the preamble to the constitution and any law which is inconsistent .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-2015
..... an offence under section 190 crpc. the observations made by this court in raghubans dubey v. state of bihar were also made in that context. the prevention of corruption act is a special statute and as the preamble shows, this act has been enacted to consolidate and amend the law relating to the prevention of ..... nature of an 'organized crime', in parbhani and jalna as of now we can state that in respect of appellants other than a-7 i.e. appellant in criminal appeal no.1971/2010, their application for bail can be considered by the special court. therefore, on this issue, namely, in all ..... and not the offender, is not the correct legal position. the learned senior counsel after referring to sections 173(2)(i)(a), 190(1)(b) and 178 of the code of criminal procedure (cr.p.c.) submitted that a close reading of the above sections shows that the cognizance will be with ..... - air1971sc2372 state of west bengal v. salap service station & ors.-. 1994 (3) suppl. scc318 cref finance limited v. shree shanthi homes (p) ltd. and another - 2005 (7) scc467 state of karnataka v. pastor p. raju - 2006 (6) scc728 s.k. sinha, chief enforcement officer v. videocon international ltd. & ors.-. (2008) 2 ..... bengal - air1963sc765and dilawar singh v. parvinder singh @ iqbal singh & anr.-. 2005 (12) scc709in support of his submissions. mr. u.r. lalit, learned senior counsel then contended that the event of cognizance being taken as defined under section 2(1) (d) can only be with reference to 'competent court' and in the .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Jul-30-2015
..... . 03.02.2013, the amendment made material changes. here, it is necessary to look into the relevant provisions of section 375 of the ipc defining rape. in ..... vinod kumar..vs..state of kerala; (2014) 5 scc 678. i have perused the above decisions and i find that all these decisions are prior to the parliamentary amendment in relation to the subject matter and, therefore, there is no point in referring to those decisions. that being so, i proceed further. 9. apropos the criminal law (amendment) act, 2013 (13 of 2013), section 9, w.e.f ..... 2) (n) of the ipc being the main offence, the claim for grant of anticipatory bail is required to be examined particularly in the light of question of law that arises for consideration. facts: criminal application no. 309/2015 2. one ku. p. aged about 21 years lodged report with police station sindewahi, dist. chandrapur and stated therein that when she was ..... 's natural life, and shall also be liable to fine. ? the use of word unequivocal ? in the above explanation-2 is most crucial in the amended provision. the meaning of the word unequivocal ? in the blacks law dictionary is as under: unequivocal : unambiguous; clear; free from uncertainty. ? as per websters comprehensive dictionary of the english language (deluxe encyclopedic education, 2004) .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-01-2015
..... track court), bulandshahar in sessions trial no.516 of 2006 for having committed the offences under section 302 read with section 34 ipc and section 7 of criminal law amendment act. the prosecution in support of its case examined seven witnesses including two doctors namely pws3 and 7 and informant roop basant as pw1. mewa ram was ..... them, has not been fully established.14. now the other features on record need consideration. the respondents were apprehended the same day when one of them i.e. respondent sanjay was allegedly found to be in possession of blood stained dharati or sickle. according to the prosecution the weapon was blood stained and ..... holding the arm of akash. according to him the respondents were inside the baithak for some 20-25 minutes, and when they went towards chamunda math i.e. to the other side of the road, he and vijaypal could immediately enter the baithak and see the dead body lying in a pool of ..... from the mouth and nostrils. as per pw7 dr. rajesh kumar, the cause of death was asphyxia resulting from throttling. the witness stated that injury nos.1, 5, 6 and 7 were possible by a sharp cutting weapon. while the respondents were arrested, on personal search of accused sanjay, blood stained dharati or ..... . the appeal preferred by the complainant is also dismissed. j.(pinaki chandra ghose) j.(uday umesh lalit) new delhi july 01, 2015 ----------------------- . (2005) 3 scc114. (2003) 1 scc465. (2002) 9 scc537. (2012) 4 scc257----------------------- 15 .....Tag this Judgment!