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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1978 Page 5 of about 76 results (0.083 seconds)

Oct 18 1978 (SC)

Ganesh Bhavan Patel and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Oct-18-1978

Reported in : AIR1979SC135; 1979CriLJ51; (1978)4SCC371; [1979]2SCR94

r.s. sarkaria, j.1. this appeal is directed against a judgment, dated december 2/4, 1972, of the high court of bombay, whereby it converted the acquittal of the appellants herein, into a conviction under section 302 read with 34, indian penal code.2. according to the prosecution, damji had illicit relations with smt. bachibai, wife of dana ravji patel, appellant, who was original accused no. 1 at the trial. dana was aware of these relations, and about two to four months before the occurrence, he had threatened to kill the deceased. damji deceased, along with his wife and daughter, was living in a room in building no. 3, bhaveshwar nagar, ghatkopar, bombay.3. on november 29, 1969, at about 7 p.m, the deceased was returning home on his bicycle. when he entered the lane adjacent to the said building no. 3, both the appellants assaulted him with knives. pramila (p.w. 2), aged about 13 years, the daughter of the deceased was sitting on a charpoy in the compound of building no. 3. this compound is enclosed by a wall and is close to the lane. another girl, named kuvarbai (p.w. 5), also aged 13 years, was sitting on the otla nearby. on being attacked, the deceased cried out 'bachao bachao', on hearing this, pramila got up and ran to the place of occurrence. on coming out of the compound gate, she saw both the appellants causing injuries with knives to the deceased who was then lying on the ground. his legs were in the gutter and the rest of the body on the road. pramila asked the .....

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Mar 13 1978 (SC)

Harishankar Rastogi Vs. Girdhari Sharma and anr.

Court : Supreme Court of India

Decided on : Mar-13-1978

Reported in : AIR1978SC1019; 1978CriLJ778; (1978)2SCC165; [1978]3SCR493; 1978(10)LC301(SC)

1. the petitioner appears in person and seeks permission to be represented by another person, who is not an advocate, falling within, the definition in section 2(a) of the advocates act, 1961. on an earlier occasion sri r. k. jain, advocate of this court was requested to act as amicus curiae since the petitioner represented that he could not engage counsel. however, sri jain, for reasons which we need not go into here, has been discharged from the brief at his request. the short question that i have to decide here is whether a person who is not an advocate by profession, can be permitted to plead on behalf of the petitioner 2. advocates are entitled as of right to practise in this court (section 30(i) of the advocates act, 1961). but, this privilege cannot be claimed as of right by any one else. while it is true that article 19 of the constitution guarantees the freedom to practise any profession, it is open to the state to make a law imposing, in the interest of the general public, reasonable restrictions on the exercise of the right. the advocates act, by section 29, provides for such a reasonable restriction, namely, that the only class of persons entitled to practise the profession of law shall be advocates. even so, is it not open to a party who is unable for some reason or other to present his case adequately to seek the help of another person in this behalf to negative such a plea may be denying justice altogether in certain cases, especially in a land of illiteracy .....

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Oct 05 1978 (SC)

State of Orissa Vs. Ram Chander Agarwala and ors.

Court : Supreme Court of India

Decided on : Oct-05-1978

Reported in : AIR1979SC87; 1979CriLJ33; (1979)2SCC305; [1979]1SCR1114; 1979(11)LC172(SC)

kailasam, j.1. these appeals are by state of orissa by certificate granted by the orissa high court against the judgment in criminal miscellaneous cases nos. 131 to 138 of 1973.2. the eight respondents before this court filed a batch of eight criminal miscellaneous petitions under section 561-a/and 562 of the crpc for a review of the orders passed by the high court in criminal reference nos. 13 and 15 to 21 of 1972 on 7-5-73, enhancing their sentence of fine of rs. 2,000/- to one of rigorous imprisonment for six months.3. the facts of the case are briefly as follows : on 1-2-1967, the vigilance police filed nine criminal cases against certain firms and their partners or proprietors under section 20(e) of the forward contracts (regulation) act, 1952 (act 74 of 1952). the cases were tried by the additional district magistrate (judicial), cuttack. the district magistrate found the firms and persons, in management of the business, guilty of the offences with which they were charged and inflicted a consolidated fine of rs. 2,000/- with the direction that, they would suffer simple imprisonment for three months in default of payment of fine. against their conviction and sentence, the accused preferred an appeal to the sessions judge. the sessions judge, while dismissing the appeals, found that the law required imposition of a minimum sentence of fine of rs. 1,000/- for each offence and as the sentence passed by the trial court was not in accordance with the law, he referred the .....

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Sep 26 1978 (SC)

The State (Delhi Administration) Vs. Pali Ram

Court : Supreme Court of India

Decided on : Sep-26-1978

Reported in : AIR1979SC14; 1979CriLJ17; (1979)2SCC158; [1979]1SCR931

sarkaria, j.1. this appeal by special leave, directed against a judgment dated february 18, 1975, of the high court of delhi, involves a question with regard to the scope of the powers of court under section 73, evidence act to direct an accused person to give his specimen writings. it arises out of these circumstances :2. pali ram, respondent along with har narain and 8 others was challaned by the police in respect of offences under section 120b/420/477a/467/471, penal code, before the additional chief judicial magistrate, delhi. the case being exclusively triable by the court of session, the magistrate started inquiry proceedings under section 207a, chapter xviii of the crpc, 1898. after most of the prosecution evidence had been recorded, an application dated december 11, 1970, was submitted on behalf of the prosecution. it was stated in the application that one of the basic documents (ex. pw. 21/f) tendered in evidence was, according to the prosecution, in the handwriting of pali ram : but it could not be got compared by a handwriting expert with any specimen writing of pali ram because the latter was absconding and had avoided to give any specimen writing. it was further stated that this document is a very vital link to establish the case against the accused and in the interest of justice, the court should direct pali ram accused to give his specimen writings, and forward the same along with the original documents marked p. 21/f to the government expert of questioned .....

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Feb 02 1978 (SC)

New Standard Engineering Company Ltd. Vs. N.L. Abhyankar and ors.

Court : Supreme Court of India

Decided on : Feb-02-1978

Reported in : AIR1978SC982; 1978(26)BLJR105; [1978(36)FLR190]; 1978LabIC712; (1978)ILLJ487SC; (1978)2SCC133; [1978]2SCR798; 1978(10)LC158(SC)

p.n. shinghal, j.1. the government of maharashtra referred to the industrial tribunal, bombay, the dispute between the new standard engineering company ltd. bombay (referred to as the company) and its workmen, for adjudication under section 10(1)(d) of the industrial disputes act, 1947, hereinafter referred to as the act. the order of reference was made on august 9, 1966, and it stated all the demands of the workmen. the tribunal give its award on ' november 29, 1972. it held, inter alia, that the revised wage scales and the scheme of dearness allowance shall come into force and the workmen shall be entitled to wages at the revised rates from january 1, 1968.2. the company challenged the award in the high court by a petition under articles 226 and 227 of the constitution which was fixed for hearing on july 30, 1973. an application was made for an adjournment, but to no avail. the dictation of the judgment commenced on july 31, 1973 and was concluded on august 1, 1973. one of the points which was urged in the high court was that the company had arrived at a settlement with the union known as the bhartiya kamagar sena (respondent no. 3) and an award may be made in terms of that settlement, or a direction may be given to the tribunal to consider whether the settlement was fair and reasonable-it was brought to the notice of the high court that some workers had already accepted the settlement and some more may accept it. the request for adjournment on that account, as well as the .....

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Feb 21 1978 (SC)

In Re: S. Mulgaokar

Court : Supreme Court of India

Decided on : Feb-21-1978

Reported in : (1978)3SCC339; [1978]3SCR162

order1. the matter before us arises out of a publication in the indian express newspapers dated 13th december, 1977. some people perhaps believe that attempts to hold trials of everything and everybody by publications in newspapers must include those directed against the highest court of justice in this country and its pronouncements. if this is done in a reasonable manner, which pre-supposes accuracy of information about a matter on which any criticism is offered, and arguments are directed fairly against any reasoning adopted, i would, speaking for myself, be the last person to consider it objectionable even if some criticism offered is erroneous. in bennett coleman & co. and ors. v. union of india and ors. : [1973]2scr757 :john stuart mill, in his essay on 'liberty', pointed out the need for allowing even erroneous opinions to be expressed on the ground that the correct ones become more firmly established by what may be called the 'dialectical' process of a struggle with wrong ones which exposes errors. milton, in his 'areopagitica' (1644) said :'though all the winds of doctrine were let loose to play upon the earth, so truth be in the field, we do injuriously be licensing and prohibiting to misdoubt her strength. let her and falsehood grapple; whoever knew truth put to the worse, in a free and open encounter ?.... who knows not that truth is strong, next to the almighty; she needs no policies, no stratagems, no licensings to make her victorious; those are the shifts and .....

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Aug 17 1978 (SC)

Madhav Hayawadanrao Hoskot Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Aug-17-1978

Reported in : AIR1978SC1548; 1978CriLJ1678; (1978)3SCC544; [1979]1SCR192; 1978(10)LC847(SC)

krishna iyer, j.1. a short paragraph might perhaps have been sufficient as obituary note on this special leave petition but two basic issues-one of prison justice and the other of sentencing caprice-challenge our attention and deserve more elaboration.2. the facts, more flabbergasting than fantasy, present themselves in this special leave petition. the appeal is against a conviction concurrently rendered for a novel and daring set of crimes and follow-up sentence of three year prison term. the offence is bizarre, the offender perplexing, the sentence incredibly indiscreet at the sessions court stage but reasonably just at the high court level and, to cap it ail, the delay in seeking leave from this court is doubly shocking because it is inordinate and implicates the prison administration.3. a miniaturised version of the prosecution, which has culminated in the conviction, is all that is necessary in view of the ultimate order we propose to make. the petitioner, a reader in the saurashtra university, claims to be a ph. d. of karnataka university, although there is a controversy as to this high academic qualification being a fabrication. in the present case we are not concerned with it directly. his moot academic proficiency apart, his abortive enterprise in another field has landed him in the present criminal case. according to the prosecution, dr. hoskot, the petitioner, approached dabholkar, a block-maker of bombay, placed an order to prepare an embossing seal in the name of .....

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Apr 26 1978 (SC)

Shankaria Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Apr-26-1978

Reported in : 1978CriLJ1251; (1978)3SCC435; [1978]3SCR736

1. this appeal by special leave is directed against a judgment of the high court of rajasthan, by which the order of the sessions judge, ganganagar, convicting the appellant under section 302 penal code and sentencing him to death for the double murder of two persons in village takhat hazara, was confirmed.2. the facts of the prosecution case are as follows :a first information report was lodged on september 9, 1973 at about 7.30 a.m. by one shyam singh in police station sadul sahar, to the effect that when he in the morning went to the gurdwara of his village at about 7 a.m. for brooming and burning incense, as usual, he found three persons, one of whom, mada singh, lay groaning on a cot. the informant went back to the village, contacted jagar singh, hari singh, sukhdarshan singh, amar singh and ors., and in their company returned to the gurdwara. it was then detected that kartar singh son of hari singh lay dead on a cot with injuries on his head. the other two persons, mada singh and wazir singh, were lying injured. the locks of the rooms were found broken and the goods lay scattered. after registering the case, the station house officer, bhagwan singh, reached the scene of occurrence. he prepared the site plan (ex. p-8) and a connected explanatory note in which he recorded the physical facts noticed by him at the spot. among other things, he found one blood stained kassi (article 1) and a dibbi (small tin-box)(article 2). some coins were also lying scattered there. he .....

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Oct 26 1978 (SC)

Rajendra Singh Yadav Vs. Chandra Sen and ors.

Court : Supreme Court of India

Decided on : Oct-26-1978

Reported in : AIR1979SC882; (1979)4SCC111; 1978(10)LC862(SC)

v.r. krishna iyer, j.1. exordially speaking, the point for decision is short but its legal import and human portent are deep, sounding in constitutional values and meriting incisive examination. where the question wears a simple look but its answer strikes at life and liberty we must proceed on the inarticulate major premise of human law as the solemn delivery system of human justice. in formal terms, the problem to be resolved is the vires of order xxi, rule 15(1)(c) of the supreme court rules (the rules, for short), but in juristic terms it turns on the inflexible stages as against its facultative facets of an appellate hearing when it is a first appeal against a death sentence or life imprisonment. more particularly, is an appeal to the supreme court falling within the scope of article 134(1) or the enlarged jurisdiction permitted by article 134(2) liable to shorthand hearing and peril of summary dismissal brevi manu, the appellant urges that article 134 of the constitution compels this court to hear and dispose of criminal appeals of the grave categories covered by it, not ex parte as order xxi rule 15(1)(c) of the rules permits but in extenso, and only after notice to the state and with the record of the case before it. therefore, the rule is bad.2. any legal issue of profound impact, if regarded by judges literally and not creatively, may be given short shrift, especially if counsel is more assertive than explorative, produces more heat than light and the text to be .....

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Sep 11 1978 (SC)

Basti Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh and anr.

Court : Supreme Court of India

Decided on : Sep-11-1978

Reported in : AIR1979SC262; [1978(37)FLR265]; 1979LabIC129; (1978)IILLJ412SC; (1979)2SCC88; [1979]1SCR590

krishna iyer, j.1. undaunted by a direction of the state government under the uttar pradesh industrial disputes act, 1947 (the u.p. act, for short), unsuccessfully attacked before a learned single judge and in appeal from his judgment, the appellant-owner of two sugar factories in uttar pradesh-has secured special leave to reach this court and press before us a few jurisdictional points which, if valid, are deprivatory of the impugned notification under section 3(b) of the act. before we open the discussion, and, indeed, as paving the way for it, we may remind ourselves of a jural fundamental articulated elegantly in a different context by mr. justice cardozo benjamin nathan cardozo benjamin nathan cardozo 'what medicine can do for law' address before the new york academy of medicine, nov. 1, 1928-readings in law and psychiatry :more and more we lawyers are awaking to a perception of the truth that what divides and distracts us in the solution of a legal problem is not so much uncertainty about the law as uncertainty about the facts-the facts which generate the law. let the facts be known as they are, and the law will sprout from the seed and turn its branches toward the light.2. social realities mould social justice and the compulsions of social justice, in the context of given societal conditions, constitute the basic facts from which blossom law which produces order.3. the search for the social facts behind section 3 of the u.p. act takes us to the objects and reasons act .....

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