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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 4 of about 76 results (0.094 seconds)

Aug 09 1978 (SC)

Mehtab Singh Vs. State of U.P.

Court : Supreme Court of India

Decided on : Aug-09-1978

Reported in : AIR1979SC1263; 1979CriLJ1077; (1979)4SCC597; 1979(11)LC146(SC)

orderv.r. krishna iyer, j.1. the question of law raised in the special leave petition being one which is likely to arise in more than one case, we have granted leave and heard arguments and proceed to judgment right away,2. the short point is whether a fine imposed by a criminal court upon a convict can be realised more than six years after the date of the sentence if the appellate court or the revisional court has stayed or suspended the collection of the fine.3. the appellant had been sentenced to two years' rigorous imprisonment and a fine of rs. 20s000/- as early as 1964. more than six years there after the state tried to levy the fine and so the aggrieved appellant moved the high court under section 482, cr. p. c. to quash the order of the sessions judge directing levy of the fine. the high court, however, declined to demolish the levy proceedings because the appellant had got the levy of the fine suspended all through when he had gone up in appeal against the conviction and the sentence including the sentence of fine.4. section 70 of the indian penal code reads :the fine, or any part thereof which remains unpaid, may be levied at any time within six years after the passing of the sentence, and if, under the sentence, the offender be liable to imprisonment for a longer period than six years, then at any time pre7vious to the expiration of that period; and the death of the offender does not discharge from the liability any property which would, after his death, be legally .....

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Aug 16 1978 (SC)

Lakshmi NaraIn and ors. Etc. Etc. Vs. District Excise Officer, Fatehpu ...

Court : Supreme Court of India

Decided on : Aug-16-1978

Reported in : AIR1978SC1476; [1979]1SCR161

krishna iyer, j.1. we have today disposed of a batch of writ petitions arising under the punjab excise act, 1914 (annexure a). there the petitioner had challenged section 59(f)(v) and rule 37 as unconstitutional. in the present batch of writ petitions the contention is identical except that the enactment and rule are formally different but in pari materia. section 41(e)(v) of the u.p. excise act empowers the excise commissioner to make rules fixing the days and hours during which licensed premises may be kept opened or closed. rule 13 b is one such rule which forbids sale of liquor 'on all tuesdays as well as the first day of every month'. aggrieved by rule 13b (as amended), because it prohibits liquor trade on the 1st of every month the petitioners, who are licensees, have come up to this court challenging its vires. rule 13 b reads thus :13b. all excise shops (including foreign liquor country spirit, home drugs, opium (tari and outs till shops) shall not be kept open on independence day (august 15) mahatma gandhi birthday (october 2) and on the day of mahatma gandhi's tragic death (january 30) every year and also on all tuesdays as well as on the first clay of every month.provided that if the first day of the month happen to be a public holiday, the day next following of that month shall be the day on which the excise shops shall not be kept open. provided further excise commissioner, may in consultation with the collector of the district concerned, waive the condition of .....

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Aug 16 1978 (SC)

P.N. Kaushal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-16-1978

Reported in : AIR1978SC1457; (1978)3SCC558; [1979]1SCR122

krishna iyer, j.1. what are we about a raging rain of writ-petitions by hundreds of merchants of intoxicants hit by a recently amended rule declaring a break of two 'dry' days in every 'wet' week for licensed liquor shops and other institutions of inebriation in the private sector, puts in issue the constitutionality of section 59(f)(v) and rule 37 of the punjab excise act and liquor licence (second amendment) rules, (hereinafter, for short, the act and the rules). the tragic irony of the legal plea is that article 14 and 19 of the very constitution, which, in article 47, makes it a fundamental obligation of the state to bring about prohibition of intoxicating drinks, is pressed into service to thwart the state's half-hearted prohibitionist gesture. of course, it is on the cards that the end may be good but the means may be bad, constitutionally speaking. and there is a mystique about legalese beyond the layman's ken !2. to set the record straight, we must state, right here, that no frontal attack is made on the power of the state to regulate any trade (even a trade where the turn-over turns on tempting the customer to take reeling rolling trips into the realm of the jocose, belliocose, lachrymore and comatose). resort was made to a flanking strategy of anathematising the statutoryregulatory power in section 59(f)(v) and its offspring, the amended rule interdicting sales of tipay ecstasy on tuesdays and fridays, as too naked, unguided and arcane and, resultantly, too .....

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Aug 16 1978 (SC)

The State of Maharashtra and ors. Vs. Atma Ram Sadashiv Dongarwar and ...

Court : Supreme Court of India

Decided on : Aug-16-1978

Reported in : AIR1978SC1635; 1979MhLJ41(SC); (1978)4SCC170; [1979]1SCR163; 1978(10)LC644(SC)

jaswant singh, j.1. this appeal by certificate granted under article 133(1)(c) of the constitution by the high court of judicature at bombay (nagpur bench) which is directed against its judgment and order dated july 5, 1967 in special civil application no. 893 of 1965 raises an important question of law as to the right of the state to levy and collect water charges from the respondents under the central provinces irrigation act, 1931 (act no. iii of 1931) for appropriation for irrigation purposes of water from navegaon bandh tank in tehsil sakoli, district bhandara.2. the facts giving rise to this appeal are :as already indicated, there is in village navegaon, tehsil sakoli, district bhandara, which formed part of the erstwhile state of madhya pradesh, a very large reservoir of water called navegaon bandh tank which is said to have been constructed some 300 years ago by one kawdu patel. the tank which is over an area of land admeasuring nearly 3200 acres has, since the time of its construction, been the main source of supply of water to the rice and sugarcane growing areas of five villages viz, mouza navegaon, deolgaon, mungli, yerandi and kholi comprising about 2688 acres of land which is held partly by the quondam malguzars including respondents 1 to 8 and partly by the tenants including respondents 9 to 20. the said tank came to vest in the state under the madhya pradesh abolition of proprietary rights (estates, mahals and alienated lands) act, 1950 (act no. 1 of 1951). in .....

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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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Aug 18 1978 (SC)

R.G. Anand Vs. Delux Films and ors.

Court : Supreme Court of India

Decided on : Aug-18-1978

Reported in : AIR1978SC1613; (1978)4SCC118; [1979]1SCR218

fazal ali, j.1. this appeal by special leave is directed against the judgment of the delhi high court dated 23rd may, 1967 affirming the decree of the district judge, delhi and dismissing the plaintiffs suit for damages against the defendants on the ground that they had violated the copyrighted work of the plaintiff which was a drama called 'hum hindustani'.2. the facts have been succinctly stated by the district judge in his judgment and summarised by the high court, and, therefore, it is not necessary for us to repeat the same all over again. we would, however, like to give a brief resume of some of the striking facts in the case which may be germane for the purpose of deciding the important issues involved in this appeal. we might mention here that the high court as also the district judge negatived the plaintiff's claim and prima facie the appeal appears to be concluded by finding of fact, but it was rightly argued by mr. andley appearing for the appellant that the principles of violation of copy-right in the instant appeal have to be applied on the facts found and the inferences from proved facts drawn by the high court which is doubtless a question of law and more particularly as there is no clear authority of this court on the subject, we should be persuaded to go into this question without entering into findings of facts. having heard counsel for the parties, we felt that as the case is one of first impression and needs to be decided by this court, we should enter .....

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Aug 22 1978 (SC)

State of Uttar Pradesh Vs. Boota Singh and ors.

Court : Supreme Court of India

Decided on : Aug-22-1978

Reported in : AIR1979SC564; (1979)1SCC31; [1979]1SCR298

fazal ali, j.1. this appeal by special leave is directed against the order of the allahabad high court dated 29th september, 1970 by which the high court acquitted the respondents of the charges framed against them by the sessions judge, dehra dun.2. the sessions judge, dehra dun by his order dated 16th july, 1969 convicted the respondents boota singh, asa singh, trilok singh and raghubir singh under section 302 read with section 34 i.p.c. and also under section 120b i.p.c. boota singh, trilok singh and asa singh were sentenced to death under section 302 read with section 34 and section 120b i.p.c. while raghubir singh was sentenced to imprisonment for life for the offence under section 302 read with section 34 and section 120b i.p.c. the four respondents mentioned above were also convicted under section 364 read with section 34 and section 120b i.p.c. and section 394 read with section 34 and section 120b i.p.c. and each of them were sentenced to rigorous imprisonment for seven years under each count. boota singh was further convicted of the offence under section 419, i.p.c. and section 471 read with section 465 i.p.c. and section 471 read with section 466 i.p.c. and sentenced to rigorous imprisonment for two years, one year and four years respectively. as three of the respondents, viz., boota singh, trilok singh and asa singh were sentenced to death, the sessions judge made a reference to the high court of allahabad for confirmation of the sentence of death. the respondents .....

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Aug 30 1978 (SC)

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-30-1978

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

..... its behalf. shri tarkunde has made legal submissions fuelled by passion for jail reforms. the intervention of social welfare organisation in litigative processes pregnant with wider implications is a healthy mediation between the people and the rule of law. wisely permitted, participative justice, promoted through mass based organizations and public bodies with special concern seeking to intervene, has a democratic potential ..... past and smooth reconciliation with a radical constitutional value-set are the object, uses the art of reading down and reading wide, as part of interpretational engineering. judges are the mediators between the societal tenses. this court in r.l. arora v. state of uttar pradesh and ors. : [1964]6scr784 and in a host of other cases, has lent precedential support .....

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Aug 30 1978 (SC)

Sarwan Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-30-1978

Reported in : AIR1978SC1525; 1978CriLJ1598; (1978)4SCC111; [1979]1SCR383

kailasam, j.1.the two criminal appeals nos. 59 and 60 of 1972 are by special leave. criminal appeal no. 59 of 1972 is preferred by sarwan singh, karnail singh, zora singh and malkiat singh, while criminal appeal no. 60 of 1972 is by bachan singh against their conviction and sentence imposed on them by the trial court and confirmed by the punjab and haryana high court in criminal appeal no. 512 of 1970. this court granted special leave in both cases limited to the question as to whether the offence committed by the appellants is one punishable under section 300 i.p.c. or under any part of section 304 i.p.c.2. the facts necessary for determining what offence the accused were guilty of may be stated. sant singh is the father of sarwan singh, bachan singh and mewa singh. sarwan singh is the first appellant in criminal appeal no. 59 of 1972 and bachan singh is the sole appellant in criminal appeal no. 60 of 1972. the deceased mewa singh is their brother. sarwan singh had two sons, zora singh and karnail singh who are appellants nos. 3 and 2 in criminal appeal no. 59 of 1972. sarwan singh's daughter was married to malkiat singh who is the fourth appellant in criminal appeal no. 59 of 1972. pending appeal, sarwan singh and bachan singh have died and their appeals have abated. we are therefore concerned only with karnail singh, zora singh and malkiat singh who are appellants nos. 2, 3 and 4 in criminal appeal no. 59 of 1972.3. the deceased is the brother of the two accused and .....

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Aug 31 1978 (SC)

Modan Singh Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Aug-31-1978

Reported in : AIR1978SC1511; 1980CAR175; 1978(84)CriLJ1531; 1978(4)SCC35; 1978CRLR631; 1979SCC(Cri)56

kailasam, j.1. this appeal is preferred by modan singh under section 2 of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 against the judgment of the high court of rajasthan in criminal appeal no. 664 of 1968 reversing the order acquittal of the appellant by the session judge.2. the appellant, modan singh, and one sampuran singh, were tried by the session judge of ganganagar for causing the death of one prithvi singh on december 16, 1966 and acquitted.3. the case for the prosecution may be briefly stated. jugraj singh, pw 1 was a resident of the village of banwala and was sarpanch of gram panchayat of the village. on the evening preceding the night of the occurrence, prithvi singh, the deceased came to pw 1's house and requested him to provided accommodation for the night. pw 1 allowed him to stay in an outer room of his house. while pw 1 was talking with others, the two accused, sampuran singh and modan singh, appellant herein, came there with mewa singh, pw 10, belonging to banwala. at that time, the appellant, modan singh had a pistol, container and bandolier on his shoulder. sampuran singh had a pistol. pw 1 served both the accused with food and provided beds for them in the room where the deceased, prithvi singh was staying. when pw 1 left the room, the two accused, sampuran singh and modan singh and the deceased, prithvi singh and mewa singh, pw 10 were together. in the morning when pw 1 went to the outer room, he found the shutter open and .....

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