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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 6 of about 76 results (0.073 seconds)

Sep 13 1978 (SC)

Morcha Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Sep-13-1978

Reported in : AIR1979SC80; 1978CriLJ1710; (1979)1SCC161; [1979]1SCR744

jaswant singh, j.1. this appeal under section 2(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 (act 28 of 1970) raises a short question as to the nature of the offence made out against the appellant on the basis of the evidence adduced in sessions case no. 64 of 1966.2. the sessions judge, udaipur, who tried the appellant found on a consideration of the evidence led in the case including the direct testimony of mst. jelki (p.w. 3) and mst. modan (p.w. 8) that the appellant attacked his wife, mst. gajri with dagger (exh. 1) and caused injuries on her person out of which injury no. 2 which had injured the liver and caused the perforation of the large colon was sufficient to cause her death in the ordinary course of nature. despite this finding, the sessions judge convicted the appellant under section 304 part ii of the indian penal code and acquitted him of the charge under section 302 of the penal code in view of the fact that dr. laxmi narain (p.w. 1) who conducted the post mortem examination of the body of mst. gajri had said in the course of his examination that if immediate expert treatment had been available and emergency operation had been performed, there were chances of her survival. the sessions judge agreeing with the contention raised on behalf of the defence also found that according to the case of the prosecution itself, the accused had gone to the village of his in-laws to fetch mst. gajri and it was only on her refusal to .....

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Sep 15 1978 (SC)

Lily Kurian Vs. Sr. Lewina and ors.

Court : Supreme Court of India

Decided on : Sep-15-1978

Reported in : AIR1979SC52; 1978LabIC1644; (1979)2SCC124; [1979]1SCR820

sen, j.1. these appeals by special leave directed against the judgment of the kerala high court dated july 19, 1973, raise a question of far reaching importance. the question is whether an educational institution established and managed by a religious or linguistic minority is bound by the provisions of ordinance 33(4), chapter lvii of the ordinances framed by the syndicate of the university of kerala, under section 19(j) of the kerala university act, 1957.2. smt. lilly kurian, the appellant herein, was appointed as principal of the st. joseph training college for women, ernakulam in the year 1957. the college was established by the congregation of the mothers of carmal, which is a religious society of nnus belonging to the roman catholic church, and is affiliated to the university of kerala. it is administered by a managing board, and the provincial of the congregation is its president.3. on october 30, 1969, there was an unfortunate incident between the appellant and one p.k. rajaratnam, a lecturer of the college, placed on deputation by the government. on the basis of a complaint by rajaratnam, the managing board initiated disciplinary proceedings against the appellant and appointed a retired principal of the maharaja's college, ernakulam, to be the enquiry officer. the appellant did not participate in the proceedings. the attitude adopted by the appellant unfortunately was one of supreme indifference, taking the stand that the managing board had no competence whatsoever .....

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Sep 19 1978 (SC)

Avinder Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Sep-19-1978

Reported in : AIR1979SC321; (1979)1SCC137; [1979]1SCR845

krishna iyer, j.1. this heavy bunch of writ petitions impeaching the validity of a tax on foreign liquor raises a few familiar legal riddles. a rupee per bottle sold within every municipal town or city is the impugned levy, meant, according to the punjab government, to serve the twin purposes of replenishing the resources of municipal bodies reduced by house tax exemptions and of weaning drinkers from overly consuming foreign liquor as a prohibitionist gesture. to pick the pocket of every spirituous bibber of the higher brackets by a tiny tax may be but a feeble homage to article 47 of the constitution, and to finance welfare projects with this tainted tax may be queer gandhiana. the will to enforce 'dry' sobriety in society and to abolish massive human squaller by fleecing the fat few, is made of sterner stuff, maybe. but matters of means and ends, of policy and morality, are largely for the legislature and validity is the province of the court. we let slip the observation only because, from a certain angle, these dual grounds make odd companions and add to the credibility gap, although our focus is solely on the legality of the levy.2. it is better to begin with the story of the tax under challenge. the petitioners are all licensees to trade in foreign liquor including indian made foreign liquor. they are either wholesalers or retailers and pay excise duty and other fees and taxes including sales tax under the general sales tax law which imposes a levy of 10 per cent, on .....

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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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Sep 27 1978 (SC)

Venkatesh Dhonddev Deshpande Vs. Sou. Kusum Dattatraya Kulkarni and or ...

Court : Supreme Court of India

Decided on : Sep-27-1978

Reported in : AIR1978SC1791; (1979)1SCC98; [1979]1SCR955

desai, j.1. these two appeals by special leave arise from a suit filed by the respondents plaintiffs for recovering possession of land bearing survey nos. 487/1 to 487/6 situated at shirwal peta khandala from the appellant defendant. during the pendency of this suit a portion of the land in dispute was acquired under the land acquisition act and as both the plaintiffs and the defendant laid a claim to compensation, a reference was made under section 30 of the land acquisition act for determining the eligibility for the amount of compensation. the trial court decreed the plaintiffs' suit and first appeal no. 160 of 1966 was preferred by the defendant to the high court of bombay. following the decision of the trial court, the reference under section 30 of the land acquisition act was answered in favour of the plaintiffs-respondents and the defendant preferred first appeal no. 173 of 1966 to the high court. both the appeals were heard together and by its judgment dated 10/11 october, 1974 a division bench of the high court dismissed both the appeals with costs. thereupon the appellant preferred the present two appeals. as both the appeals arise from a common judgment, they were heard together and are being disposed of by this common judgment.2. facts necessary for appreciating the point of law canvassed in these appeals lie within a narrow compass. one dattatraya govind kulkarni, husband of plaintiff no. 1 and father of plaintiffs 2 to 6 had borrowed a tagai loan of rs. 12,000/- .....

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Sep 28 1978 (SC)

Ratilal Bhanji Mithani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Sep-28-1978

Reported in : AIR1959SC1979; 1979CriLJ41; (1979)2SCC179; [1979]1SCR993

sarkaria, j.1. this appeal by special leave is directed against a judgment, dated january 21, 1976, of the high court of judicature at bombay in criminal revision application no. 565 of 1969, whereby it set aside an order, dated february 26, 1969, of the chief presidency magistrate and directed the latter to restore case no. 244/c.w. of 1968 against the accused persons, excepting accused no. 7 (who is since dead) for being dealt with in the light of the observations made therein.2. the case was originally instituted on april 1, 1961 on the basis of a criminal complaint filed by the assistant collector (customs) in the court of the chief presidency magistrate, esplanade, bombay. it is alleged in the complaint that between august 1957 and march 1960, offences under section 120b, i.p.s., read with section 167(81) of the sea customs act, 1978, and section 5 of the imports and exports act, 1947, were committed by one ramlal laxmidutta nanda and seven others, including the appellant, who is accused no. 2 in the trial court. ramlal laxmidutta nanda was alleged to be the principal culprit. he died on september 15, 1960. as a result of a conspiracy, twenty-for consignments of goods came from abroad and were received in bombay. the conspiracy was carried out in this manner. by steamer, two consignments bearing similar marks would arrive such as m.t.s. m.i.s. marked in triangle. the first consignment would contain the genuine goods and the second consignment would contain less number of .....

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Sep 29 1978 (SC)

Baldev Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Sep-29-1978

Reported in : AIR1979SC1280; 1979CriLJ871; (1979)4SCC145

a.d. koshal, j.1. for the abduction and murder of inder singh, a resident of village lataur to police station mulepur of dist. patiala and for doing away with his dead-body, three other residents of the same village, namely, gurbachan singh aged 55, his son baldev singh aged 30, and the latter's brother hardev singh aged 27, were tried by shri jagwant singh, additional sessions judge, patiala, for offences under section 364, section 302 read with section 34, section 120b read with section 302 and section 201, of the indian penal code. two of the accused, namely, hardev singh and ms father were acquitted of all the charges. their co-accused baldev singh was, however, found guilty of murdering inder singh in furtherance of the common intention of himself and others and was convicted of an offence under section 392 read with section 34 of the i.p.c. the charges under section 864 and section 201 of the code were also found proved against him and he was convicted thereof. the sentences awarded to him were life imprisonment on the first count, rigorous imprisonment for five years on the second and rigorous imprisonment for three years on the third, all of them having been directed to run concurrently. his appeal was rejected by a judgment dated the 8th of october 1971 of a division bench of the high court of punjab and haryana and it is that judgment which is challenged before us in the present appeal.2. the prosecution case may be stated thus:- about a decade prior to the 21st .....

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Oct 04 1978 (SC)

Atlas Cycle Industries Ltd. and ors. Vs. the State of Haryana

Court : Supreme Court of India

Decided on : Oct-04-1978

Reported in : AIR1979SC1149a; 1979CriLJ927a; (1979)2SCC196a; [1979]1SCR1070

jaswant singh, j.1. during the course of on spot check carried out by him on december 29, 1964 of b.p. sheets lying in appellant no. i's factory at sonepat, the development officer (lme-1) of the directorate general of technical development, new delhi, discovered from an examination of the said appellant's account books that it had during the period intervening between january 1, 1964 and january 12, 1965, acquired black plain iron sheets of prime quality weighing 60.03 metric tons from various parties at a rate higher than the maximum statutory price fixed for such sheets by the iron and steel controller (hereinafter referred to as 'the controller') in exercise of the powers vested in him under clause 15(1) of the iron and steel (control) order, 1956 (hereinafter referred to as 'the control order. after the special magistrate had framed the charges and secured in the court of the special magistrate, ambala cantt. for an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 (act no. 10 of 1955) (hereinafter referred to as 'the act') as also for an offence under section 7 of the act read with clause 15(3) of the control order. after the special magistrate had framed the charges and examined sixteen prosecution witnesses, the appellants made an application before him on february 12, 1970 under section 251a(11) and 288(1) of the crpc, 1898 praying that in view of the submissions made therein, the case against them be not .....

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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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Oct 18 1978 (SC)

Ram Adhar Vs. State of U.P.

Court : Supreme Court of India

Decided on : Oct-18-1978

Reported in : AIR1979SC702; 1980CriLJ817; (1979)3SCC774; 1979(11)LC139(SC)

v.d. tulzapurkar, j.1. the appellant-accused was sentenced to death by the second temporary civil and sessions judge, kanpur under section 302 ipc for committing the murder of his uncle phool ghand in sessions case no. 279 of 1972 on november 25, 1972, which conviction and sentence were confirmed by the allahabad high court in criminal appeal no. 3336 of 1972 and reference case no. 128 of 1972. he has challenged his said conviction and sentence in this appeal by special leave granted on december 2, 1975. 2. the incident during the course of which phool chand was assaulted by the appellant-accused with a 'karauli' inflicting numerous injuries is said to have taken place on march 16, 1972, at about 6.00 p.m. in the 8 biswa field of phool chand in village bhagwantpur and the motive for the assault was property dispute. briefly stated the prosecution case was that deceased phool chand, whose only daughter had died some 16/17 years ago, had brought his son-in-law salig ram and three grand sons babu, chote lal and raghuraj (pw 1) to his village bhagwantpur and they were living with him. about 10 months prior to the occurrence phool ghand had executed a gift deed (ex. ka-27) in respect of his l/3rd separated share in the ancestral lands (admeasuring 111/2 bighas) in favour of smt. rajeshwar widow of babu (who had in the mean time died), chote lal and raghuraj (pw 1), this was not relished by the appellant-accused and his brother mahadev (nephews of phool chand. after the execution .....

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