Court : Supreme Court of India
Decided on : May-06-1977
Reported in : AIR1977SC1926; 1977CriLJ1557; (1977)3SCC287; 1SCR153
..... it for a correct judgment in the proper pei-sohalised, punitive treatment suited to the offender and the crime...18. likewise, shri justice dua (as he then was) of the punjab high court had indicated the guidelines on the application of the rehabilitative theory in lekharaj & ors v. state where the learned judge had pointed out the relevance of the offender ..... or mitigating, which are connected with the particular crime under enquiry. all such facts and circumstances are capable of being proved in accordance with the provisions of the indian evidence act in a trial regulated by the cr. p.c. the trial thus does not come to an end until all the relevant facts are proved and the counsel on both .....Tag this Judgment!
Court : Kerala
Decided on : Jul-18-1977
Reported in : 1978CriLJ528
..... any person by himself or by any servant or agent. there is therefore no doubt that turmeric powder is food for purposes of the act. (see also ram labhaya v. delhi municipality : 1974crilj672 .5. the further point to be considered is whether there will be any difference if turmeric powder is sold or exhibited ..... , dist. board v. atul chandra air 1933 cal 619 : 34 cri lj 1081.12. the question came up before the orissa high court, in puri municipality v. k. c- anjanayan, whether in a prosecution for sale of adulterated ghee unfit for human consumption the plea is available that it was meant for lighting ..... it is the normal use and not its occasional use that should be taken into account for deciding whether an article is food.10. in kanpur municipality v. janaki prasad air 1968 all 433 : 1963-2 cri lj 244 a full bench of the allahabad high court had occasion to consider whether ..... an offence even if the sale was for the purpose of external application,8. defence taken in the above line was overruled by the patna high court in patna municipal conpn. v. dularchand : air1964pat565 jamshedpur n- a. tcojaranittee v. durga prasad, (1969 cri lj 704i) ;(pat) and also in dilo sao v. state ..... consumption but for agricultural purpose. the court held that since asafoetida is food within the meaning of the act, its occasional use for other purposes would not take it out of the category of food. the punjab high court again considered the question in manohar lai v. state (ilr (1970) 1' punj and har .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jul-13-1977
Reported in : 1978CriLJ53
..... reflects and incorporates the modern approach and latest trend in penology.'the above principle was followed in jai narain v. the municipal corporation delhi : 1973crilj49 . it was held that : adulteration of 'food' being a menace to public health and the act having been enacted with the aim of eradicating that anti-social evil, the court should not lightly resort to the provisions ..... . mr. justice krishna iyer after referring to the, case of isher dass v. state of punjab w2 cri lj 874 (sc) (supra) observed that 'the rehabilitatory purpose of the probation of offenders act, 1958 is pervasive enough technically , to take within its wings . n offence even under the act.' but,a note of caution was sounded in these words:- (at p. 878 of ..... a lenient view of the matter and extend them the benefit of the probation of offenders act. the question of applying the provision of that act to an offence under the prevention of food adulteration act came up before the supreme court in isher dass v. state of punjab : 1972crilj874 where the offender was below 21 years of age. the trial court released him ..... a request was made for the application of the provisions of probation of offenders act. the supreme court confirmed the sentence passed by the trial court, and declined to release the offenders on probation of good conduct. the distinction pointed out ,in isher; dass v. state of punjab 1972 cri lj 874 (sc) (supra) between the offenders above 21 years of age .....Tag this Judgment!
Court : Delhi
Decided on : Dec-02-1977
Reported in : AIR1978Delhi255; 14(1978)DLT153; 1978RLR205
..... 10)m/s. badrimal ramcharan & co. v. m/s. gana kaul & sons air 1971 j&k; 109; (11)m/s. chandrabhan bansilal ramratan dass v. itic municipal council, bikaner and (12)ram kumar shew chandrai v. dominion of india. : air1977cal37 .(19) the decisions in which a different view has been taken are the following. ..... interpretation. in firm buta mal dev raj v. chanan mal and others, air 1964 p&h; 270(8), a division bench of the high court of punjab, falshaw c.j.. and harbans singh j' also dissented from the said view of the division bench of the patnar high court.(21) in bharat sarvodya mills ..... a division bench of the high court of gujarat, j. b. mehta and b. g. thakore jj., held that the provision in section 4 of the partnership act shows that the expression 'firm' is only a! collective term for the partners and it docs not create any distinct legal entity, that the meaning of the expression ..... larger bench, the learned judge referred the following question :- 'whetherthe expression 'persons suing' in section 69(2) of the act means 'all the partners of the firm who were its partners at .the time of the accrual of the cause of action' or it means' all the ..... judge noticed that there was a conflict of judicial opinion as regards the scope of the expression 'persons suing' in section 69(2) of the indian partnership act, 1932. considering that the said question of law is one which arises frequently in suits instituted by firms and, thereforee, requires to be decided by a .....Tag this Judgment!
Court : Delhi
Decided on : Jul-28-1977
Reported in : ILR1978Delhi92; 1978RLR405
..... reason for such action under section 190(1)(c) (new).(19) my attention has been drawn to only three decisions, two of this court and one by the punjab & haryana high court, rendered under the new code. v. d. misra, j. had occasion to consider this question in duli chand v. state (cr. m ..... and the file containing the records under section 173 warranting the issue of summons. the learned magistrate has not even indicated that he was not acting on suspicion as he might have done under the old code. i am now only concerned with the question whether the magistrate was justified in ..... criminal courts being enabled to act 'on suspicion' which was not in consonance with the strictly judicial approach which alone the courts could bring to bear on any controversy before them. ..... in the above decision, observed that the magistrate had 'wide power'; the dropping of the expression 'or suspicion' has eliminated the power of the magistrate to act 'on suspicion'.(13) the genesis of the above was that the law commission of india, in its 41st report, expressed its displeasure in the matter of ..... an accused) has to be appreciated.(11) the entire scheme in this respect of the code of criminal procedure, as it stood prior to the new code (act 2 of 1974), has been fully explained by vaidialingam, j speaking for the supreme court in abhinandan jha v. dinesh mishra : 1968crilj97 . i shall, thereforee .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-14-1977
Reported in : AIR1977SC1011; (1977)2SCC155; 2SCR973
..... a decree for the net balance of rs. 7,464/4/-. this he did in purported compliance with the high court's direction. he was bound by it and to act contrary to a higher court's order is to be subversive of the discipline that the rule of law enjoys in our hierarchical justice system. the trial judge, in recording .....Tag this Judgment!
Court : Orissa
Decided on : Dec-19-1977
Reported in : 45(1978)CLT369; 1978CriLJ1050
..... i.p.c. would afford protection to the petitioner in this case and the act of the petitioner in storing the mustard oil would not amount to an offence. reliance was placed on a decision of the punjab and haryana high court reported in 1973 cr lj 721 (municipal committee, amritsar v. arjan singh). but the facts of that case are clearly distinguishable ..... that point. but it appears that the above evidence of the food inspector was not at all challenged by cross-examination. section 13(3) of the prevention of food adulteration act provides that the certificate issued by the director of the central food laboratory shall supersede the report given by the public analyst. sub-section (5) of that section also provides ..... orderp.k. mohanti, j.1. the petitioner has been convicted under section 16(1) of the prevention of food adulteration act, 1954 and sentenced to undergo r.i. for 3 months and also to pay a fine of rs. 500/- or in default to undergo r.i. for a further period .....Tag this Judgment!
Court : Delhi
Decided on : May-17-1977
Reported in : (1978)ILLJ122Del
..... if the claim of a workman is barred by time under the payment of wages act. reliance was also placed by ismail j., on the judgment of the punjab high court in municipal committee, tarn taran v. state of punjab 1967 2 l.l.j. 568 and the judgment of the gujarat high court in ..... , the rule of law being, as stated by lord selborne in seward v. vera cruz, that where there are general words in a later act capable of reasonable and sensible application without extending them to subjects specially dealt with by earlier legislation, you are not to hold that earlier and special ..... that the meaning sought to be given to this section by the petitioner, is entirely inconsistent with what is said in the payment of wages act, 1916 itself. that act applies in any case to persons employed in factories and persons employed in the railways, etc. it also enables the state government by notification ..... falls within the scope of an industrial adjudication which can only be ordered by the state government by making a reference under section 10 of the act. i think, the settled position may be summarised as follows:1. if the claim of a workman involves an adjudication of disputes which falls ..... suspension or whether this matter has necessarily to be referred to an industrial tribunal as an industrial dispute. the definition of ''industrial dispute' in the act shows that it is a dispute or difference between employers and employers, or between employers and workman, or between workmen and workmen, which is connected .....Tag this Judgment!
Court : Kerala
Decided on : Jun-17-1977
Reported in : AIR1977Ker166; (1978)IILLJ226Ker
..... effected in future thereafter, was a total surrender of legislative power and cannot be upheld as valid piece of legislation. devidas v. state of punjab (air 1967 sc 1895) and municipal corporation of delhi v. birla cotton spinning and weaving mills ltd. (air 1968 sc 1232), are the subsequent decisions of the supreme court ..... b. shama rao v. union territory of pondicherry (air 1967 sc 1480). in that well-known case. it was ruled that the provision in the act passed by the union territory of pondicherry making applicable not only the sales-tax law in force in the madras state at that time, but also all ..... learned judges in that case ultimately held that the words 'for the time being in force' refer to enactments existing at the commencement of the defence of india act, 1939 as well as those made thereafter. this was in union of india v. ramdas oil mills, air 1968 pat 352.' in malankara rubber & produce ..... defence of india act came into force. the high court of patna has dissented from the view taken by the calcutta high court as to the construction of the words ..... mukherjee (air 1954 cal 41). that concerned the expression 'for the time being in force' of section 19 (1) (g) of the defence ef india act, 1939 and in the context of that enactment the calcutta high court held that the expression refers only to laws which were actually in existence at the time the .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-20-1977
Reported in : 1978CriLJ109
..... the nature of the offence and the character of the offender it would not be desirable to deal with him under section 3 or 4 of the act but to award a sentence of imprisonment to him. the underlying object of the above provisions obviously is that an accused person should be given a ..... of section 4 of the probation of offenders act would have overriding effect and, shall prevail if the other conditions prescribed are fulfilled. those conditions are (1) the accused is found guilty of having committed ..... said thus (at pp 1298, 1299 of air) :-in this respect we find that sub-section (1) of section 4 of the probation of offenders act contains the words 'notwithstanding anything contained in any other law for the time being in force.' the above non obstante clause point to the conclusions that the provisions ..... of section 4 of the p. o. act point to the conclusion that their operation is not excluded in the case of persons found guilty of offences ..... . no doubt section 32 of the karnataka excise act prescribes for the first offence a minimum sentence of three months' rigorous imprisonment and fine of not less than rs. 100/-. but, as pointed out by the supreme court in isher das v. state of punjab air 1972 sc 1295 : 1972 cri lj 874, the provisions .....Tag this Judgment!