R VS Lichniak - 25 Nov 02

Mandatory life sentence for murder has a denunciatory value, expressing society s view of a crime which has long been regarded with peculiar abhorrence.

India - Supreme Court


Sk. Mohammad Osaid VS Sk. Abdul Wahid - 09 Apr 85

Bihar State Weaker Section Legal Aid Act 1983-Sec 17-Notification exempting payment of Court fee-Income of plaintiffs can not be clubbed together for assessment of income -Income of each individual plaintiff has to be seen for the purpose of exemption-Jointness of the causes of action can not be looked into (Para 11 & 13)Interpretation of Statutes-Fiscal statutes Interpretation in favour of the subject has to be taken (Relied on AIR 1976 S.C. 1503 & AIR 1978 Cal 12) (Para 8)-Plain meaning-Where the language is plain even though the provision may be capable of misuse by clever manipulation. (Pata 10)

India - Bihar


Kush Dairy Limited VS H. P. Printers Pvt. Ltd. - 08 Apr 13

Arbitration and Conciliation Act, 1996 - Section 8 r/w Order 37 Rule 3(5) read with Section 151 CPC - Waiver of right to invoke arbitration clause - Defendant relied upon the arbitration clause contained in the Agreement and submitted that the present suit ought to be referred to arbitration - Application also filed by the defendant seeking unconditional leave to defend the present suit - Held: action of the defendant in filing its own suit amounted to waiving its right to invoke or enforce the arbitration clause - Defendant granted unconditional leave to defend the suit - Application allowed - Appeal dismissed.

India - Delhi


Rakesh VS State of Rajashtan - 03 May 00

In absence of evidence that finger prints were given by accused voluntarily, finger print expert evidence that chance finger print tallied with specimen prints could not read against accused.

India - Crimes


Flemingo Duty Free Shops Private Limited, Mumbai VS State of Karnataka - 22 Jul 09

STANDARDS OF WEIGHTS & MEASURES ACT, 1976 - Sections 2(i), 31, 39 & 83 & Preamble & Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Rules 1(3) & 6, Standards of Weights & Measures (Enforcement) Act, 1985, Section 33 & Customs Act, 1962, Sections 2(23) & 58: [Anand Byrareddy, J] Goods brought from abroad and sold at duty-free shops at arrival and departure terminals of international airport to international travellers against approved foreign currency - Held, The petitioner operates duty-free shops at the international arrival and departure terminal of the BIA. The said shops are customs bonded warehouses within the meaning of Section 58 of the Customs Act. The goods sold are brought from abroad and are packaged commodities. The same can be sold only to international travellers with travel documents and only against approved foreign currency. The goods displayed are brought from customs bonded warehouses and are goods which are not cleared for home consumption. The...

India - Karnataka


Central Secretariat Stenographers Service Association VS Central Secretariat Service, Direct Recruit Assistants Association - 26 May 10

Central Secretariat Service Section Officers Grade/Stenographers Grade B (Limited Departmental Competitive Examination) Regulations, 1964 - Regulations 23 & 4 - Quashing of Reg. 4 - Eligibility to sit in Limited Department Competition Examination for Section Officers - Rule 13 of Central Secretarial Service, 1962 - Since only a person who passes the LDCE is allowed to become a Section Officer, the test being common for both the Assistants and the Stenographers, both stand on an equal footing after passing the test and any difference in their qualifications and experience prior to the passing of test then becomes immaterial - Regulations 4 is not altra vires - Tribunal was not justified in taking contrary view to Joginder Lal Sawhney & Ors. v. Union of India, CWP 112/1995 - Writ Petition allowed.

India - Delhi


Krishan VS State of Haryana - 04 Mar 09

Criminal Law--Murder--Circumstantial evidence--Hostile witness--Appeal against conviction--Case of blind murder as dead body of deceased was found lying in abandoned plot--Material witnesses not supporting case of prosecution and turned hostile--Chain of prosecution case not complete and link evidence missing--Prosecution story seems to be suspicious if statement of all witnesses alongwith circumstances are considered together--Circumstantial evidence not sufficient to hold accused guilty for alleged offence beyond reasonable doubt--Accused acquitted--|Penal Code, 1860, Section 302 and 201. (Paras 17, 18, 22, 23, 24 & 25)

India - Punjab


Maarufkhan Firozkhan Pathan VS State of Gujarat - 03 May 19

Service Law – Deputy Section Officer (In the Subordinate Secretariat Service) Recruitment Rules, 2009 – Rule 2(B) – Government Resolution – Interim relief – Gujarat Public Service Commission – Sought for in Civil Application filed by them on ground that all of them at present are working as Deputy Section Officers in various Departments of Secretariat of the State of Gujarat – It is their case that Gujarat Public Service Commission, pursuant to requisition sent by State of Gujarat, had issued an advertisement dated 28.01.2011 inviting applications for direct recruitment to the post of Deputy Section Officer and upon successful clearance of the above examination, appointment orders were issued on 02.06.2012, though on fixed pay and on such terms stipulated in the order, they continue in service till date – Appellants that post of Deputy Section Officer is governed by Rules, 2009, and the said Rules stipulate three means by which recruitment to the post of Deputy Section Officer can be m...

India - Gujarat


Truck Owners Association VS State of M. P. - 12 Nov 09

National Highways Act, 1956 (M.P.) -- S. 9 -- National Highways (Fees for the use of National Highway Section and Permanent Bridge Public Funded Project) Rules, 1997 -- Rr. 2, 5 and 11 -- Rule 11 which provides that the fee be collected in perpetuity is bad -- however, agency would be entitled to recover the cost of the road/bridge and also the cost for its maintenance or its repairs/upkeep. (2001) 9 SCC 328 followed. [Para 14jk"Vªh; jktekxZ vf/kfu;e] 1956 ¼e-iz-½ & /kkjk 9 & jk"Vªh; jktekxZ ¼jk"Vªh; jktekxZ [kaM vkSj LFkk;h iqy ds mi;ksx ds fy, ‘kqYd & lkoZtfud :i ls foRr&iksf"kr ifj;kstuk½ fu;e] 1997 & fu- 2] 5 rFkk 11 & fu;e 11 tks mica/k djrk gS fd Qhl ‘kk‘or :i ls ,d= dh tk,xh] nwf"kr gS & rFkkfi] vfHkdj.k lM+d@iqy dh ykxr rFkk bldks cuk, j[kus vFkok bldh ejEer@vuqj{k.k ds fy, ykxr Hkh olwy djus ds fy, gdnkj gksxkA ¼2001½ 9 ,l lh lh 328 vuqlfjrA¼iSjk 14½

India - Madhya Pradesh


M. Nujumudeen VS City Police Commissioner of Police - 29 Jun 11

Kerala Headload Workers Rules, 1981 - Rule 26A - Kerala Headload Workers (Regulation of Employment and Welfare) Scheme, 1983 - Clause 6 - Grievance that his permanent workmen, who admittedly do not have registration under Rule 26A are being obstructed by respondent Nos.5 to 11 in performance of headload work done by them - This is not justifiable - Police protection is claimed to enable such permanent workmen without registration for undertaking headload work in the establishment - Employer claims protection of his right to employ such workmen - Whether such workmen represented by respondent Nos.5 to 11 have registration under Rule 26A or not - Held, Worker has no registration under Rule 26A, he can work and he can be employed by any employer in any area in which 1983 Scheme has not become functional - Where other two Schemes (the 1995 Scheme and the 1999 Scheme) have become functional also, under Act or Rules or those schemes - There is no embargo against such employment of unregister...

India - Kerala