bhavyagiri/InLegal-Sbert
Sentence Similarity • Updated • 407k • 2
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0 | 90,662,043 | 1. these appeals have arisen from the impugned judgment and order dated 11. 5. 2007 passed by the high court of delhi in writ petition ( civil ) nos. 2529 of 1985 ; 889 of 1986 ; 988 of 1986 ; 2155 of 1987 ; 2645 of 1987 ; and 2747 of 1987, by which and whereunder, the high court has quashed the land acquisition procee... | 0 |
1 | 90,662,043 | / persons interested which vide judgment and order dated 3. 3. 2005 held that the notification under section 6 of the act 1894 was within the period stipulated for the purpose after excluding the period during which the interim stay order passed by the high court remained into operation and where the objections have no... | 1 |
2 | 90,662,043 | ( hereinafter referred to as the act 2013 ) would not take away the proceedings initiated under the act 1894 by operation of law as provided under section 24 of the act 2013. in the instant case, in case, the appeals succeed on the main ground as to whether the successor officer could submit the report on 5a objections... | 2 |
3 | 90,662,043 | did not oblige the government to enquire into and consider any objection of the persons interested nor the act provided for right of hearing to the person whose interest stands adversely affected. 7. in nandeshwar prasad v. u. p. government, air 1964 sc 1217, this court dealt with the nature of objections under section... | 3 |
4 | 90,662,043 | held to be akin to a fundamental right. 10. thus, the limited right given to an owner / person interested under section 5 - a of the act, 1894 to object to the acquisition proceedings is not an empty formality and is a substantive right, which can be taken away only for good and valid reason and within the limitations ... | 4 |
5 | 90,662,043 | collected by his predecessor in office who had also accorded the hearing to the parties concerned. this court held that the order stood vitiated as it offended the basic principles of natural justice. 15. in view of the above, the law on the issue can be summarised to the effect that the very person / officer, who acco... | 5 |
6 | 90,662,043 | legislation has been passed with the objective of benefiting the land - losers, this interpretation is consistent with that objective and also added as a matter of abundant caution that the period spent in litigation challenging an award cannot be excluded for the purpose of determining whether the period of five years... | 6 |
7 | 90,662,043 | objections were heard by one land acquisition collector and after his transfer, the report had been submitted by his successor. in balak ram gupta v. union of india, ( 117 ) 2005 dlt 753 ( fb ), full bench of high court of delhi quashed the land acquisition proceedings in the said case exclusively on the ground that ob... | 7 |
8 | 90,662,043 | division bench. one of the hon ble judges vide his separate judgment was of the opinion that the proceedings would not lapse on the ground that the declaration under section 6 of the act 1894 had been made after a period of more than three years for the reason that it was covered by sub - section ( 2 ) i. e. on account... | 8 |
9 | 90,662,043 | question of prejudice could be said to be applicable in determining the violation of principles of natural justice. 28. in the instant cases, there had been challenge to the acquisition proceedings on various grounds including the manner in which objections under section 5 - a of the act 1894 had been decided. in some ... | 9 |
10 | 90,662,043 | not see any force in these appeals even on merit and the same are liable to be dismissed. in view of the findings and particularly in view of the interpretations given to section 24 ( 2 ) of the act 2013 in the judgments referred to herein above, it is not necessary to entertain any other ground whatsoever at the behes... | 10 |
11 | 90,662,043 | acquisition act, 1894 ( hereinafter referred to as ` the act 1894 ) and the original tenure holder had filed objections under section 5a of the act 1894, which have not been considered. the proceedings in this respect also had been quashed and admittedly, the actual and physical 2 possession of the land is with the res... | 11 |
12 | 90,662,043 | on 7. 6. 1985. in the year 3 1987 - 1988, the land acquisition officer made an award in respect of the land. 3. in respect of the same land covered by the same notification, various orders in various litigations pending before the high court had been passed. the writ petition filed by the present appellant was dismisse... | 12 |
13 | 98,425,580 | a. k. sikri, j. 1. the present special leave petition has been preferred against the impugned judgment / final order dated 8. 10. 2013 passed by the high court of punjab and haryana at chandigarh in criminal miscellaneous petition no. 27343 / 2013. it was a petition under section 482 of the code of criminal procedure (... | 13 |
14 | 98,425,580 | trial court, amritsar, for evidence. 6. during the pendency of trial proceedings, the matter has been compromised between the petitioners as well as the private respondent with the intervention of the panchayat on 12. 07. 2013. it is clear from the above that three years after the incident, the parties compromised the ... | 14 |
15 | 98,425,580 | hand, submitted that merely because an offence is non - compoundable under section 320 of the code would not mean that the high court is denuded of its power to quash the proceedings in exercising its jurisdiction under section 482 of the cr. p. c. he argued that section 320 ( 9 ) of the code cannot limit or affect the... | 15 |
16 | 98,425,580 | the code. once, it is found that compounding is permissible only if a particular offence is covered by the provisions of section 320 of the code and the court in such cases is guided solitary and squarely by the compromise between the parties, in so far as power of quashing under section 482 of the code is concerned, i... | 16 |
17 | 98,425,580 | have imprimatur of the court. 16. the question is as to whether offence under section 307 ipc falls within the aforesaid parameters. first limb of this question is to reflect on the nature of the offence. the charge against the accused in such cases is that he had attempted to take the life of another person ( victim )... | 17 |
18 | 98,425,580 | from the discussion behind the purpose of sentencing is that if a particular crime is to be treated as crime against the society and / or heinous crime, then the deterrence theory as a rationale for punishing the offender becomes more relevant, to be applied in such cases. therefore, in respect of such offences which a... | 18 |
19 | 98,425,580 | correctional objective of criminal law would have to be given more weightage in contrast with deterrence philosophy. punishment, whatever else may be, must be fair and conducive to good rather than further evil. if in a particular case the court is of the opinion that the settlement between the parties would lead to mo... | 19 |
20 | 98,425,580 | the proceedings in fir registered under section 307 ipc etc. on the ground that offence under section 307 was of serious nature and would fall in the category of heinous crime. in the case of shiji vs. radhika & anr. ( 2011 ) 10 scc 705 the court quashed the proceedings relating to an offence under section 354 ipc with... | 20 |
21 | 98,425,580 | faced with similar circumstances would be given identical treatment at the hands of law. it has, therefore, support from the human sense of justice as well. the force of precedent in the law is heightened, in the words of karl llewellyn, by that curious, almost universal sense of justice which urges that all men are to... | 21 |
22 | 98,425,580 | under section 307 ipc as well. however, apart from stating so, there is no detained discussion on this aspect. moreover, it is the other factors which prevailed with the court to accept the settlement and compound he offence, as noted above while discussing this case. on the other hand, in shambhu kewat ( supra ), afte... | 22 |
23 | 98,425,580 | when the matter is still under investigation, the high court may be somewhat liberal in accepting the settlement and quashing the proceedings / investigation. of course, it would be after looking into the attendant circumstances as narrated in the previous para. likewise, when challan is submitted but the charge has no... | 23 |
24 | 98,425,580 | are not compoundable, where the parties have settled the matter between themselves. however, this power is to be exercised sparingly and with caution. ( ii ) when the parties have reached the settlement and on that basis petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be ... | 24 |
25 | 98,425,580 | whether there is a strong possibility of conviction or the chances of conviction are remote and bleak. in the former case it can refuse to accept the settlement and quash the criminal proceedings whereas in the later case it would be permissible for the high court to accept the plea compounding the offence based on com... | 25 |
26 | 98,425,580 | at the stage of recording of evidence. at this juncture, parties entered into compromise on the basis of which petition under section 482 of the code was filed by the petitioners namely the accused persons for quashing of the criminal proceedings under the said fir. as per the copy of the settlement which was annexed a... | 26 |
27 | 98,425,580 | difficult to prove as to who caused these injuries. the chances of conviction, therefore, appear to be remote. it would, therefore, be unnecessary to drag these proceedings. we, taking all these factors into consideration cumulatively, are of the opinion that the compromise between the parties be accepted and the crimi... | 27 |
28 | 184,401,603 | 1. being aggrieved by the judgment delivered on 19th september, 2002 in income tax appeal no. 19 of 2001 by the high court of judicature of rajasthan, jaipur bench, this appeal has been filed by the assessee, which is a co - operative society. when the appeal was called out for hearing, none had appeared for the appell... | 28 |
29 | 184,401,603 | societies into the appellant society, when income - tax returns for the assessment years 1994 - 95 and 1995 - 96 were filed by the appellant society, the appellant society wanted to get the accumulated losses of the aforestated societies, of about rs. 2, 68, 39, 504 / -, carried forward, so that the same could be set o... | 29 |
30 | 184,401,603 | to carry forward losses incurred by the amalgamating societies and set off the business losses of the said societies against the profits and gains of the appellant society. 7. he had further submitted that the word company used in section 72 ( a ) of the act should be given wide interpretation so as to include societie... | 30 |
31 | 184,401,603 | , lucknow v. sh. madho pd. jatia 1976 ( 4 ) scc 92 and m / s. baidyanath ayurved bhawan ( pvt. ) ltd., jhansi v. the excise commissioner, u. p. and others 1971 ( 1 ) scc 4. he had also relied upon the judgment delivered in the case of commissioner of income tax, bombay v. maharashtra sugar mills ltd., bombay 1971 ( 3 )... | 31 |
32 | 184,401,603 | cannot get any benefit. the losses were suffered by the societies which were in existence at the relevant time and their existence or legal personality had come to an end upon being amalgamated into another society. 17. the normal principle is that a non - existent person cannot file an income tax return and therefore,... | 32 |
33 | 184,401,603 | would also get the same benefit. as stated by this court on several occasions, there is no equity in matters of taxation. one cannot read into a section which has not been specifically provided for and therefore, we do not agree with the submissions of the learned counsel appearing for the appellant and we are not prep... | 33 |
34 | 52,754,564 | dr. b. s. chauhan, j. 1. this reference before us arises out of a variety of views having been expressed by this court and several high courts of the country on the scope and extent of the powers of the courts under the criminal justice system to arraign any person as an accused during the course of inquiry or trial as... | 34 |
35 | 52,754,564 | ) ], wherein it was held that a court of sessions can with the aid of section 193 cr. p. c. proceed to array any other person and summon him for being tried even if the provisions of section 319 cr. p. c. could not be pressed in service at the stage of committal. thus, after the reference was made by a three - judge be... | 35 |
36 | 52,754,564 | burden upon an onus being cast upon him under the law to prove himself to be innocent. these competing theories have been kept in mind by the legislature. the entire effort, therefore, is not to allow the real perpetrator of an offence to get away unpunished. this is also a part of fair trial and in our opinion, in ord... | 36 |
37 | 52,754,564 | . the controversy centers around the stage at which such powers can be invoked by the court and the material on the basis whereof such powers can be exercised. 13. it would be necessary to put on record that the power conferred under section 319 cr. p. c. is only on the court. this has to be understood in the context t... | 37 |
38 | 52,754,564 | said section. 15. section 319 cr. p. c. allows the court to proceed against any person who is not an accused in a case before it. thus, the person against whom summons are issued in exercise of such powers, has to necessarily not be an accused already facing trial. he can either be a person named in column 2 of the cha... | 38 |
39 | 52,754,564 | 230 cr. p. c., that court can deal with only the accused referred to in section 209 cr. p. c. and there is no intermediary stage till then for the sessions court to add any other person to the array of the accused, while in kishun singh ( supra ), this court came to the conclusion that even the sessions court has power... | 39 |
40 | 52,754,564 | opinion, section 319 cr. p. c. is an enabling provision empowering the court to take appropriate steps for proceeding against any person not being an accused for also having committed the offence under trial. it is this part which is under reference before this court and therefore in our opinion, while answering the qu... | 40 |
41 | 52,754,564 | by the prosecution, that is mentioned in the charge - sheet for the purpose of trying the accused. this has to be understood in terms of section 2 ( g ) cr. p. c., which defines an inquiry as follows : 2 ( g ) inquiry means every inquiry, other than a trial, conducted under this code by a magistrate or court. 26. in st... | 41 |
42 | 52,754,564 | 30. in union of india & ors. v. major general madan lal yadav ( retd. ), air 1996 sc 1340, a three - judge bench while dealing with the proceedings in general court martial under the provisions of the army act 1950, applied legal maxim nullus commodum capere potest de injuria sua propria ( no one can take advantage of ... | 42 |
43 | 52,754,564 | for the purposes of section 350 of the code, a trial cannot be said to commence only when a charge is framed. the trial covers the whole of the proceedings in a warrant case. this case was followed in fakhruddin v. the crown, ( 1924 ) i. l. r. 6 lah. 176 ; and in labhsing v. emperor, ( 1934 ) 35 cr. l. j. 1261. 35. in ... | 43 |
44 | 52,754,564 | , new delhi ( now rajasthan ) v. m / s. east west import & export ( p ) ltd. ( now known as asian distributors ltd. ) jaipur, air 1989 sc 836 ). 38. in a somewhat similar manner, it has been attributed to word course the meaning of being a gradual and continuous flow advanced by journey or passage from one place to ano... | 44 |
45 | 52,754,564 | ##tiose should be avoided otherwise it would mean that in enacting such a provision, the legislature was involved in an exercise in futility and the product came as a purposeless piece of legislation and that the provision had been enacted without any purpose and the entire exercise to enact such a provision was most u... | 45 |
46 | 52,754,564 | to perform acts in the nature of administrative work rather than judicial such as ensuring compliance of sections 207 and 208 cr. p. c., and committing the matter if it is exclusively triable by sessions court. therefore, it would be legitimate for us to conclude that the magistrate at the stage of sections 207 to 209 ... | 46 |
47 | 52,754,564 | to have been taken as originally against the other co - accused. therefore, on magistrate committing the case under section 209 cr. p. c. to the court of sessions, the bar of section 193 cr. p. c. gets lifted thereby investing the court of sessions complete and unfettered jurisdiction of the court of original jurisdict... | 47 |
48 | 52,754,564 | jurisdiction upon the sessions court to add an accused once the case has been committed to it. 50. in our opinion, the stage of inquiry does not contemplate any evidence in its strict legal sense, nor the legislature could have contemplated this inasmuch as the stage for evidence has not yet arrived. the only material ... | 48 |
49 | 52,754,564 | where the complainant is circumspect in proceeding against several persons, but the court is of the opinion that there appears to be some evidence pointing to the complicity of some other persons as well, section 319 cr. p. c. acts as an empowering provision enabling the court / magistrate to initiate proceedings again... | 49 |
50 | 52,754,564 | the word evidence. according to section 3 of the evidence act, evidence means and includes : 56. according to tomlin s law dictionary, evidence is the means from which an inference may logically be drawn as to the existence of a fact. it consists of proof by testimony of witnesses, on oath ; or by writing or records. b... | 50 |
51 | 52,754,564 | ors., ( 2003 ) 1 scc 433, dealing with a similar issue, this court observed as under : 59. in kalyan kumar gogoi v. ashutosh agnihotri & anr., air 2011 sc 760, while dealing with the issue this court held : 60. in relation to a civil case, this court in ameer trading corporation ltd. v. shapoorji data processing ltd., ... | 51 |
52 | 52,754,564 | within the meaning of the evidence act and so also within the meaning of section 244 of the cr. p. c. is what is recorded in the manner stipulated under section 138 in the case of oral evidence. documentary evidence would similarly be evidence only if the documents are proved in the manner recognised and provided for u... | 52 |
53 | 52,754,564 | . a bare perusal of section 227 cr. p. c. would show that the legislature has used the terms record of the case and the documents submitted therewith. it is in this context that the word evidence as appearing in section 319 cr. p. c. has to be read and understood. the material collected at the stage of investigation ca... | 53 |
54 | 52,754,564 | . an inquiry can be conducted by the magistrate or court at any stage during the proceedings before the court. this power is preserved with the court and has to be read and understood accordingly. the outcome of any such exercise should not be an impediment in the speedy trial of the case. 75. though the facts so recei... | 54 |
55 | 52,754,564 | have either been suppressed or escaped the notice of the court. 79. the word evidence therefore has to be understood in its wider sense both at the stage of trial and, as discussed earlier, even at the stage of inquiry, as used under section 319 cr. p. c. the court, therefore, should be understood to have the power to ... | 55 |
56 | 52,754,564 | the pre - requisite for exercise of power under section 319 cr. p. c. was the satisfaction of the court to proceed against a person who is not an accused but against whom evidence occurs, for which the court can even wait till the cross examination is over and that there would be no illegality in doing so. a similar vi... | 56 |
57 | 52,754,564 | could be tried instead of should be tried. hence, what is required is not to have a mini - trial at this stage by having examination and cross - examination and thereafter rendering a decision on the overt act of such person sought to be added. in fact, it is this mini - trial that would affect the right of the person ... | 57 |
58 | 52,754,564 | of complicity of some other person ( s ), not facing the trial in the offence. q. ( iv ) what is the degree of satisfaction required for invoking the power under section 319 cr. p. c.? 86. section 319 ( 1 ) cr. p. c. empowers the court to proceed against other persons who appear to be guilty of offence, though not an a... | 58 |
59 | 52,754,564 | this court held that it is evident that before a court exercises its discretionary jurisdiction in terms of section 319 cr. p. c., it must arrive at a satisfaction that there exists a possibility that the accused so summoned in all likelihood would be convicted. 91. in sarabjit singh & anr. v. state of punjab & anr., a... | 59 |
60 | 52,754,564 | of m. p. v. dr. krishna chandra saksena, ( 1996 ) 11 scc 439 ; and state of m. p. v. mohan lal soni, air 2000 sc 2583 ). 94. in dilawar babu kurane v. state of maharashtra, air 2002 sc 564, this court while dealing with the provisions of sections 227 and 228 cr. p. c., placed a very heavy reliance on the earlier judgme... | 60 |
61 | 52,754,564 | cases where the circumstances of the case so warrant. it is not to be exercised because the magistrate or the sessions judge is of the opinion that some other person may also be guilty of committing that offence. only where strong and cogent evidence occurs against a person from the evidence led before the court that s... | 61 |
62 | 52,754,564 | ##ju chaudhary v. state of u. p. & anr., ( 2013 ) 6 scc 384, a two - judge bench of this court held that even in the cases where report under section 173 ( 2 ) cr. p. c. is filed in the court and investigation records the name of a person in column 2, or even does not name the person as an accused at all, the court in ... | 62 |
63 | 52,754,564 | a great difference with regard to a person who has been discharged. a person who has been discharged stands on a different footing than a person who was never subjected to investigation or if subjected to, but not charge - sheeted. such a person has stood the stage of inquiry before the court and upon judicial examinat... | 63 |
64 | 52,754,564 | be tried again for the same offence except with the consent of the court by which he was discharged or of any other court to which the first - mentioned court is subordinate. further, section 398 cr. p. c. provides that the high court or the sessions judge may direct the chief judicial magistrate by himself or by any o... | 64 |
65 | 52,754,564 | ' s case, the constitution bench has already held that after committal, cognizance of an offence can be taken against a person not named as an accused but against whom materials are available from the papers filed by the police after completion of investigation. such cognizance can be taken under section 193 cr. p. c. ... | 65 |
66 | 52,754,564 | is satisfied that the accused summoned will in all likelihood be convicted? a. though under section 319 ( 4 ) ( b ) cr. p. c. the accused subsequently impleaded is to be treated as if he had been an accused when the court initially took cognizance of the offence, the degree of satisfaction that will be required for sum... | 66 |
67 | 52,754,564 | ....... j. ( ranjan gogoi )............................................... j. ( s. a. bobde ) new delhi, january 10, 2014 - - - - - - - - - - - - - - - - - - - - - - - | 67 |
68 | 171,095,248 | k. s. radhakrishnan, j. 1. we are, in these cases, concerned with the interpretation of various sections that appear in chapter ii read with chapter iii of the prevention of corruption act, 1988 ( for short the pc act ), especially sections 3, 4, 5 and other related provisions dealing with offences and penalties appear... | 68 |
69 | 171,095,248 | other offences under ipc, on death of a public servant, the offences under the pc act cannot be proceeded with and the trial court has to modify and / or alter and / or amend the charges. bombay high court has taken the view that once the jurisdiction is vested on a special judge, the same cannot be divested on the dea... | 69 |
70 | 171,095,248 | special judge, on 25. 3. 2003, after hearing the prosecution as well as the defence counsel, framed charges against the accused persons under section 120b read with sections 467, 471 and 420 ipc and also under sections 13 ( 1 ) ( d ) and 13 ( 2 ) of the pc act and substantive offences against the accused persons under ... | 70 |
71 | 171,095,248 | ##i questioned the maintainability of the revision and also pointed out that there is no statutory provision vitiating the jurisdiction of the special judge on death of the public servant. the high court, however, placing reliance on its earlier judgement in kartongen kemi ochforvaltning ab v. state through cbi ( 2004 ... | 71 |
72 | 171,095,248 | caused wrongful losses to the bank. 11. cbi completed the investigation and the charge - sheet was filed on 14. 9. 2001 against the accused persons for offences punishable inter alia under section 120b read with section 420 ipc and section 5 ( 2 ) read with section 5 ( 1 ) ( b ) of the prevention of corruption act, 194... | 72 |
73 | 171,095,248 | , cbi, bombay was directed to continue with the trial of the case. aggrieved by the same, criminal appeal no. 161 of 2011 has been preferred by a - 2. 15. shri p. p. malhotra, learned additional solicitor general appearing for cbi in criminal appeal no. 943 of 2008, referred to sections 3 ( 1 ) and 4 ( 1 ) of the pc ac... | 73 |
74 | 171,095,248 | ) ( ii ) has abated on his death, consequently, it would not be possible for the special judge to try any offence as against the respondents, since both are intrinsically interlinked. learned counsel pointed out that to establish an offence of conspiracy, there must be two or more persons as stated in section 120a ipc.... | 74 |
75 | 171,095,248 | evil of bribery and corruption from the society. consequently, the prevention of corruption act, 1947 was enacted, which was amended in the year 1964, based on the recommendations of the santhanam committee. parliament still felt that the anti - corruption laws should be made more effective, by widening their coverage ... | 75 |
76 | 171,095,248 | under sections 7, 10 and 11 can be committed only by the public servant, though an offence under section 7 can also be committed by a person expected to be a public servant. an offence under section 7 or 11 could also be abetted by a non - public servant, for which punishment has been prescribed under section 12 of the... | 76 |
77 | 171,095,248 | of the pc act, read with section 3 ( 1 ) thereof, such offences can be tried only by a special judge. for example : 28. thus, the scheme of the pc act makes it quite clear that even a private person who is involved in an offence mentioned in section 3 ( 1 ) of the pc act, is required to be tried only by a special judge... | 77 |
78 | 171,095,248 | clear that only the special judge has got the jurisdiction to try the offences specified in sub - section ( 1 ) of section 3 committed by a public servant or a non - public servant, alone or jointly. 32 we may now examine the scope of sub - section ( 3 ) of section 4 of the pc act, which indicates that when trying any ... | 78 |
79 | 171,095,248 | charged of an offence under the provisions of the pc act may also be charged by the special judge at the same trial of any offence under ipc if the same is committed in a manner contemplated under section 220 of the code. this court also held, even if a non - public servant, though charged only of offences under sectio... | 79 |
80 | 171,095,248 | offences totally unconnected with any pc offences under section 3 ( 1 ) of the pc act and in the event of a special judge not trying any offence under section 3 ( 1 ) of the pc act, the question of the special judge trying non - pc offences does not arise. as already indicated, trying of a pc offence is a jurisdictiona... | 80 |
81 | 171,095,248 | 471 and 420 ipc and also under sections 13 ( 1 ) ( d ) and 13 ( 2 ) of the pc act and substantive offences under sections 420, 467 and 471 ipc and also substantive offences under sections 13 ( 1 ) ( d ) and 13 ( 2 ) of the pc act against the public servants. therefore, charges have been framed against the public servan... | 81 |
82 | 171,095,248 | to - day trial of cases, transparency with regard to grant of stay and exercise of powers of revision on interlocutory orders have also been provided under the pc act. consequently, once the power has been exercised by the special judge under sub - section ( 3 ) of section 4 of the pc act to proceed against non - pc of... | 82 |
83 | 171,095,248 | prior to the death of the public servant. the jurisdictional fact, as already discussed above, does not exist so far as this appeal is concerned, so as to exercise jurisdiction by the special judge to deal with non - pc offences. 46. consequently, we find no error in the view taken by the special judge, cbi, greater mu... | 83 |
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