Showing : 1391-1400 of 1771 Results

SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 14, 245, Illegal Migrants (Determination by Tribunals) Act, 1983, Section 1-- Act of 1983 - Applicability only to State of Assam - Is discriminatory - Geographical considerations alone cannot sustain classification made when Act instead of achieving object defeats it - Classification made for application of Act of 1983 to the State of Assam violates Art.14 and is..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Illegal Migrants (Determination by Tribunals) Act, 1983, Section 1-- Constitutional validity - Act facilitated illegal migrants to remain in State of Assam - Migrants on account of their huge number affect language, script and culture of local people - Plea that Act therefore violates Art.29 - No concluded opinion expressed as necessary factual basis has not been..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Constitution of India, 1950, Article 355-- Emergency - Union to protect States against external aggression - `Aggression' - Scope - Includes war but does not mean war only - Influx of large number of persons across borders into India - Is aggression - Word `aggression' not to be confused only with `war'- Though war would be included within..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Illegal Migrants (Determination by Tribunals) Act, 1983, Section 1, 4, Illegal Migrants (Determination by Tribunals) Rules, 1984, Rule 1-- Illegal migrants - Detection and deportation - Procedure provided in Act is extremely difficult, cumbersome and time consuming - Act appears to be purposely so enacted as to give protection to illegal migrants rather than to identify and deport them - Overriding effect given to Act has stripped..........
JHARKHAND HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 309(2)-- Petitioner arrested u/s 7 of Prevention of Corruption Act while accepting bribe in a trap case - Case diary of case not forwarded with charge-sheet - Case diary received on 7.1.2005 and Court took cognizance on 18.1.2005 - Petitioner not entitled to be released on ground of illegal detention...........
ALLAHABAD HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 304B, 498A, 494-- Suicide by wife by burning in matrimonial home - Husband performed second marriage - Wife committed suicide for being in acute mental depression for performing second marriage by husband - As per personal law performance of second marriage not illegal - Husband not responsible for abetment to..........
KERALA HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 446-- Forfeiture of Bond - Proof - Proof of satisfaction of forfeiture of a bond is the most essential pre-requisite for commencing a proceeding under S.446 of Cr.P.C. - Any order passed by a Court indicating that the bond is forfeited by Court and not by accused is clearly illegal and contrary to..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2005
Details
Indian Penal Code, 1860, Section 376, 366, 363-- Abduction and rape - Consenting party or rape under threat - Accused and prosecutrix employed as teacher in same school and had love affair - Rape under threat without consent with intention to marry - Prosecutrix remained with accused for 3/4 days and travelled to different places on scooter -..........
BOMBAY HIGH COURT
Year of decision: 2005
Details
Criminal Procedure Code, 1973, Section 125-- Maintenance - Customary divorce deed/consent deed whereby wife relinquished her claim for past and future maintenance - Held, unless there is decree of divorce passed by competent Court, marriage cannot be dissolved by such consent deed and/or divorce deed - Such divorce deed/consent deed is..........
SUPREME COURT OF INDIA
Year of decision: 2005
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 22, 23, 25, 28, 29, 30, Indian Penal Code, 1860, Section 120B-- Opium - Recovery from truck - Driver of truck knowing about the presence of contraband in the vehicle and about the illegal transportation of the same - Driver a convict for the first time - Sentence reduced from 14 to 10 years...........

Showing : 1391-1400 of 1771 Results