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...basis, we will have to scrutinise and screen the survival value of the various remission schemes and short-sentencing projects, not to test their supremacy over Section 433-A, but to train the wide...
...actually stated contradicts what is omitted to be said; and (ii) the test to find out whether an omission is contradiction or not is to see whether one can point to any sentence or assertion which is...omissions satisfy the test laid down by us? The witness stated in the court that there was a gas-lamp and that some of the miscreants scrutinised the faces of the dead bodies. In their statements before the...out, but also questions with respect to other matters arising out of the police statements of the witnesses. The purpose of cross-examination is to test the reliability of the witnesses both as to...
...Aflatoxin, including its variants B1, B2, G1 and G2. The test carried by SGS, Netherlands also confirmed high Aflatoxin level.10. In this background, the argument of Mr...were at the port of loading.24. The complainant has not produced best evidence which they were expected to produce in respect of the test results of the samples sent by...
..., 2009. In other words, date of judgment of a criminal court has to be necessarily treated as the relevant date for applying the test of maintainability of appeal by the victim under three contingencies...reasons and conclusion for holding that the date of judgment of a criminal court has to be necessarily treated as the relevant date for applying the test of maintainability of appeal by the victim under...overwhelmed by submissions made at the Bar. The language of the proviso to Section 372 CrPC is quite clear, particularly when it is contrasted with the language of Section 378(4) CrPC. The text of this...
...sought to be imposed only for a particular period and not prior or subsequently it is open to debate whether the statute passes the test of reasonableness at all. In the present case, the High Court...
...ascertained from the text of enactment in question. That does not mean the text is to be construed merely as a piece of prose, without reference to its nature or purpose. A statute is neither a literary...text nor a divine revelation. “Words are certainly not crystals, transparent and unchanged” as Mr Justice Holmes has wisely and properly warned. (Towne v. Eisner) Learned Hand, J., was...
..., is not applicable in India. We do not have in our Constitution any provision like the Eighth Amendment, nor are we at liberty to apply the test of reasonableness with the freedom with which the Judges...
...) What are material facts and particulars? Material facts are facts which if established would give the petitioner the relief asked for. The test required to be answered is whether the court could have...18. The averments contained in para 4 pertaining to Ground I do not satisfy the test prescribed in Manubhai Amorsey v. Popatlal Manilal Joshi and.... The most important test which remained unsatisfied is as regards the omission to satisfy in what manner the assistance was obtained and procured by the election candidate for promoting the prospects of...
...the factor of superintendence and control has been emphasised but that is not the determining test. In Morren v. Swinton and Pendlebury Borough Council (1965) 2 All...ER 349, (1965) 1 WLR 576 Lord Parker, C.J held that superintendence and control cannot be the decisive test when one is dealing with a professional man or a man of some particular...the employer telling him how to do work; therefore, the absence of control and direction in that sense can be of little, if any, use as a test. In Argent v. Minister of Social...
...persons grouped together and not in others who are left out but those qualities or characteristics must have a reasonable relation to the object of the legislation. In order to pass the test, two...now well established that while Article 14 forbids class legislation, it does not forbid reasonable classification for the purposes of legislation. In order, however, to pass the test of permissible...classification to be legal, valid and permissible, must fulfil the twin test, namely,(i) the classification must be founded on an intelligible differentia which...
..., after the passage of two and a half years. But the remedy, according to us, is not the writ of mandamus. If the Parliament had laid down an objective standard or test governing the decision of the...how far they bear upon the standard or test prescribed by the Parliament. But, the Parliament has left the matter to the judgment of the Central Government without prescribing any objective norms. That...proceeding in relation to which the particular right is claimed as a component of natural justice. Judged by this test, it seems to us difficult to hold that a detenu can claim the right of cross...
...appreciated the test laid down by the Privy Council for ascertaining what is a substantial question of law. Apparently the judgment of the Privy Council was brought to their notice though they do not make...Raghunath Prasad Singh's case (1). The other case relied upon was Rimmalapudi Subba Rao v. Noony Veeraju (2). In that case the test of the kind...and we think that while the view taken by. the Bombay High Court is rather narrow the. one taken by the former High Court of Nagpur is too wide. The proper test for determining whether a question of...
...further submit that the test to enlarge an accused on bail is whether there is a reasonable apprehension of tampering with the evidence, and that there is an apprehension of threat to some of the...unconvicted persons should be held in custody pending trial to secure their attendance at the trial but in such cases, “necessity” is the operative test. In this country, it would be quite contrary to the...the only test or the factor: the other factor that also requires to be taken note of is the punishment that could be imposed after trial and conviction, both under the Penal Code and the Prevention of...
...therefore be presumed to be innocent. The validity of that section must accordingly be examined by the test of fairness and reasonableness which is implicit in Article 21. If the legislature itself were to...complainant by themselves nor bare denials by the accused can either automatically vest or divest the Court from discharging its ultimate judicial function-duty to closely scrutinise and test the prima...discharging its ultimate judicial function—duty to closely scrutinise and test the prima facie dependability of the allegations made in the complaint and reach its own decision...
...fresh written test and interview. Twenty-seven candidates appeared in the written examination which was conducted on 20-4-2004 of whom fourteen qualified. These candidates were interviewed on 7-7-2004...marks. Pursuant to this, a written test was held on 7-11-2004 followed by an interview on 12-12-2004. Results were declared on 31-12-2004 and the ninth to fourteenth respondent were appointed on Class...relevant rules, the written test was required to carry eighty-five marks and the interview, fifteen marks. Counter-affidavits were filed in response to the writ petition by the Registrar of the Civil Court...
...competitive interest of a third party. In order to test the applicability of Section 8(1)(d) of the Act it is necessary to first and foremost determine the nature of information and if the nature of...be permitted, that too, for reasons to be recorded demonstrating satisfaction to the test of larger public interest. It will not be in consonance with the spirit of these provisions, if in a mechanical...
...there is tangible material for the Assessing Officer to do so. The test of 'tangible material', it may be noted, has been enunciated in a judgment of the Supreme Court in...
...Ajay Hasia v. Khalid Mujib, (1981) 1 SCC 722 : AIR 1981 SC 487 the Supreme Court had considered the test to be applied in deciding the....”13. The Supreme Court then pointed out (at p. 496)—“…………that it is immaterial for this purpose whether the corporation is created by a statute or under a statute. The test is..., satisfy the test of the main limb.”30. In our case, conferring monopoly on NAFED in respect of export of onions is the basic and essential provision and, therefore, the entire...
...constitutional principles expressly mentioned in the text. Before we make our concluding findings and reasons, we wish to revisit Harjinder Singh case...
....18. The second limb of the argument is that the impost is clearly of the nature of a tax on luxuries within Entry 62 of List I. The simple test, according to the argument...formulae or doctrinaire tests or precise scientific principles of exclusion or inclusion are to be applied. The test could only be one of palpable arbitrariness applied in the context of the felt needs of...understand the expression “matter” not in a “gross”, but in a “rare” sense. He develops this contention by invoking, to his aid, what may be called the “aspect” rule as explained in certain text books and...