Court : Supreme Court of India
reportable in the supreme court of india civil original jurisdiction writ petition (civil) no.148 of2023anna mathews and others ..... p e titioners versus supreme court of india and others ..... r e spondents w i t h writ petition (civil) no.147 of2023r e a s o n s the legal issue raised in the aforementioned writ petitions relates to the scope and ambit of judicial review in the matter of appointment of judges to the high courts under article 217 of the constitution of india1. 1217. appointment and conditions of the office of a judge of a high court. (1) every judge of a high court shall be appointed by the president by warrant under his hand and seal on the recommendation of the national judicial appointments commission referred to in article 124a, and shall hold office, in the case of an additional or acting judge, as provided in article 224, and in any other case, until he attains the age of sixty-two years: provided that (a) a judge may, by writing under his hand addressed to the president, resign his office; (b) a judge may be removed from his office by the president in the manner provided in clause (4) of article 124 for the removal of a judge of the supreme court; (c) the office of a judge shall be vacated by his being appointed by the president to be a judge of the supreme court or by his being transferred by the president to any other high court within the territory of india. w.p. (c) nos. 148 & 147 of 2023 page 1 of 92. in our opinion, this legal issue is settled .....
Tag this Judgment!Court : Supreme Court of India
..... . it is well established that, provided the requisite grounds exist, certiorari will lie although a right of appeal has been conferred by statute, (halsbury s laws of england, 3rd edn .....
Tag this Judgment!Court : Supreme Court of India
1 reportable in the supreme court of india criminal appellate jurisdiction criminal appeal no.257 of2023(arising out of slp (crl.) no.8586 of2017 naim ahamed .......appellant versus state (nct of delhi) ......respondent judgment bela m. trivedi, j.1. leave granted.2. the appeal filed by the appellant-accused is directed against the judgment and order dated 30.09.2016 passed by the high court of delhi in criminal appeal no.46/2016, whereby the high court while disposing of the appeal has modified the judgment and order dated 27.11.2015 passed by the additional sessions judge, special fast track court, dwarka courts, new delhi (hereinafter referred to as the sessions court) in sessions case no.67/2015.3. the sessions court while holding the appellant-accused guilty for the offence under section 376 of ipc had sentenced him to undergo rigorous imprisonment for a period of 10 years and pay fine of rs.50,000/-, in default thereof to suffer further imprisonment for a period of one year. the sessions court had also directed the appellant to pay compensation of rs.5,00,000/- to the prosecutrix to 2 enable her to maintain herself as well as the minor child. the high court in the appeal filed by the appellant, modified the order of sentence passed by the sessions court, by reducing the substantive sentence to 7 years with fine of rs.5,000/- and confirmed the direction with regard to the payment of compensation to the prosecutrix. it is stated that the appellant has paid the amount of .....
Tag this Judgment!Court : Supreme Court of India
reportable in the supreme court of india civil appellate jurisdiction civil appeal nos.521-522 of2023(arising out of slp(c)nos.14948-14949 of 2017) elumalai @ venkatesan & anr appellant (s) versus m. kamala and ors. & etc. respondent(s) judgment k.m. joseph, j.1. leave granted.2. one shri sengalani chettiar was married to one rukmini. the said marriage produced a son, namely, shri chandran. the appellants are the sons of shri chandran. sengalani chettiar married again this time with one smt. kuppammal. from the second marriage sengalani chettiar had 5 daughters and a son. the controversy in this case relates to a-schedule property in the suit 1 for partition filed by two children out of the 6 children born to sengelani chettiar from his second marriage. the property in dispute was the self-acquired property of shri sengalani chettiar. in regard to the said property, chandran,the father of the appellants had executed a release deed. the terms of the release deed dated 12.11.1975, are as follows: this deed of release is executed on the 12th day of november, 1975 in favour of 1. c.sengalani chettiar, son of singara chettiar, residing at no.144, venkatachala mudali street meersapet, mylapore, chennai, 2. sengalani chettiar, as the guardian of his minor son, vinayagarnurthy, aged about 2 years, this deed executed by s.chandran, son of sengalani chettiar, residing at no.19, santha sahib street, meersapet, mylapore, chennai is as follows: i am the son of your first wife. as i could .....
Tag this Judgment!Court : Karnataka
..... in this connection reference may be made the statement of law as summarized in halsbury's laws of england fourth edition ( 203 reissue) para 646. .....
Tag this Judgment!Court : Supreme Court of India
..... stephen in history of the criminal law of england, vol. ii, p. ..... mere abnormality of mind or partial delusion, irresistible impulse or compulsive behaviour of a psychopath affords no protection under section 84 as the law contained in that section is still squarely based on the outdated m'naughton rules of 19th century england. .....
Tag this Judgment!Court : Supreme Court of India
..... pointed out above that even before the coming into force of the constitution, the position under the common law both in england and in india was that the state could not deprive a person of ins life and liberty without the authority of law ..... report submitted on 11.5.1956 on liability of the state in tort , the law commission took note of (i) the existing law in india; (ii) law in england; (iii) law in america; (iv) law in australia; (v) law in france; (vi) rule of statutory construction; and (vii) conclusions and proposals.143. ..... not only the statutory law but also custom or usage haying the force of law as also the common law of england which, was adopted as the law of the country before the coming into force of the constitution. ..... if crown proceedings act, 1947 changed the course of the law relating to tort in england, the federal tort claims act, 1946 changed in america, the course of law relating to the liability of the state for the tortious acts ..... it is true that an individual minister could, in england, where the principle of individual and collective responsibility of ministers was evolved, be responsible either for wrongful acts done by him without the authority of the whole cabinet or of the monarch to support them, or ..... halsbury s law of england states: those civil rights of action which are available for the recovery of unliquidated damages by persons who have sustained injury or loss from acts, statements or omissions of others in breach of duty or contravention of right .....
Tag this Judgment!Court : Supreme Court of India
..... phrase any one of them or any similar phrase consisting of any one , followed by of which is followed in its turn by words denoting a number of persons or things, does not appear to have fallen for judicial construction, in our courts or in england the phrase any of the present directors had to be interpreted in an old english case, isle of wight railway co. v. .....
Tag this Judgment!Court : Supreme Court of India
..... shephard, 1958-65 acj504(hl, england): money cannot renew a physical frame that has been battered.30. ..... in halsbury's laws of england, 4th edition, vol. .....
Tag this Judgment!Court : Supreme Court of India
..... the statement of the law contained in halsbury's laws of england hailsham edition volume 22, page 113, paragraph 192 may be referred to in this connection : "the difference between the relations of master and servant and of principal and agent may be said to be this : a principal has the right to ..... " the position is further clarified in halsbury's laws of england hailsham edition volume 1, at page 193, article 345 where the positions of an agent, a servant and independent contractor are thus distinguished : " an agent is to be distinguished on the one hand from a servant, and on the other from an independent .....
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