Court : Supreme Court of India
..... it fit to employ only the word information without qualifying the said word. section 139 of the code of criminal procedure of 1861 (act 25 of 1861) passed by the legislative council of india read that every complaint or information preferred to an officer in charge of a police station should be reduced into writing ..... and only in so far as is necessary for their solution. judicial law making is incidental to the solving of legal disputes; legislative law making is the central function of the legislator. 24. in various decisions, this court has dealt with the scope of judicial review and issuance of guidelines. the directions mentioned 21 ..... travails of the members of the scheduled castes and the scheduled tribes continue unabated. we are satisfied that the central government and the state governments should be directed to strictly enforce the provisions of the act and we do so. the national commissions are also directed to discharge their duties to protect the scheduled castes and scheduled .....
Tag this Judgment!Court : Supreme Court of India
..... of the appeal within six months from the date of receipt of the appeal. awarding compensation 53n. (1) without prejudice to any other provisions contained in this act, the central government or a state government or a local authority or any enterprise or any person may make an application to the appellate tribunal to adjudicate on claim for compensation ..... person aggrieved by an order made by the disciplinary committee of the state bar council against a particular advocate, he would have no locus standi to appeal to the bar council of india. in so saying, the court held: 11. from these cases it is apparent that any person who feels ..... rao relies heavily upon adi pherozshah gandhi (supra), in which section 37 of the advocates act, 1961 came up for consideration, which spoke of the right of appeal of any person aggrieved by an order of the disciplinary committee of a state bar council. it was held that since the advocate general could not be said to be a .....
Tag this Judgment!Court : Supreme Court of India
..... determined in accordance with section 12 which shall not be less than three lakh rupees or such higher value, as may be notified by the central government. [the amount was 1 crore when the act was enacted in 2015 and it was reduced by the amendment in 2018.].50. under chapter ii, the law-giver has contemplated, commercial ..... period prescribed therein. the reasons stated by the learned judge in justification of his taking the said view despite the clear pronouncement of the judicial committee of the privy council in bhagchand case [air1927pc176:54. ia338 357]. do not appeal to us as correct or sound. in the light of the conclusion expressed by us in the ..... there were other changes which were brought about in section 80 as it stood, as can be discerned from section 80(1) as substituted. the judgment of the privy council, in the decision reported in bhagchand dagadusa gujrathi and ors. v. secretary of state for india8, set at rest the controversy about the mandatory nature of the requirement .....
Tag this Judgment!Court : Supreme Court of India
..... the conveyance or the transfer otherwise, but to render it subservient to the rights of the parties to a litigation. discussing the principles of lis pendens, the privy council in the case of gouri dutt maharaj v. sukur mohammed & ors. air (35) 1948, observed as under: the broad purpose of section 52 is to ..... the [pendency]. in any court having authority [within the limits of india excluding the state of jammu and kashmir]. or established beyond such limits]. by [the central government]. [***]. of [any]. suit or proceedings which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot ..... not genuine. these questions are matters to be taken into consideration in the suit before the relinquishment deed and compromise memo between the other contesting respondents were acted upon and cannot be done in the absence of the petitioners. the share of the petitioners will be affected and, therefore, it would prejudice their right, .....
Tag this Judgment!Court : Supreme Court of India
..... whether a person is anatomically male or female), rather than gender (i.e., whether a person has qualities that society consider masculine or feminine (katherine m.franke, the central mistake of sex discrimination law: the disaggregation of sex from gender, 144 u.pa.rev.1,3 (1995) (arguing that by defining sex in biological terms, the ..... ideas, as well as to participation in public debate. 23. un bodies, regional human rights bodies, national courts, government commissions and the commissions for human rights, council of europe, etc. have endorsed the yogyakarta principles and have considered them as an important tool for identifying the obligations of states to respect, protect and fulfill the ..... castrating children, or of committing offences under section 377 of the ipc, or of abetting the commission of any of the said offences. under the act, the act of keeping a boy under 16 years in the charge of a registered eunuch was made an offence punishable with imprisonment up to two years or fine .....
Tag this Judgment!Court : Supreme Court of India
..... upon "completion of the investigation". as such, the 2 interim report is not an "investigation report" under section 212(12) of the act and could not have been considered by the central government under section 212(14) for the purposes of issuing the sanction order; xi) the present case is not a case of invalidity/irregularity ..... a death penalty. the standard of proof is therefore satisfaction beyond reasonable doubt. reliance is placed upon the decision of this court in the case of an advocate v. bar council of india (1989) supp 2 scc criminal appeal nos.2305-2307/2022 etc. page 56 of 103 25 (para 4(1) & (11) and icai v. lk ..... and range of stakeholders increasing by volumes, necessitating proper checks and balances. self-regulation through internal mechanism/procedures, to be underpinned on strong systems and procedures; central government to step in only when mis- governance takes place. in the light of recent experiences in corporate mis- governance, process of audit and functioning of .....
Tag this Judgment!Court : Supreme Court of India
..... to public servants who are not removable from their offices save by or with the sanction of the state government or the central government where they are charged with having committed offences while acting or purporting to act in the discharge of their official duties; and the form which this protection has taken is that before a criminal court can ..... the prosecution. (emphasis laid by this court) the position of law, as laid down in the case of hori ram singh was also approved by the privy council in the case of h.h.b. gill v. the king[6]., wherein it was observed as under: a public servant can only be said to ..... refer to the facts of criminal appeal no.798 of 2015, in this judgment which are briefly stated hereunder: the indian council of medical research (hereinafter referred to as icmr ), a registered society under the societies registration act, 1860 is a premier research institute dealing with the formulation, coordination and promotion of bio-medical research. its functional object is .....
Tag this Judgment!Court : Supreme Court of India
..... zealand and an academician, in his book titled judicial recusal traced out principles on the law of recusal as developed in england in the following words: the central feature of the early english common law on recusal was both simple and highly constrained: a judge could only be disqualified for a direct pecuniary interest. what ..... court was called upon to deal with this important question. the court naturally considered the practice followed in other final courts of appeal. the privy council had held that though it was not absolutely bound to follow its earlier decisions it would seldom differ from them in constitutional matters as they would have ..... arun mishra, j.1. the question of interpretation of section 24 of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (for short, 'the act of 2013'), has been referred to a five judge constitution bench of this court.2. a three judge bench of this court in pune municipal corporation .....
Tag this Judgment!Court : Supreme Court of India
..... to be filed in the judicial commissioner's court. under the central act 30 of 1965 with effect from june 15, 1966 the provisions of the indian civil procedure code were extended to the union territories of goa, daman and diu and the ..... by the provisions of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act 30 of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act 16 of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required ..... by clauses (b) and (c) of the proviso to section 4 of the central act 30 of 1965 which substantially correspond to clauses (c) and (e) of section 6 of the general clauses act, 1897. this position, has also been settled by the decisions of the privy council and this court (vide colonial sugar refining company ltd. v. irving [1905 ac369 .....
Tag this Judgment!Court : Supreme Court of India
..... is also fallacious. firstly, the forensic science laboratory report (ext. p-x) has been submitted under the signatures of a junior scientific officer (ballistic) of the central forensic science laboratory, chandigarh. there is no dispute that the report was submitted under the hand of a government scientific expert. section 293(1) of the code ..... own conclusions upon the evidence adduced by the prosecution in respect of the guilt or innocence of the accused. this position has been clarified by the privy council in sheo swarup v. king emperor and nurmohammad v. emperor [air1945pc151 ...17. similarly in ajmer singh v. state of punjab [(1953) scr418 it was ..... observed that when incident stood concluded within few minutes, it is natural that exact version of incident revealing every minute detail i.e. meticulous exactitude of individual acts, cannot be given by eyewitnesses . it is further observed that where witness to occurrence was himself injured in the incident, testimony of such witness is .....
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