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    [0] =>  ..... . that is the reason why the tests of likelihood or reasonable suspicion of bias is required to be used.12. in p.d.dinakaran v. hon'ble judges inquiry committee ((2011) 8 mlj331(sc), the apex court after considering the judgments of the foreign courts as well as our high courts summed up the principles of  ..... party. in each case, the court has to consider whether a fair-minded and informed person, having considered all the facts would reasonably apprehend that the judge would not act impartially. to put it differently, the test would be whether a reasonably intelligent man fully apprised of all the facts would have a serious apprehension of bias .....  the proceedings was that the investigation by the same officer who ?.lodged?. the fir would prejudice the accused inasmuch as the investigating officer cannot be expected to act fairly and objectively. we find no principle or binding authority to hold that the moment the competent police officer, on the basis of information received, makes out ..... 
    [1] =>  .....  a right in the accused to be tried speedily; (ii) right to speedy trial flowing from article 21 encompasses all the stages, namely, the stage of investigation, inquiry, trial, appeal, revision and retrial; (iii) who is responsible for the delay and what factors have contributed towards delay are relevant factors. attendant circumstances, including nature  ..... not chosen to do so ? the hon'ble supreme court felt that the said question had far reaching implications and therefore, the constitution bench consisting of 7 judges was constituted.17. in the said judgment, speaking for the majority, hon ble mr.justice r.c.lahoti re-emphasised the need for speedy trial in the ..... situations bearing testimony to denial of such fundamental right to the accused persons, on account of failure on the part of prosecuting agencies and the executive to act, and their turning an almost blind eye at securing expeditious and speedy trial so as to satisfy the mandate of article 21 of the constitution have persuaded ..... 
    [2] =>  ..... of the station.(2) without prejudice to the powers conferred by sub-section (1) or by or under any other law for the time being in force, any court, judge, magistrate or person may administer oaths and affirmations for the purpose of affidavits, if empowered in this behalf--(a) by the high court, in respect of affidavits for the  .....  court and by the ito are different, the principle of this decision cannot be applied to the facts herein.we agree with this statement of principle by the learned judge. we hold that a witness has no right to take his counsel along at the time when his statement is recorded.it is thus manifest that there is great ..... save those which are enacted in the income-tax code. it stands to reason, therefore, that the investigations and inquiries launched by him are not subject to the jurisdiction of ordinary courts. indeed, there is a specific provision in the it. act which forbids courts of law from interfering with the ito's jurisdiction to assess: vide section 293.7.8  ..... 
    [3] =>  .....  with the post held by him. the supreme court rejected the defence taken by the district judge. in paragraph 11, the supreme court observed as follows.11. in our opinion the conclusion reached by the inquiry officer that the petitioner used unfair means is fully justified. no amount of denial could take him .....  in the present case, all the petitioners are covered by the food corporation of india (staff) regulations framed under section 45 of the food corporation act 1964 (central act, 37 of 1964) with the previous sanction of the central government. regulation no. 31 reads as follows:31. generalevery employee shall at all times:( .....  raza. the high court has noted the definition of misconduct in stroud's judicial dictionary which runs as under:misconduct means, misconduct arising from ill motive; acts of negligence, errors of judgment, or innocent mistake, do not constitute such misconduct.in industrial jurisprudence amongst others, habitual or gross negligence constitute misconduct but in ..... 
    [4] =>  ..... in consonance with the avowed statutory purpose. this is known as purposive interpretation. the construction put on section 36(2) of the said act by the learned judge of the writ court makes the whole act unworkable. such an interpretation cannot be upheld. 17. reference in this connection may be made to the well known treatise of crawford  ..... rights many complaints are now filed before the commission. so, if we accept the interpretation which has been given by the learned judge of the writ court on section 36(2) of the said act then in most of the cases the commission will not be able to enquire in respect of complaints made before it within  ..... therefore, the complaint was filed almost four years four months after the alleged incident of unlawful detention. on those facts, the learned judges of the supreme court construed section 36(2) of the said act and held that the commission has no jurisdiction to enquire into the allegation of alleged violation of human rights, since the complaint was ..... 
    [5] =>  ..... such as 'jallikattu', 'manjuvirattu', 'rekla-race' on the predominant ground of breach of section 11(1) of the prevention of cruelty to animals act, as was directed by the learned judge in the impugned order, is not correct. at the same time, even at the cost of repetition we reiterate that we are not rejecting the ..... during the village temple festivals scheduled in the month of january/february, 2007. according to the petitioners, in the light of the order passed by the learned judge, the respondent police and the district administration have denied permission for the conduct of the said sport-events. the petitioners, therefore, sought for writ of mandamus  .....  the authorities concerned to strictly comply with the order and the provisions of the prevention of cruelty to animals act, 1960 (hereinafter referred to as 'the act'). the correctness of the order passed by the learned judge in imposing a complete ban on the conduct of the said sport-events is questioned by the petitioners in  ..... 
    [6] =>  .....  publish any matter in relation to any such proceedings and also the punishment for violating the prohibition as provided under section 22 of the hindu marriage act, 1955. the hindu marriage act, 1955 is concerned with parties who are hindus who approach the court for nullity of marriage, divorce, restitution of conjugal rights, maintenance for the ..... town with a population exceeding one million. the purpose of establishing such family courts was for speedy settlement of family disputes. the preamble portion of the family courts act, 1984 reads as follows :'from time to time, it has been urged by several organisations of women, other organisations and individuals that family courts be set  ..... of the said act in this regard is mandatory. if other personal laws like christian, pars! or mohamedan laws do not provide for in camera proceedings, whether there can be ban on publication or not will have to be decided on the basis of section 11. the section confers a discretion on the judge and also  ..... 
    [7] =>  ..... an industrial undertaking with another company'.9. a cursory reading of section 22(1) of the sick industrial companies (special provisions) act, 1985, makes it clear that under section 22, when an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or sanctioned scheme is  .....  matters connected therewith or accidental thereto.8.2. '22, suspension of legal proceedings, contracts, etc.- (1) where in respect of an industrial company, an inquiry under section 16 is pending or any scheme referred to under section 17 is under preparation or consideration or a sanctioned scheme is under implementation or where an appeal .....  held as follows: 'on consideration of the rival submissions, it is clear hat there has been a complete misunderstanding on the part of the learned single judge in firstly entertaining the writ petition. it is a trite position in law that equities are not allowed to bypass the law. that is precisely the contention ..... 
    [8] =>  .....  was no reason as to why the limit was to be at rs.1.50 and not more. learned single judge did not accept the challenge to the constitutionality and went on to hold that the basic purpose of the act was to provide a social security cover all through the life and as such it cannot be a rightful claim by .....  any injured to get the said benefitcommuted. learned single judge found that it was only in the case of the insured persons, who were entitled .....  the petition. it is against the judgment of the learned single judge that the present appeal has been filed.2. learned counsel has firstly invited our attention to the various provisions of the act and the regulations and has fervently argued that there can be no real rational in limiting the commutation benefit only to such insured persons who were drawing  ..... 
    [9] =>  .....  the case before me. the question was, whether the tribunal has got jurisdiction, and, what is the scope of section 31(1) of the act. in paragraph 10 of thejudgment, a learned judge of the karnataka high court has considered as to what is meant by the expression 'cause of action'. it was held thus:'the expression 'cause  ..... includes the facts constituting the right itself jaharial pagolia v. union of india).'13. in paragraph 12, the learned judge has considered three situationsthat may arise in relation to suits that may be transferred in terms of section31 of the act. situation (1) is, suits in which more than one cause of actionhave been joined by the plaintiff but ..... of action' has not been defined either by the act or the procedural rules framed thereunder. even the c.p.c. does not provide any definition to ..... 
    [10] =>  ..... of tamilnadu as additional evidence. in the affidavit filed in support of the petition, the appellant has stated that since p.w.4 had violated the provisions of notaries act, 1952 and unlawfully taken part in the execution of impugned will dated 13.03.2005, he lodged a complaint to the secretary, law (administration) department, government  ..... does not ordinarily differ from that of proof of any other document except as to the special requirement of attestation prescribed by section 63 of the indian succession act. the onus of proof rests squarely on the person propounding a will and in the absence of any suspicious circumstances surrounding its execution, the proof of  ..... as to where the credibility lies, the appellate court should not interfere with the finding of the trial judge on a question of fact. 15 (ii) in gorantla thataiah vs. thotakuram venkata subbaiah and others reported in air 1968 supreme court 1332, the honourable supreme court held as follows: it is well-established that in a  ..... 
    [11] =>  .....  by the settlement officer. in the case of an application for a ryotwari patta by a ryot under section 11 there is no express provision for any inquiry into the nature or character of the land before granting or refusing to grant such patta to the applicant but impliedly a decision on this aspect of the ..... injunction. in the said case there was a dispute on the question of title to the suit property between plaintiff and defendants. under those factual situation, the learned judge has held that without adjudicating question of title one way or other, permanent injunction is not to be granted. in the present case, suit property is a natham ..... civil court's jurisdiction is ousted, and the plaintiff can get title only after getting patta from the government. the findings of the authorities under the madras estates abolition act were held to be conclusive. it is against the concurrent findings, these second appeals have been filed on the following (common) substantial questions of law: (1) whether ..... 
    [12] =>  .....  division bench passed on to the next aspect of the question and dealt with the same as follows:- "21. the reference made by the learned single judge is as to "whether the judicial act of acceptance of a referred charge sheet (negative final report) by a magistrate would have to be challenged and set aside before resort is had to further .....  tn 33a 1199 with a man driving, was found moving on the road in a suspicious manner. p.w.21 with the help of his men intercepted the vehicle. on inquiry, the person, who drove the motor cycle, disclosed his identity as chinnathambi @ subramani (a1). a1 gave a voluntary confession to p.w.1 in which he disclosed the place ..... judgment hereunder:- "50. ............now what are the courses open to the magistrate in such a situation? he may, as held by this court in abhinandan jha v. dinesh mishra, air 1968 sc 117: (1) agree with the report of the police and file the proceedings, or (2) not agree with the police report and (a) order further investigation, or (b) ..... 
    [13] =>  .....  present case, no determination of the judicial officer's date of birth was made as contemplated and required in rule 2 of the 1984 rules. the district judge, vishakhapatnam on opening the service register of the judicial officer mentioned both the dates namely; march 29, 1953 based on the decree and also july 1,  .....  public servant concerned had claimed correction of his date of birth with reference to the births and deaths register maintained under the births, deaths and marriages registration act, 1886. the andhra pradesh administrative tribunal corrected the date of birth as claimed by the petitioner before the tribunal, in view of the entry in the  ..... appellate court and the high court, more so, when the issue is decided in second appeal. but where the courts below loose sight of statutory provisions or act on irrelevant or inadmissible materials, and ignore relevant materials, interference is not impermissible. normally, in public service, with entering into the service, even the date of ..... 
    [14] =>  ..... request made by the first respondent seeking extension of the remand for a period of 30 days as provided under section 43-d of the unlawful activities (prevention) act, the learned special judge had passed the following order: acc. pro. r.e. till 18/7/14 58. we find it difficult to understand these telegraphic abbreviation in the order of ..... 1) .... (2) if the court after taking cognizance of an offence, or commencement of trial, finds it necessary or advisable to postpone the commencement of, or adjourn, any inquiry or trial, it may, from time to time, for reasons to be recorded, postpone or adjourn the same on such terms as it thinks fit, for such time as it ..... if the petitioner had been under illegal detention between january 10 to january 24, 1968 - though we do not decide this point - the detention became lawful on january 24, 1968 when he was arrested by the civil police and produced before the magistrate on january 25, 1968. he is now an under trial prisoner and the fact that he was  ..... 
    [15] =>  .....  submitted that they have followed the procedure as per indian stamp act as well as the tamil nadu stamp (prevention of undervaluation of instruments) rules, 1968 and an order has been passed in the year 2006 itself and the respondents have not filed any appeal. the learned judge considering the fact that the mother of the first respondent died on ..... , in the absence of specific date in the impugned order, should alone be taken into consideration for the purpose of calculation of the period of limitation for the inquiry to be initiated. that apart, the grievance of the petitioner is that there was no such enquiry at all initiated and only the impugned order directing the petitioner ..... and registration fee has been made. the said impugned order has been made beyond a period of three years. the respondent has no authority to initiate either the inquiry or make a demand in respect of the payment of stamp duty as well as registration fee beyond a period of three years of the registration. in that  ..... 
    [16] =>  ..... 323 and section 427 ipc and under section 3 of the the tamil nadu public property damages and loss act also section 149 was not invoked. 21. the charges framed would go to show that the learned trial judge had not bestowed his attention in the matter of framing charges. it is needless to say that the accused ..... the more, therefore, necessary for the court to bestow its attention to frame appropriate charges, going by the records. in our considered view the failure of the trial judge, in the instant case, to frame appropriate charges, amounts to a gross dereliction of judicial function. this court as well as the honourable supreme court have been  ..... documents and material objects have not been done properly. all these shortcomings, which we have pointed out herein above, would all go to show that the learned trial judge, the public prosecutor, who conducted the trial and the learned counsel, who defended the accused, did not bestow their attention to ensure that justice is done to the ..... 
    [17] =>  ..... set aside. it would be appropriate to incorporate paragraph 44 of the said decision: 44. in the present case, i am constrained to hold that the learned judge of the executing court had blindly accepted the valuation supplied only by the decree holder in respect of the valuable house property and such blind acceptance of the valuation ..... no.388 of 2011 was dismissed and the revision petition preferred against the said order was also dismissed as withdrawn. hence, as per article 127 of the limitation act, the revision petitioner/judgment debtor ought to have filed an application to set aside the sale within 60 days. but in order to circumvent the limitation, the  ..... the relief sought for by the revision petitioner/judgment debtor will fall under order 21 rule 90 cpc and hence, it is barred under article 127 of the limitation act. further, the application filed under section 47 and 151 cpc is not maintainable, against which the present civil revision petition has been preferred. 4. the learned  ..... 
    [18] =>  ..... to a.2 venkatesan, a.5 nallarasu, a.7 - senguttuvan @ savier @ manimaran and a.9 murugesan, are concerned. the conviction and sentence imposed on them by the learned sessions judge in s.c.no.12 of 2001 dated 20.03.2014 are set aside and they are acquitted from all the charges. the fine amount, if any paid, shall be .....  well as the privy council, it is crystal clear that the court should begin with the presumption that the approver is unworthy of credit and if the court decides to act upon the said evidence of the approver, it should look for corroboration, in material particulars. in other words, independently of the accomplice evidence, there should be some evidence  .....  explored the cohesion between these two provisions. the privy council has held that "on reading section 133 with illustration (b) to section 114, it is not illegal to act upon the uncorroborated evidence of an accomplice it is a rule of prudence so universally followed as to amount almost to a rule of law that it is unsafe to ..... 
    [19] =>  ..... held the proceedings against the delinquent officer in a manner inconsistent with the rules of natural justice or in violation of statutory rules prescribing the mode of inquiry of where the conclusion or finding reached by the disciplinary authority is based on no evidence. if the conclusion or finding be such as no reasonable ..... pradesh v. s.sree rama rao, reported in air 1963 sc 1723, the honble apex court had held as under: the departmental authorities are the sole judges of facts, and if there be some legally admissible evidence, on which their findings can be based, the adequacy or reliability of that evidence is not a ..... standing order, namely, standing orders for the employees of the cholan roadways corporation limited, kumbakonam as certified by the appellate authority under industrial employment (standing orders) act, 1946, which came into effect from 30.11.1976; that the common service rules and the certified standing orders have provisions for taking disciplinary action against  ..... 
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