Court : Supreme Court of India
Decided on : Nov-16-2021
..... the allegation was that one of the members of the committee constituted by the chairman of the council of states (rajya sabha) under section 3(2) of the judges (inquiry) act, 1968 was biased. this judgment extensively recites and assimilates from both domestic and foreign judgments on the question of bias and prejudice and quotes the following observations in dr. ..... to be a calculated move on the petitioner's part. he is an intelligent person and knows that in terms of rule 9(2) (c) of the judges (inquiry) rules, 1969, the presiding officer of the committee is required to forward the report to the chairman within a period of three months from the date the charges ..... 2)(c). this court or, for that reason, no court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry. nevertheless, the court in p.d. dinakaran (1) (supra) had requested the chairman to nominate another distinguished jurist in place of the person in question, duly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-05-2021
..... adjudication are entirely distinct. judicial adjudication involves applying rules of interpretation and law of precedents and notwithstanding deep understanding, knowledge and wisdom of an individual judge or the bench, it cannot be equated with law making in a democratic society by legislators given their wider and broader diverse polity. the ..... across the world. as per global standards, the petitioners have submitted, such competitions entail three basic norms a two-part open competition, competition to be judged by jury (with citizen participation), encouragement of widest participation. various domestic examples were also cited including of national war memorial and indira gandhi national center ..... wide powers to the authority as it does not even provide for a specified method of inquiry. on the contrary, in the present case in section 11a(3) of the 1957 act, the method of inquiry is expressly specified i.e. inviting objections and suggestions from any person and further the authority .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jan-06-2021
..... act. this appeal coming on for orders, this day, hanchate sanjeevkumar j., delivered the following: judgment though this appeal ..... m.y.katagi, advocate for r2) - 2 - this appeal is filed under section301) of the employees compensation act, 1923, against the judgment and award dated1409.2018 passed in eca no.6/2017 on the file of the principal senior civil judge-cum-motor accident claims tribunal -iv, hosapete, dismissing the claim petition filed under section22of workmen compensation ..... (hereinafter referred to as e.c. act for short) calling in question the judgment and award passed in e.c.a. no.6/2017 dated 14.09.2018 on the file of principal senior civil judge-cum- m.a.c.t.-iv, hosapete (hereinafter referred to as trial court for short), whereby the claim .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-06-2021
..... filed under section96of the code of civil procedure, 1973, praying to set aside the judgment and decree dated1102.2013 passed by the court of first additional senior civil judge, shimoga, in o.s. no.80/2010, decreeing the suit for specific performance. this regular first appeal having been heard and reserved for judgment, is coming ..... that vital and fundamental terms for sale of immovable property were concluded between the parties and in terms of the provisions of section 20 of the specific relief act where discretion for grant of specific performance is discretionary, but it has to be exercised in accordance with sound and reasonable judicial principles . to grant specific ..... correction by a court of appeal. therefore, the discretion should be properly exercised keeping in view the settled principles of law as envisaged in section 20 of the act. this case demonstrates that the high court [ram roop pandey v. surya narain upadhyaye, second appeal no.2385 of 1974, decided on 26-9-1979 (all) .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jan-08-2021
..... to all pending matters where above aspects are under consideration. - 17 - thus the view taken by this court in sarla verma is affirmed by the three-judge bench of this court in reshma kumari. split multiplier 32. for determination of compensation in motor accident claims under section 166 this court always followed multiplier method. ..... court, namely, susamma thomas (air1994sc1631:1994. air scw1356 trilok chandra and charlie (air2005sc2157 2005 air scw1801 for the claims made under section 166 of the 1988 act. the court said that multiplier shown in column (4) of the table must be used having regard to the age of the deceased. perhaps the biggest ..... assessment of compensation. some judgments of the high courts have justified a departure from the multiplier method on the ground that section 110-b of the motor vehicles act, 1939 insofar as it envisages the compensation to be 'just', the statutory determination of a 'just' compensation would unshackle the exercise from any rigid formula. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-11-2021
..... be rendered invalid, un-enforceable or non-existent, even if the substantive contract is not admissible in evidence, or cannot be acted upon on account of non-payment of stamp duty. 6.5 a three-judge bench of this court in hindustan steel limited v. m/s. dilip construction company27 held that : 4. the award, ..... entail extensive evidence being led, hence the disputes could be resolved through arbitration. 8.3 under the arbitration act, the earliest decision on the issue of arbitrability of allegations of fraud was considered by a two-judge bench in n. radhakrishnan v. maestro engineers.29 in this case, the applicant had made serious allegations ..... unregistered and unstamped lease deed, which required compulsory registration under sections 17 and 19 of the registration act 1908, was valid and enforceable, being a part of the said lease deed which was invalid and unenforceable. a two-judge bench of this court considered the following two issues : (i) whether an arbitration agreement contained in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-11-2021
..... with the appropriate government, one or more judicial officer as deemed necessary, who is or has been a district judge to be an adjudicating officer for holding an inquiry in the prescribed manner, after giving any person concerned a reasonable opportunity of being heard: provided that any person ..... statutory clearance such as the approvals for storage of diesel from chief controller of explosive, fire department, civil aviation department, forest conservation act, 1980 and wildlife (protection) act, 1972, forest act, 1927, plpa1900etc. shall be obtained as applicable by project proponents from the respective authorities prior to construction of the project. ( ..... as the approval for storage of diesel from the chief controller of explosives, fire department, civil aviation department, forest conservation act, 1980 and wildlife (protection) act, 1972, forest act, 1927, plpa1900etc. from the concerned authorities, prior to the construction of the project.7. the apartment buyers vide letter .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-13-2021
..... or other thing envisaged under the aforesaid provision can be ordered to be produced on finding that the same is 'necessary or desirable for the purpose of investigation, inquiry, trial or other proceedings under the code'. the first and foremost requirement of the section is about the document being necessary or desirable. the necessity or desirability ..... have to be borne in mind that law does not permit a roving or fishing inquiry.11. applying the above legal principles enunciated in the above case to the case on hand, it is crystal clear that the learned district judge was obliged only to consider the materials placed by the prosecution and should not have relied ..... provisions of the indian penal code. we may also note that the decisions cited by learned counsel for the accused where the prosecutions under the income tax act have been quashed as a result of findings in the departmental appeals have no relevance for considering the question involved in these matters.20. reliance placed on .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-15-2021
..... behalf of the petitioner for not availing the umpteen opportunities earlier granted for leading defence evidence is hardly plausible, to say the least. c) the learned trial judge though not in a happy language structures the impugned order with the following reason: this suit is filed by the plaintiffs seeking damages from the defendant, in which ..... posted for arguments; petitioner by the subject applications filed serially & belatedly requested for reopening the suit stage so that he can lead his evidence; the learned trial judge vide order dated 17.11.2020 (annexure-a) has declined this request; that is how petitioner is now knocking at the doors of writ court.2. having ..... hon ble court, to establish the case of the defendant. the truth is to be proved before this hon ble court, which calls for production of deeds, act, and things of the plaintiff. the plaintiff s intention to suppress the constitutionally guaranteed freedom of expression needs to be established before this hon ble court. 4 .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-16-2021
..... trial court convicted both respondent - accused (drivers of bus and truck) and directed them to undergo rigorous imprisonment for two years each - sentence upheld by sessions judge - high court considering that respondent - accused had suffered a protracted trial for about 17 years and had already undergo custody for 15 days, 12 reduced quantum of ..... sections 304a of ipc, the court held that:"criminal courts cannot treat nature of offence under section 304a ipc as attracting benevolent provisions of probation of offenders act - one of the prime considerations in determining quantum of sentence for offence of causing death or injury by rash and negligent driving of automobiles should be ..... is allowed-in-part. while maintaining the order of conviction for the offence punishable under sections 279 and 304a of ipc and section 187 of imv act, the sentence of imprisonment ordered for the offence punishable under section 279 of ipc is set-aside. rest of the sentence stands unaltered. the accused is .....
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