Court : Supreme Court of India
Decided on : Jan-02-2023
..... that though the court found the power under section 5(2)(b) of the gold (control) act, 1968 to be invalid on the ground of excessive delegation, yet it found the power under section 5(2)(a) of the gold (control) act, 1968 to be valid since it provides an inbuilt safeguard that the administrator has to act after consultation with the rbi.172. a seven-judge bench of this court in ..... there is none. when the consistent stand of rbi is that they have not banned vcs and when the government of india is unable to take a call despite several committees coming up with several proposals including two draft bills, both of which advocated exactly opposite positions, it is not possible for us to hold that the impugned measure is proportionate ..... . applying the principles laid down in the aforesaid judgments, we will have to examine as to whether the decision-making process in the present case is flawed or not. our inquiry has to be limited only to find out as to whether there is an illegality in the decision-making process, i.e. whether the decision makers have understood the law ..... (1990) 3 scc223184 within the sphere of its authority and delegates power to an agent, it may empower the agent to make findings of fact which are conclusive provided such findings satisfy the test of reasonableness. in all such cases, judicial inquiry is confined to the question whether the findings of fact are reasonably based on evidence and whether such findings are .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-2023
..... comedy shows or plays that are conducted in collaboration with eateries or bars. although the customer is paying for a ticket to watch the music performance (or the stand- up act or the play, as the case may be), the essence of the business model is to provide a fillip to the revenue generated by another arm of the business. this ..... of the said enactments, they will certainly have due regard to the legislative intent evidenced by the provisions of the said acts and would exercise their jurisdiction consistent with the provisions of the act this is for the reason that the power under article 226 has to be exercised to effectuate the rule of law and not for abrogating it.22. the legislature ..... the food stalls inside theatre premises, that too at exorbitant rates, particularly affect young generation, senior citizens, diabetic patients and those who cannot eat for medical reasons. such kind of acts on the part of multiplex/cinema hall owners are against the right to choice of food, including the right not to eat junk food and right to good health, which ..... , (2021) 3 scc241 jacob punnen v. united india insurance co. ltd., (2022) 3 scc6555 (1986) 3 scc15616 contract or form or rules may be. there can be myriad situations which result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. these cases can neither be enumerated nor fully illustrated. the court must judge each case on its own .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-2023
..... decision in bandhua mukti morcha where the obligation of the state to ensure that the fundamental rights of weaker sections of society are not exploited, was underlined.97. tapping of telephones in exercise of the power conferred by section 5(2) of the indian telegraph act, 1885 became the subject matter of challenge in people s union for civil liberties (pucl) vs. union ..... minister or any other minister or ministers for particular decisions or governmental acts. that can be more suitably done, when wrongful acts or decisions are complained of, by means of inquiries under the act. as already indicated above, the procedure of parliamentary committees to inquire into every legally or ethically wrong act was found to be unsatisfactory and unsound. the principle of individual as ..... inalienable rights. dr. d.y. chandrachud. j.(as his lordship then was) enunciated the aforesaid principles in the following words: 119. the judgments rendered by all the four judges constituting the majority in adm jabalpur are seriously flawed. life and personal liberty are inalienable to human existence. these rights are, as recognised in kesavananda bharati, primordial rights. they ..... s. code 1982 which entitled all citizens of the united states to have the same right, in every state and territory, as is enjoyed by 56109 us3(1883) 57392 us409(1968) 72 white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.52. but a good 20 years before the decision in jones (supra .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-04-2023
..... on the adjudicating authority to consider the claim for condonation of the delay when once the proceeding concerned is found filed beyond the period of limitation.25. as relates section 5 of the limitation act showing sufficient cause is the only criterion for condoning delay. sufficient cause is the cause for which a party could not be blamed. we have already taken note ..... nath agarwal s case (supra), found that it did not deal with the question regarding the scope of protection afforded to the industrial company concerned, under section 22 (1) of sica. having observed thus, the three-judge bench went on to consider the said question. in that regard, paragraphs 32, 33 and 53 are relevant and reads thus:3. (2015) 1 scc166page ..... of the stated sub-clause (b) and the provisos would not reveal or indicate prescription of any such specific time limit as regards the opposite parties in the abated reference, inquiry or proceeding for proceeding with their available remedy under ibc. in the said circumstances, if such an opposite party falls within the expression operational creditor , under ibc, it could only ..... , it is recorded thus:- both the learned counsel have taken instructions and have jointly submitted that let the parties get their dispute settled through the arbitration process where learned former judge of this court, justice j.c. upadhyaya (retired) page 59 of 61 has already been appointed as the arbitrator on 29.11.2019 and since then the matter is pending .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-06-2023
..... . it is pertinent to note that though learned jmfc has rightly imposed punishment, learned sessions judge without looking into the provisions of section 138 of n.i. act, with reference to only section 29 cr.p.c. held that jmfc has no such power to impose fine of more than rs.5,000/- and after amendment to rs.10,000/-. this finding of the learned sessions ..... cr.p.c. has no application.30. therefore, in view of above discussion, it is evident that the impugned judgment is passed ignoring the provision of section 138 of n.i. act. the learned sessions judge has not applied his mind to the evidence on record. therefore, such judgment being illegal, perverse and erroneous has - 29 - crl.a no.172 of 2012 resulted ..... , trying or otherwise dealing with such offences.27. therefore, in view of sub-clause(2) of section 4 cr.p.c., the trial of the offence under n.i. act are governed by provisions of n.i act insofar as dealing with such offences.28. further, section 5 cr.p.c. states that nothing contained in this code, in the absence of a specific provision ..... restrictions need to be visualised in the context of the particular matter before the appellate court and the nature of inquiry therein. the same rule with same rigour cannot be applied in a matter relating to the offence under section 138 of the ni act, particularly where a presumption is drawn that the holder has received the cheque for the discharge, wholly or in .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-10-2023
..... day, the court delivered the following: judgment in this appeal the appellant has challenged the judgment dated 03.03.2014 passed in m.v.c.no.1847/2010 by the principal senior civil judge & motor accident claims tribunal, mangalore (hereinafter referred to as tribunal' for short).2. the appellant-insurance company was the second respondent, ..... of the year 2010, the deceased was a bachelor aged 26 years, he was an earning member, without proof of income, his income is taken at rs.5,500/- and 40% of future prospects rs.2,200/- is added in view of national insurance co.ltd.-.vs- pranay sethi and mfa.4286/2014 8 ..... cannot be supported with.11. insofar as award of compensation is concerned, the tribunal has taken the income of the mfa.4286/2014 7 deceased at rs.5,000/- per month and deducted 50% towards personal expenses and applied the multiplier of '17' for the age of the deceased at 26 years and ..... pendency of this appeal.7. it has been argued by learned counsel for the insurer referring to fsl report that death of the mfa.4286/2014 5 deceased was due to his ailment for which he was being carried to mangalore and the tribunal has committed an error in assessing the compensation instead ..... treated as lr of deceased r1) this mfa is filed under section1731) of mv act against the judgment and award dated0303.2014 passed in mvc no.1847/2010 on the file of the principal senior civil judge & member, mact, mangalore, awarding a compensation of rs.5,50,000/- with interest @ 6% p.a. from the date of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2023
..... the time of submitting verification of his character certificate had suppressed the fact that he was involved in a criminal case for the offence under sections 323, 324 and 341 of ipc in respect of which an fir being no.153/2003 was registered against him on 21.10.2003; ..... that having regard to the gravity of the established misconduct, the punishing authority had the power and jurisdiction to impose punishment. the penalty was not open to review by the high court under article 226. a three-judge bench in case of b.c. chaturvedi vs. union of india & ors9 had also ..... e) the court should inquire whether the authority concerned whose action is being challenged acted mala fide. 10 f) is there any element of bias in the decision of the authority?. g) whether the procedure of inquiry adopted by the authority concerned was fair and reasonable?.9. having regard to the guiding ..... laid therein governing the subject are bit inconsistent. even after, the larger bench 2 (2022) scc online sc13003 (2022) 1 scc14 (2022) 6 scale 108 5 (2022) scc online sc5326 (2021) 10 scc1367 (2019) 17 scc6969 decision in the case of avtar singh (supra) different courts have enunciated different principles.90 ..... taken in the cases of union of india & ors. vs methu meda3; union of india vs. dilip kumar mallick4; pawan kumar vs. union of india & anr.5; rajasthan rajya vidyut prasaran nigam limited & anr. vs. anil kanwariya6; mohammed imran vs. state of maharashtra & others7; etc., further laid down following principles: 89 .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jan-16-2023
..... also the impugned judgment and conviction is liable to be set aside. that the learned judge has committed a grave error in law in concluding that the appellant has committed an offence under section 5(i) of the pocso act 2012. in arriving at such conclusion the learned judge has not appreciated the material evidence on record in right perspective which has resulted in miscarriage ..... of justice. that the learned judge failed to see that the evidence of the victim pw-3 is not ..... and order of sentence convicting the appellant for the offence punishable under section 363 of the ipc as well as section 5(1) of 8 the pocso act is against the law, evidence, facts and probabilities of the case. the same being legally unsustainable is liable to be set aside. that the learned judge having regard to the facts and circumstances of the case and ..... and 30 of the pocso act. 67. thereafter, the learned special judge heard the parties in detail and formulated two points and holding the said points in the affirmative, passed an order of conviction convicting the accused for the offences punishable under section 363 of ipc and section 5(1) of the pocso act punishable under section 6 of the pocso act and passed the sentence as under .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2023
..... an accused can be kept in detention beyond a period of 24 hours only when it is authorised by the magistrate in exercise of power under section 167crpc. the power to authorise detention is a 37 very solemn function. it affects the liberty and freedom of citizens and needs to be exercised with great ..... crpc aimed to avoid unnecessary arrest or threat of arrest looming large on the accused requires to be vitalised. section 41-a as inserted by section 6 of the code of criminal procedure (amendment) act, 2008 (5 of 2009), which is relevant in the context reads as follows: 41-a. notice of appearance before police ..... scc260:1994. scc (cri) 1172]. involved arrest of a practising lawyer who had been called to the police station in connection with a case under inquiry on 7-1-1994. on not receiving any satisfactory account of his whereabouts, the family members of the detained lawyer preferred a petition in the nature ..... family from making use of the road that led to his agricultural property. this constrains the petitioner to approach the court of the principal civil judge and jmfc, bantwal in o.s.no.391 of 2022. the court entertaining the suit grants temporary injunction against k.vasantha gowda, in terms ..... prosecution is pending. 4834. in rudul sah v. state of bihar [(1983) 4 scc141:1983. scc (cri) 798]. the petitioner therein approached this court under article 32 of the constitution alleging that though he was acquitted by the sessions court on 3-6-1968, he was released from jail only on 6 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2023
..... and order the high court has allowed the appeal preferred by the respondent herein taking the view that amendment to section 1 of the esi act by which sub- section (6) of section 1 came to be inserted w.e.f. 20.10.1989, the same shall not be applicable retrospectively and ..... on the employer and the employee to contribute in the prescribed proportion and manner towards the welfare fund constituted under the act (sections 38 to 51 of the act) to provide sustenance to the workmen in their hours of need, particularly when they become economically inactive because of a ..... which furthers the legislative intention should be preferred to the one which would frustrate it. 28. dealing with this very act, a three-judge bench of this court in buckingham and carnatic co. ltd. v. venkatiah [air1964sc1272 speaking through gajendragadkar, j., (as he then was) held, accepting the contention of the learned counsel ..... section (6) to section 1 of the esi act by which a factory or an establishment shall be governed by the esi act notwithstanding the number of persons employed therein at any time falls below the limit specified by or 4 under the esi act or the manufacturing process therein ceases to be carried on with the aid of power ..... . 3.2 it is submitted that demand notices for the period post 20.10.1989, therefore, cannot be said to be illegal applying sub-section (6) of section 1 retrospectively as .....
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