Court : Supreme Court of India
Decided on : Oct-19-2023
..... building of members of the iccs/lcs/ics established in the high courts and district courts and for drafting standard operating procedures (sops) to conduct an inquiry under the act and rules. (viii) a copy of this judgment shall be transmitted to the secretaries of all the ministries, government of india who shall ensure implementation ..... similarly, the registrar generals of the state high courts shall transmit a copy of this judgment to the directors of the state judicial academies and the principal district judges/district judges of their respective states. (xi) the chairperson, bar council of india and the apex bodies mentioned in sub-para (ix) above, shall in turn, transmit ..... a scheduled caste, scheduled tribe, or other backward class.22 an lc is 22 as per section 6 and 7 of the act. 12 empowered with powers equivalent to a civil court23 to conduct inquiry, issue summons, enforce attendance, etc., which is reflective of its importance in the framework. the inclusion of nominees from such .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-19-2023
..... which is essentially a matter for trial. while exercising jurisdiction under section 482 of the code, it is not permissible for the court to act as if it was a trial judge. even when charge is framed at that stage, the court has to only prima facie be 62 satisfied about existence of sufficient ground for ..... , this court in p. 78 sirajuddin [p. sirajuddin v. state of madras, (1970) 1 scc595:1970. scc (cri) 240]. expressed the need for a preliminary inquiry before proceeding against public servants. [ ].119. therefore, in view of various counterclaims regarding registration or non-registration, what is necessary is only that the information given to the ..... is made out in the information given, then the fir need not be registered immediately and perhaps the police can conduct a sort of preliminary verification or inquiry for the limited purpose of ascertaining as to whether a cognizable offence has been committed. but, if the information given clearly mentions the commission of a cognizable .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
..... under the particular circumstances of the case would suffice. d) the respondent filed a petition under section 34 of the act, seeking to set aside the second award. the learned single judge of the high court vide judgment and final order dated 25th february 2010 allowed the objection under section 34 and ..... relying on associated builders vs. delhi development authority1, learned counsel submitted that the arbitrator is the sole judge of the quality and quantity of evidence and the high court, under section 34 of the act, cannot act as a first appellate or a revisional court by interfering with arbitral awards in the absence of perversity ..... court , hereafter) dismissing an appeal carried by the appellant under section 37 of the arbitration and conciliation act, 1996 ( the act , hereafter). vide the impugned judgment, a division bench affirmed the judgment and order of a learned single judge dated 25th february, 2010 whereby an objection of the all india radio ( respondent , hereafter) under .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
..... was corroborated. it was also contended that none of the prosecution witnesses supported the story of prosecution and they had turned hostile and as such learned session judge ought not to have convicted the accused persons.5. the high court by the impugned judgement having formulated points for its consideration vide paragraph 18 of the ..... governing dying declaration as under: (paniben case, scc pp. 480-81, para18) (i) there is neither rule of law nor of prudence that dying declaration cannot be acted upon without corroboration. (ii) if the court is satisfied that the dying declaration is true and voluntary it can base conviction on it, without corroboration. (iii) this ..... , the medical opinion cannot prevail. 17 (x) where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon.25. after referring to the decision of this court in khushal rao v. state of bombay, this court in vikas reiterated the legal position that where .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
..... the applicant had been exposed to, but the insurer had denied its liability for. the supreme court underlined that arbitrators perform judicial functions and are required to act as judges would, without fear or favour, affection or ill-will. one way of satisfying the parties as to an arbitrator s impartiality is disclosure. the role of ..... parthasarathi (supra): if right-minded persons would think that there is real likelihood of bias on the part of an inquiring officer, he must not conduct the inquiry; nevertheless, there must be a real likelihood of bias. surmise or conjecture would not be enough. there must exist circumstances from which reasonable men would think ..... both contesting parties, and the tribunal. this is clear from the directives enunciated by ongc (supra), through the majority opinion, which has the concurrence of the third judge as well: 1. [..].2. in cases where the arbitrator(s) are appointed by parties in the manner set out in the arbitration agreement, the fees payable to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-2023
..... of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a ..... procedure to be followed before a particular forum. the right becomes vested when the proceedings are initiated in the tribunal. (emphasis supplied) in taking this view, the two-judge bench did not consider binding decisions. dhadi sahu [cit v. dhadi sahu, 1994 supp (1) scc257 failed to consider that the saving of pending proceedings in mohd. ..... issue one has to take into consideration the objective behind the 25 enactment, along with the provisions contained thereunder. dhulabhai etc. v. state of madhya pradesh and another, (1968) 3 scr662: air1969sc78 32. neither of the two cases of firm of illuri subayya, 1964-1 scr752= (air1964sc322 or kamla mills, 1966 1 scr64= (air1965sc1942 can be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-2023
..... , 1973 (hereafter crpc ), be it on the request of the prosecution or suo moto. such constitutional or statutory power is not limited by any barriers like the stage of inquiry, trial, or other proceeding. a person can be called and examined though not summoned as a witness, or can be recalled, or re examined so as to throw light ..... high court of karnataka at bengaluru, whereby respondent no.1 was granted regular bail in trial proceedings numbered s.c. 1111/2021, pending before ld. addl. city civil and sessions judge, bengaluru. the said trial has emanated from crime no.151/2019 dated 21.12.2019 registered at police station vyalikaval, bengaluru under sections 109, 120b, 201, 302, 450, 454 ..... no.1 has other criminal antecedents also. he is involved in crime no.122/2017 under section 3(1) of the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989, and sections 345(a)&(b), 341, 355, 323, 504 read with 34 of the ipc and crime no.205/2017 under sections 96, and 97 of the kp .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-2023
..... or for amendment of issues, examination of witnesses on commission summoning unnecessary witnesses etc., these tactics do not succeed before an experienced and astute judge. they succeed only before judges who have no adequate experience. and such tactics succeed not because of the observance, but because of the non-observance, of the rules ..... every court, who should be cautious and vigilant against such indolent acts and persons who attempt to thwart quick dispensation of justice. a response is expected from all parties involved, with a special emphasis on the presiding officer ..... in the instant case and to all the pending matters by necessarily holding that every stakeholder in the process of dispensation of justice is required to act swiftly, diligently, without giving scope for any delay in dispensation of justice. thus, an onerous responsibility rests on the shoulders of the presiding officer of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2023
..... on bail instead of the personal bond with or without sureties: provided further that no such person shall in any case be detained during the period of investigation, inquiry or trial for more than the maximum period of imprisonment provided for the said offence under that law. explanation. in computing the period of detention under this section ..... 56 436a of the code reads: 436-a. maximum period for which an undertrial prisoner can be detained. where a person has, during the period of investigation, inquiry or trial under this code of an offence under any law (not being an offence for which the punishment of death has been specified as one of the ..... manish sisodia. this was on account of favourable change and tweak in the new excise policy. analysis 8. referring to section 4531 of the pml act, in vijay madanlal choudhary (supra), the three judges bench has opined that the 31 section 45 reads: 45. offences to be cognizable and non-bailable. (1) notwithstanding anything contained in the code .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2023
..... any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such ..... inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the ..... totally discrediting this witness. it is here that we feel that the learned judges of the high court have gone wrong.20. the contractions in the two statements may or may not be sufficient to discredit a witness. section 145 read with section 155 of the evidence act, have to be carefully applied in a given case. one cannot lose sight .....
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