Court : Supreme Court of India
Decided on : Mar-21-2023
..... that, we must emphasise the need for judges to exercise caution in off-the-cuff remarks in open court, which may be susceptible to misinterpretation. language, both on the bench and in judgments, ..... , in the case of election commission of india v. m.r. vijaybhaskar3, while examining certain adverse remarks made by the high court, held that judges must exercise extreme caution while passing remarks in court that may susceptible to misinterpretation. the relevant paragraph of the judgment is being produced hereunder: having said ..... relevant observations from the aforesaid judgment is being reproduced herein: we may observe in conclusion that judges should not use strong and carping language while criticising the conduct of parties or their witnesses. they must act with sobriety, moderation and restraint. they must have the humility to recognise that they are not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2023
..... high court dismissed the appeal preferred by accused no.1, appellant herein, against the judgment and order of conviction dated 20th december 2018, passed by the additional district and sessions judge, hosur (hereinafter referred to as trial court ), in s. c. no.7 of 2007, for the offences punishable under sections 302 1 and 341 of the indian penal code, 1860 ..... help group. to build a compound wall around the said land, a contract for building the same was given to the people hailing from the deceased s community. such an act inflamed tensions between the two communities and several quarrels ensued, one of which led to criminal cases being registered against both the parties in the bagalur police station. both the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2023
..... do not involve point of law of general public importance under section 31 of the said act read with article 136(2) of the constitution.14. the view, thus, was stated to be in direct conflict with the observations of the seven-judges bench in l. chandra kumar14 in para 79, which reads as under:- 10 ( ..... restriction.20. learned counsel sought embargo from the high court exercising jurisdiction under article 226 of the constitution in the following cases: i) all cases related to courts of inquiry, court(s) martial, and discipline; ii) all cases related to pension and other retirement benefits, tenure, promotion, retirement, administrative termination of service, such as in ..... marks vis-a-vis different tribunals, though it has also produced some successes), the same was tested in l. chandra kumar18 case before a bench of seven judges of this court. thus, while upholding the principles of tribunalisation under article 323a or article 323b, the bench was unequivocally of the view that decisions of .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-23-2023
..... in hand is not adjudication of an industrial dispute under section 10(1)(c) or (d) read with section 11-a of the act. however, if the labour court finds that the domestic inquiry held against the appellant is suffering from one of the incurable defects as illustrated by this court in mysore steel works (p) ltd. ..... that the high court travelled outside its jurisdiction in embarking upon a reappraisal of the evidence. the prescribed authority as well as the learned second additional district judge concurrently found that madan lal was sitting in the shop on behalf of the appellant and deputising for him in carrying on the vegetable selling business. the ..... the judgment in the case of john d souza vs. karnataka state road transport corporation11 more particularly para 33, which is reproduced hereunder for easy reference:33. the three-judge bench decisions of this court in punjab national bank [punjab national bank ltd. v. workmen, (1960) 1 scr806: air1960sc160 and mysore steel works (p) ltd. [ .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2023
..... discharge of its functions including the place or places at which it will hold its sittings. (6) the tribunal shall, for the purpose of making an inquiry under this act, have the same powers as are vested in a civil court under the code of civil procedure, 1908 (5 of 1908), while trying a suit, ..... been encapsulated by a constitution bench of this court in kaushal kishor v. 7 air1952sc3298 air1963sc8129 (2015) 5 scc113 state of u.p. & ors.10 (five-judge bench). justice v. ramasubramanian has reiterated that the restrictions under article 19(2) have been included after detailed deliberations. furthermore, after the amendments to the constitution that ..... considers to be against the public interest to disclose. similarly, rule 3(2) and the proviso to rule 5 of the unlawful activities (prevention) rules, 1968 also permit non-disclosure of confidential documents and information which the government considers against the public interest to disclose. 26. an authorised restriction saved by article 19( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2023
..... 1 scc3598 (2007) 1 scc8016 factual aspect has been elaborately dealt with. he pointed out that under the provisions of the 2000 act, an inquiry is required to be made at three stages. the first is an inquiry by a competent authority for ascertaining the genuineness of the claim of the applicant on the basis of documents produced by him. ..... , we come to the decision in the case of vijakumar3. a perusal of the decision in the case of vijakumar3 shows that a bench of two hon ble judges dealt with issue of a tribe claim arising from the state of maharashtra. a careful perusal of the decision shows that there is not even a reference to the ..... which caste validity has been granted to the blood relative of the applicant. if it is established that the validity certificate has been granted without holding a proper inquiry or without recording reasons, obviously, the caste scrutiny committee cannot validate the caste certificate only on the basis of such validity certificate of the blood relative.23. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2023
..... gotten diluted in view of the judgment of this court in the case of abuzar hossain (supra), delivered by a three judge bench. but abuzar hossain (supra) deals with the context in which inquiry shall be directed under the 2000 act and rules made thereunder. this authority does not come into conflict with ratio of the decision in the case of ashwani ..... to be the main factor for determination of juvenility. in the case of rishipal singh solanki (supra), the two judge bench of this court has laid 61 down the principle that an inquiry initiated under section 9 (2) of 2015 act would be similar to that contained in section 94 of thereof. we accept this view. we have called for the ..... in the present case.25. next comes the question as to whether the course adopted by the inquiring judge was in terms of the provisions of the 2015 act or not. mr. patil, relying on section 103 of the 2015 act submitted that the inquiry had to be in terms of the code of criminal procedure, 1973. section 103 of the 2015 .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-27-2023
..... no.2603 of 2017 and the present appellant, arraigning them as respondents no.1 and 2 respectively, in the court of the member, motor accident claims tribunal, and xvi additional judge, court of small causes, bangalore, (hereinafter for brevity referred to as the tribunal ).2. the present respondents no.1 to 3, who were the claimants before the tribunal in the ..... the driver of the maxi cab for the offences punishable under section 304-a of the indian penal code, 1860 and section 134(a) and (b) of the m.v. act, by that itself it cannot be concluded that the absolute negligence was solely on the part of the driver of the maxi cab only. it is also for the reason ..... r-1 to r-3; r-4 - notice dispensed with vide order dt.17-10-2017) **** this miscellaneous first appeal is filed under section 173(1) of the motor vehicles act, 1988, praying to call for the records and modify the judgment and award dated 27-01-2017, passed by the motor vehicles accident claims tribunal, bangalore city, scch-14 in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2023
..... evidence which are unnecessary and not required for the purpose of a fair hearing within the meaning of audi alteram partem rule in a quasi-judicial or administrative inquiry. [ ]. (emphasis supplied) 65. audi alteram partem, therefore, entails that an entity against whom evidence is collected must: (i) be provided an ..... have given the contractor adequate opportunity to represent against the proposed action of debarment.46. in raghunath thakur v. state of bihar34, a two-judge bench of this court held that since blacklisting entails civil consequences an order of blacklisting should be issued only after following the principles of natural justice ..... not mere legal formalities. they constitute substantive obligations that need to be followed by decision-making and adjudicating authorities. the principles of natural justice act as a guarantee against arbitrary action, both in terms of procedure and substance, by judicial, quasi-judicial, and administrative authorities. two fundamental principles .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-28-2023
..... delivered/pronounced the following: judgment the state has challenged the judgment dated 31.08.2019 passed in criminal appeal no.184/2013 by the learned i additional district and sessions judge, u.k. karwar sitting at sirsi itinerary at yellapur (for short, the appellate court ) acquitting the accused no.1/respondent of the offences punishable under sections 341 ..... ipc. he has to be convicted under sections 324 and 326 of ipc. as we notice accused no.1 is aged 24 years, provisions of probation of offenders act, 1958 is not applicable as the higher punishment prescribed for the offence under section 326 of ipc. in the background of incidence and considering all the circumstances, ..... and 6 are interested witnesses is not proper, as there was no earlier quarrel between them nor there was civil suit pending between the parties. merely because the acts of accused in construction of soak pit being stopped, they have no licence to inflict injuries on p.w.1 and 3. hence, the evidence is sufficient, .....
Tag this Judgment!