Court : Supreme Court of India
Decided on : Mar-28-2023
..... and the selection process did not conform to the prescribed procedure. iv) upon perusal of the selection record, the learned single judge observed that it transpired that the selection board while making the selection had given extra weightage to some of the candidates when ..... .5. it was asserted that the power of judicial review does not extend to conducting a microscopic inquiry beyond the pleadings in the writ petition. reliance was placed on sadananda halo to contend that this court has held that a roving and ..... microscopic inquiry on factual aspects is not permissible in a writ petition. that a writ court cannot place itself as a ..... up to achieve the objective of the drugs and cosmetics act. 5.10. thereafter, nine letters patent appeals were filed before the high court challenging the order dated 18.12.2015 passed by the learned single judge. out of the nine appeals, three lpas (lpa nos .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-2023
..... with the police was lodged in that regard. in such circumstances, the witnesses deposed falsely against them.12. at the conclusion of the trial, the learned trial judge convicted the appellants herein for the offence punishable under section 302 read with section 34 ipc and sentenced both as stated hereinbefore. the original accused nos. 2 and ..... admissible. but for bringing such hearsay evidence within the provisions of section 6, what is required to be established is that it must be almost contemporaneous with the acts and there should not be an interval which would allow fabrication. the statements sought to be admitted, therefore, as forming part of res gestae, must have ..... simultaneous with the incident or substantial contemporaneous that is made either during or immediately before or after its occurrence.50. sections 6 and 7 resply of the act 1872 in the facts and circumstances of the case, in so far as, the admissibility of a statement of the pw3nasir rajjak khan coming to know about .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-29-2023
..... she would be entitled to the benefit of the amended provision irrespective of the effect whether a coparcener had died before the commencement of the amendment act.63. a three-judge bench of this court doubted the correctness of the dictum as laid in prakash (supra) as there was an apparent conflict between the dictum as ..... deed. indisputably, in the case on hand, the first appellate court had neither recorded the statements of the parties in the court nor had made any inquiry into the terms of the settlement. it is in such circumstances that the high court in its impugned order has observed that the compromise petition was signed ..... envisaged under section 6(5) had taken place. (emphasis supplied). (reference: article titled changing dimensions of hindu coparcenary and section 6, hindu succession act, 1956 by justice satya poot mehrotra, former judge allahabad high court.) 76. the reference was ultimately answered in paras 137.1 to 137.5 resply as under: 137.1. the provisions contained .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-05-2023
..... the imposition, the prevailing conditions at the time, all provide the basis for considering the reasonableness of a particular provision. the procedure embodied in the act has to be judged in the context of the urgency and the magnitude of the problem, the underlying purpose of the restrictions and the prevailing conditions. 42 om kumar ..... constitutional requirement entrenched in articles 14,19 and 21. the facet of audi alterum partem encompasses the components of notice, contents of the notice, reports of inquiry, and materials that are available for perusal. while situational modifications are permissible, the rules of natural justice cannot be modified to suit the needs of ..... public interest in the administration of justice that is injured due to non-disclosure of documents. the house of lords established three 94 [1942]. ac62495 [1968]. ac91096 part h principles of seminal importance. firstly, the power to decide if evidence has to be withheld from the court resides with the court and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2023
..... enquiry officer in respect of those charges. 4 charges against the judicial officer s. charge reply to charge held to be no.proved/not proved by the inquiry officer inquiry di.2/2005 1. that the judicial officer first suit- absence of the proved had granted an order of agp (mallaraja gowda) on status quo on ..... , learned senior counsel appearing the appellant-high court and ms. anitha shenoy, learned senior counsel appearing for the respondent. 24. the respondent was appointed as a civil judge (junior division) vide a notification dated 31.01.1995.5. on certain allegations of gross misconduct, the respondent was placed under suspension by an order dated 25.01 ..... judgments before in o.s.31/2001 but did pronouncement. there was not sign the judgment. never any complaint against him to this effect. that vested interests acting against him. his stenographer was new and irregular in taking dictation, made mistakes, and admitted his shortcomings in a letter.4. that the judicial officer denied the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-11-2023
..... . accordingly, all the review applications are closed. consequently, the connected miscellaneous petitions are also closed. (xi) but in the batch of contempt petitions, the learned judge passed an order adjourning the contempt petitions to 04.11.2022, for passing appropriate orders after perusing the intelligence report produced by the state in a sealed cover; ..... on the representations of the organisers; (vii) in the light of the memorandum issued by the director general of police on 29.10.2022, the learned judge before whom the contempt petitions came up on 31.10.2022, passed an order to the following effect:- the learned senior counsel appearing for the petitioner produced ..... passed in the batch of review applications. a perusal of the order of the learned judge shows that the learned judge considered the scope of sections 41 and 41a of the chennai city police act, 1888 and section 30 of the police act, 1861, to come to the conclusion that the reliefs sought in the writ petitions .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-12-2023
..... as well as interest thereon to the third party subject to limitation prescribed in the insurance policy. but under the employee s compensation act, there is no stipulation compulsorily covering the risk of the employees. therefore, it is option on part of the employer to enter into ..... may be specified by the central government by notification in the official gazette, on the amount due; and20. therefore, under employee s compensation act, 1923, it is obligation on the part of the insured/employer to pay the quantum of amount determined, interest and penalty thereon. but ..... is pure contract of insurance and not statutorily compulsory coverage insurance.18. in the case of issuance of insurance policy under the motor vehicles act, is different which is mandatorily to be purchased by the owner covering the risk, atleast so far as third party is concerned. ..... order passed by this court forthwith without any delay. iv. no order as to costs. sd/- judge jj para 1 to 19/ka para 20 to 26/bnv ct: abs .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-13-2023
..... provisos declares a sale, gift, exchange or mortgage or transfer 61 of waqf property to be ab initio void. section 52 of the act provides that if the board is satisfied, after making any inquiry, as may be prescribed, that any immovable property of a waqf entered as such in the register of waqfs maintained under section 36, ..... 20th november, 1961 and appointed by g.o.ms. no.2264, dated 30th december, 1967, the special officer for wakfs madras v. subramanyam and others21, the learned judge was, inter alia, dealing with the following facts: the suits were filed for recovery of properties alleged to belong to the waqf, which were dismissed on the ground of ..... of other high courts contending that they lay down a different principle. in chinna jeeyangar mutt, tirupath v. c.v. purushotham and others 20, a learned single judge traced the history of articles 134a, article 134b, article 134c also with reference to the 20 air1974ap17547 third report of the law commission of india. the said portion .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2023
..... past record. there is no case of disproportionate assets against respondent no.1; x. section 17a of the prevention of corruption act, 1988 as amended in 2018, provides for a bar on any enquiry, inquiry or investigation by a police officer into an alleged offence by a public servant, where the alleged offence relates to any decision ..... the process of law. some of the observations made by the special judge, cbi court, are to the following effect: thus, the ground of ill health pleaded by the learned advocate for the applicant would hold no ground as this ..... 3712. by an order dated 3rd november, 2022, the city civil & sessions court at ahmedabad rejected respondent no.1 s application for anticipatory bail. the special judge cbi court no.3 observed that respondent no.1 instead of cooperating with the investigating agency, had absconded and got himself admitted in a hospital in rajasthan to evade .....
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