Court : Supreme Court of India
Decided on : May-04-2023
..... with chapter xv ( complaints to magistrates ; sections 200-210). these two powers are different and there also lies a procedural distinction between the two.25. a three judge bench decision of this court in ramdev food products private limited (supra) had examined the distinction between powers of the crl.a. no.1581/2021 etc. page 46 ..... supra) was expressly following the judgment of this hon ble court in the case of priyanka srivastava (supra). it is submitted that therefore also, the learned single judge ought not to have taken a contrary view. crl.a. no.1581/2021 etc. page 10 of 633.9 it is further submitted by the learned senior ..... . the accused filed an application on 4th october 2021 under the right to information act, 2005 and have received on 22nd october 2021 copies of preliminary inquiries done by police station bhawanipore dated 30th october 2020 and 5th november 2020. the preliminary inquiries conclude that in the communications made to the police between 2018 to 2020, there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2023
..... scrutiny, rather, it is not fit to be subjected to further judicial review. in other words, the court cannot, in such circumstances, judge on the expediency or inexpediency to dispense with the inquiry as it was arrived at civil appeal no.6301 of 2013 page 42 of 46 based on the subjective satisfaction of the president based on ..... of 46 circumstances of the case and make such orders thereon as it deems fit under rule 14(1) of the railway servants (discipline and appeal) rules, 1968, that an objective consideration is possible only if the delinquent employee is heard and is given a chance to satisfy the authority regarding the final orders that may be ..... organisation cannot be said to have committed a flaw or fault in entertaining suspicion on his honesty, integrity, reliability, dependability and trustworthiness and above all to treat such acts as a matter of concern in relation to the security of the state.22. rule 16 (iii) of the cca rules requires no analytical approach to understand that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-12-2023
..... imputation of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, an authority to inquire into the truth thereof. provided that where there is a complaint of sexual harassment within the meaning ..... . 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 ..... by the statute or statutory rules42. 41 union of india and another v. tulsi ram patel, (1985) 3 scc39842 roshan lal tandon v. union of india, (1968) 1 scr185page 18 of 59 civil appeal no.2482 of 2014 (c) article311: a manifestation of the principles of natural justice31 this court has held that in matters .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-15-2023
..... mandamus commanding the respondents to furnish the probate copy granted in o.p. 3 no.15 of 1972 on the file of respondent i.e. the office of the district judge, ooty, and to pass such other or other orders that may be deemed fit and proper in the facts and circumstances of the case.6. in the aforesaid writ petition ..... will could not have been destroyed by the respondents and the respondents are bound to supply the original or its copy.13. it was argued that if a vigilance inquiry is ordered in the matter, the truth would be out soon and in all probabilities the will in question will surface out.14. the office of the district ..... and the probate was ordered to be issued on 29.07.1972. the original petition with connected records were destroyed after complying with the procedure prescribed under destruction of records act, 1917, upon due notification in the nilgiris district gazette. the 5 available records and registers could not reveal if the will was returned to the executor who applied for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-15-2023
..... pursuance of a direction under the control order where an element of mutual assent was absent, there was, nevertheless, sale as defined under the act. in the said case, a seven-judge bench of this court held that the earlier decision in m/s new india sugar mills ltd. vs. commissioner of sales tax, air1963sc1207was not ..... c.t.o. (ae), jodhpur vs. m/s marudhara motors, jodhpur, (2010) 29 vst114 the learned single judge of the rajasthan high court considered the controversy under the 94 provisions of the rajasthan sales tax act, 1994 in the context of a dealer of automobiles receiving credit notes issued by the manufacturer for replacement of defective ..... obligation under a warranty at the time of sale of the vehicle and not independently as has been stated above. we also find that the learned single judge incorrectly distinguished the facts of the case with mohd. ekram khan by reasoning that the dealership agreement contemplated a principal- principal relationship between the manufacturer and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2023
..... since the response to the show cause notice was found to be unsatisfactory, departmental proceedings were initiated against the respondent no.1 and k.c. patel. in the inquiry report, the inquiry officer opined that there was tampering with the bids. it was found that tampering was done in the case of tender of bidders m/s. laxmi singh and ..... have already been narrated in the preceding paragraphs. it is not in dispute that during the course of inquiry, fair opportunity of hearing was afforded to the respondent no.1 at every stage. this was even found by the learned single judge while dismissing the writ petition challenging the punishment inflicted upon him. the judgment passed by the division bench ..... in a case of mala fides or perversity i.e. where there is no evidence to support a finding or where a finding is such that no man acting reasonably and with objectivity could have arrived at those findings and so long as there is some evidence to support the page 7 of 9 civil appeal no.3663 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-18-2023
..... other than the private land excluding certain types of lands, such as village sites and those set apart for common use of the villagers.7. in the aforesaid inquiry initiated by the aso under section 11(a), perumal chettiar claimed that the suit land was assigned to him by the zamindar of salem vide exhibit a1 dated ..... passed by the division bench of the high court of judicature at madras allowing the writ appeals whereby and wherein the judgment and order of the learned single judge dated 29.04.2005 declaring the suit land as wakf property has been set aside.2. the controversy in the present appeals centers around land in zamin survey ..... up their claims in the suit land. accordingly, assistant settlement officer, salem2 in march, 1959 initiated inquiry under section 11(a) of the tamil nadu estate (abolition & conversion into ryotwari) act 19483.6. the aforesaid section 11 of the abolition act, 1948 provides that every ryot in an estate shall with effect from the notified date, be entitled .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-19-2023
..... be rs.3,000 x22137 which is equal to rs.6,64,110/- (rupees six lakhs sixty four thousand one hundred and ten only).14) the mandate of the act insofar as payment of interest is concerned is clear and unambiguous viz., the claimants would be entitled to interest @ 12 per cent per annum from one month after the ..... would have to necessarily examine as to whether compensation awarded in favour of claimants is in terms of the statutory mandate.11) having regard to the object of the act which envisages dispensation of social justice, we are of the considered view that the deputy labour commissioner-cum-commissioner for workmen compensation fell in error in arriving at a ..... not partake the character of a contested claim as stipulated under the notification issued by the appropriate government under section 20 (1) and (2) of the w.c. act. on this count itself, it has to be held that high court fell in error in arriving at a conclusion that claim 5 petition was not maintainable before the deputy .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-19-2023
..... not undertake any liability for the payment of dues. this clause was further subject to another provision in clause 6, where the purchaser was liable to make their own inquiries about arrears of dues for supply of power, water and other facilities and the auction purchaser was made liable to pay such arrears. this makes it clear that ..... not be liable to pay any arrears if charges and costs/ expenses, if any, in respect of power, water or any other facilities required. the purchaser shall make own inquiries about arrears of dues for supply of power, water and other facilities, if any, and the same shall be borne and paid by the purchaser alone. (emphasis supplied) 204 ..... of the previous owners or dues relating to the premises. c. the position in law 17. prior to the enactment of the 2003 act, in isha marbles v. bihar state electricity board,16 a three-judge bench of this court held that in the absence of a charge being created over the premises by a statutory regulation, an auction purchaser .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-19-2023
..... the pleadings, the trial of the election petition cannot proceed for want of cause of action. the emphasis of law is to avoid a fishing and roving inquiry. it is therefore necessary for the court to scrutinise the pleadings relating to corrupt practice in a strict manner. (emphasis added) 17. this court held that ..... while doing so, he observed that the first respondent had forwarded copies of a compact disc, photographs, etc. to the returning officer (5th respondent). the learned judge directed the first respondent to file all relevant documents such as emails, photographs, video footage, etc. which were submitted to the returning officer within a period of ..... and the material particulars of allegations regarding corrupt practices as defined under section 123 of the act. the law on the point is well settled which appears to have not been taken note of or appreciated by the learned trial judge. after referring to various pronouncements of this court including cases in balwan singh v. lakshmi .....
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