Court : Supreme Court of India
Decided on : Nov-16-2021
..... the allegation was that one of the members of the committee constituted by the chairman of the council of states (rajya sabha) under section 3(2) of the judges (inquiry) act, 1968 was biased. this judgment extensively recites and assimilates from both domestic and foreign judgments on the question of bias and prejudice and quotes the following observations in dr. ..... to be a calculated move on the petitioner's part. he is an intelligent person and knows that in terms of rule 9(2) (c) of the judges (inquiry) rules, 1969, the presiding officer of the committee is required to forward the report to the chairman within a period of three months from the date the charges ..... 2)(c). this court or, for that reason, no court can render assistance to the petitioner in a petition filed with the sole object of delaying finalisation of the inquiry. nevertheless, the court in p.d. dinakaran (1) (supra) had requested the chairman to nominate another distinguished jurist in place of the person in question, duly .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-2021
..... khaps shall be entrusted by the district magistrate/superintendent of police to an officer of the rank of additional superintendent of police. he shall conduct a preliminary inquiry and ascertain the authenticity, nature and gravity of threat perception. on being satisfied as to the authenticity of such threats, he shall immediately submit a ..... six months from the date of taking cognizance of the offence. we may hasten to add that this direction shall apply even to pending cases. the district judge concerned shall assign those cases, as far as possible, to one jurisdictional court so as to ensure expeditious disposal thereof. 36 | pa ge 41. in ..... of the offence so committed13. it is not necessary for the prosecution to prove each of the members involvement especially regarding which or what act (masalti supra). while overt act and active participation may indicate common intention of the person perpetrating the crime, the mere presence in the unlawful assembly may fasten vicariously criminal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-26-2021
..... collection of substantial evidence, the charge sheet was filed against the appellant. the case was committed to the additional sessions judge, chandigarh, and charges under section 307 ipc and section 27 of the arms act were framed. the appellant abjured his culpability and claimed trial.5. in the eventual trial, a total of 14 witnesses ..... whether the high court erred in maintaining the conviction of the appellant under section 307 ipc?. b. whether conviction of the appellant under section 27 of the arms act is sustainable?.17. it may be highlighted at the outset that although there are page | 8 spacious powers vested under article 136 of the constitution, nevertheless, ..... and for the afore stated reasons, the criminal appeal is partly allowed. while the conviction and sentence awarded to the appellant under section 27 of the arms act is set aside, his conviction under section 307 ipc is maintained. the sentence under section 307 ipc is however reduced to the period already undergone. since, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2021
..... in respect of offences punishable under sections 147, 148, 149, 452, 323 and 307 1 high court of judicature for rajasthan bench at jaipur 2 special judge, sc & st (prevention of atrocities cases) act, kota, rajasthan 3 the indian penal code, 1860 4 as recorded by the high court in the judgment under appeal. criminal appeal no of 2021 etc. ..... of slp(crl.)no.8676 of 2019 etc.) state of rajasthan etc. vs. bablu @ om prakash etc. 2818. in masalti vs. state of u.p.5 a four judge bench of this court was called upon to consider whether the approach adopted by the high court in convicting only those accused with respect to whom at least four witnesses ..... ojha, learned advocates for the accused-respondents. it was submitted on behalf of the appellants that the eyewitness account was quite clear and specifically adverted to the overt acts committed by all the accused and that the high court was not right in acquitting 11 accused-respondents. it was submitted that no cogent reasons were given by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-2021
..... prakash and anr. vs. u.p and others (supra) relied upon by the appellants, a bench of two learned judges upheld the complaint of the land owners 31 against the dispensing of inquiry under section 5a of the act. this court distinguished rajasthan housing board (supra) noticing the contents of paragraph 14 in the said judgment and found that ..... that the schemes relating to development of residential areas in the urban centres were not so urgent and it was not necessary to eliminate the inquiry under section 5-a of the act. the acquisition proceedings which had been challenged in that case related to the year 1963. during this period of nearly 23 years since then ..... reveals that two submissions alone were made on behalf of the apellants. the second submission was that there was no urgency to dispense with the inquiry under section 5a of the act. the division bench dealt with the submission in the following manner: a short counter affidavit has been filed by the authority showing that the 7 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-22-2021
..... aforesaid reasons, the civil appeal is allowed. the impugned judgment and decree dated 24.12.2004 in civil suit no.138-a/2004 15 passed by the learned xii civil judge, class - ii, bhopal, as confirmed by the first appellate court vide judgment and decree dated 23.07.2005 in civil appeal no.37-a/2005 and the high ..... is not in dispute that the land in question is in the urban agglomeration and covered by the ulc act, 1976. as such, original owner late padam singh has filed declaration under the provisions of the ulc act and after conducting necessary inquiry, final orders were passed by the competent authority declaring 16000.32 square meters of land as surplus land. it ..... by the aforesaid order, the high court has dismissed the second appeal, preferred by the appellant herein confirming the judgment and decree passed by the learned iv additional district judge, bhopal, in civil appeal no.37-a/2005 dated 23.07.2005 and the judgment and decree dated 24.12.2004 passed by the learned xiith civil .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2021
..... of 2021 whereby the high court rejected the aforesaid criminal revision filed against the judgment and order dated 04.01.2021 passed by the additional district and sessions judge, special judge pocso act (exclusive court), baghpat, uttar pradesh, dismissing the criminal appeal no.27 of 2020. the said criminal appeal was filed against the order dated 11.11 ..... . 39.2. for making a claim with regard to juvenility after conviction, the claimant must produce some material which may prima facie satisfy the court that an inquiry into the claim of juvenility is necessary. initial burden has to be discharged by the person who claims juvenility. 39.3. as to what materials would prima ..... facie conclusion. it would eventually depend on how the court 38 evaluates such material for a prima facie conclusion and the court may or may not direct an inquiry. in the latter, the court makes a declaration on evidence that it scrutinises and accepts such evidence only if it is worthy of acceptance. his lordship .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2021
..... any cognizable offence (emphasis supplied) 54 in central bureau of investigation (cbi) v. thommandru hannah 35 vijaylakshmi @ t.h. vijaylakshmi and another, a three-judge bench of this court held that it is not mandatory to hold a preliminary enquiry in all cases before registering an fir against a public official, in a ..... article 32 of the constitution before this court challenging the proposed disinvestment of the residuary shareholding of the union government. this petition was summarily dismissed by a three-judge bench of this court on 10 december 2002. 17 13 on 6 november 2013, the central bureau of investigation - the fifth respondent - initiated a preliminary ..... which is only done in extraordinary circumstances and in exceptional situations having regard to the larger public interest, the inquiry/investigation into the crime under the pc act against public servants by cbi must be allowed to have its course unhindered and uninfluenced and the procedure contemplated by section 6-a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2021
..... , therefore, went to the house of the accused. the accused at that time came down from the first floor of his house. the informant having made inquiry about her daughter, the accused told her that she was not there in his house. the informant, however, barged into the house of the accused to search ..... similar contextual legal issues, and therefore, permit us this analogous adjudication. i. factual matrix in case of the accused-satish :- 3. the extra joint additional sessions judge, nagpur (hereinafter referred to as the special court) vide the judgment and order dated 5th february, 2020 passed in the special child protection case no.28/2017 ..... and youth are protected against exploitation and against moral and material abandonment. 10 criminal law (amendment) ordinance, (no.3) of 2013 11 criminal law (amendment) act, (act no.13) of 2013 8 physically or through electronic media) for personal interaction, despite a clear disinterest being displayed by the woman.14. with this backdrop, one .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-17-2021
..... earlier finding would not be res judicata.32. in jia lal and another v. state of haryana and others (in writ petition no.1785 of 1968, decided on 04.11.1970), the learned single judge of the punjab and haryana high court purported to follow magiti sasamal (supra) and shri raja durga singh of solon (supra) to 38 find ..... of having received the application and all such proceedings in a court or before any authority shall lapse when the dispute has been determined by the assistant collector acting under this act.47. section 10 (2) declares that on the receipt of an application the assistant collector after giving to the parties notice in writing and the reasonable ..... certain circumstances. the word land owner was defined in section 2(1) as follows: 2(1) landowner means a person defined as such in the punjab land revenue act, 1887 (act xvii of 1887), and shall include an allottee and lessee as defined in clauses(b) and (c), respectively, of section 2 of the east punjab displaced persons .....
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