Court : Supreme Court of India
Decided on : Oct-27-2021
..... ,125/- completely falsified the first respondent s case.18. learned counsel relied upon the provisions of sections 14 to 16 of the tenancy act and submitted that both the district judge and the high court lost sight of the fact that the appellant had never surrendered in an overt or covert manner, his tenancy. ..... the landlord, and the special officer about the intention to surrender the tenancy, and secondly, satisfaction recorded by the special officer in an order, after due inquiry about the voluntary nature of the surrender of tenancy. neither indira devi nor the other contesting respondents (who purchased the lands from her) pleaded or proved ..... the present case is that the surrender of such holding shall take effect only after it is accepted by the special officer on being satisfied, after making such inquiry as he thinks fit, that such surrender is voluntary and genuine. this reinforces the conclusion that not following the prescribed procedure, invalidates the so-called surrender. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-27-2021
..... ignores realities. whilst it is true that assessment of injury of one limb or to one part may not entail permanent injury to the whole body, the inquiry which the court has to conduct is the resultant loss which the injury entails to the earning or income generating capacity of the claimant. thus, loss of ..... is leading. in such circumstances, the disabled claimant cannot be expected to rely only upon gratuitous services of his well- wishers and family members. importantly, thepresiding judge in the tribunal himself noticed that the claimant would require the assistance of a bystander/attendant for all his movements. consequently, bearing in mind the need for ..... the appellant to constantly rely on them for stimulation and support is destined to cause emotional, physical and financial fatigue for all stakeholders.11. the motor vehicles act is in the nature of social welfare legislation and its provisions make it clear that the compensation should be justlydetermined. page 9 of 20 justice a.p. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-26-2021
..... terms of section 193 the code of criminal procedure in cases where charge-sheet is filed under section 3(1)(x) of the atrocities act and cognizance is directly taken by the special judge under the act, a two-judge bench thought it fit to refer the matter to a larger bench and on the basis of the said reference, the matter was ..... to a wrong forum. 3.1. it is submitted that unlike the old code, section 209 of the code of criminal procedure, 1973 does not give any power of inquiry to the magistrate and the magistrate is duty bound to commit a matter for trial to the court of session once it is found triable by the court of session ..... (hereinafter referred to as the atrocities act ) and also quashing and setting aside the order of issuance of summons dated 15.02.2017 passed by the page 1 of 29 learned jmfc, jhalod in criminal inquiry no.108 of 2013 as well as all consequential proceedings arising therefrom, the original informant/ complainant has preferred present appeal. 2.0. the facts leading .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-25-2021
..... would be ad rem to outrightly refer to the recent decision of this court in the case of ramgopal & anr v. the state of madhya pradesh5, wherein, a two judge bench of this court consisting of two of us (n.v. ramana, cji & surya kant, j) was confronted with an identical question. answering in the affirmative, it ..... incident occurred on account of a property dispute between the parties. it was thus submitted that the alleged incident could not attract the provisions of the sc/st act. however, after re appraising the evidence on record, the high court disagreed with the appellant s contention and held that there was sufficient material to establish that ..... after that, the complainant and her husband chotelal reported this incident before the harijan welfare police station, and the subject f.i.r. under the sc/st act was lodged against the accused.3. the investigation commenced in light of the afore stated facts. upon collection of substantial evidence, appellant and co accused were committed to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-22-2021
..... not a personal tax but a tax on property . consequently, the wealth tax imposed under the wealth tax act was held to be distinct from a tax under entry 49 of list ii. 34 a bench of three learned judges of this court in goodricke group limited v. state of wb18 considered the validity of the levy of an ..... education cess on rural employment by the west bengal taxation laws (second amendment) act 1989. the levy of the rural employment cess was annually imposed on ..... traditional concept of quid pro quo is undergoing a transformation. (emphasis supplied) 45 in municipal corporation of delhi v. mohd. yasin25, justice o chinnappa reddy, while speaking for two judge bench of this court, referred to the decision in southern pharmaceuticals (supra) and observed: 9. what do we learn from these precedents?. we learn that there is no generic .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-20-2021
..... interference by the high court becomes necessary on account of delay in proceedings or for any other reason amounting to oppression or harassment in any trial, inquiry or proceedings. in appropriate cases, the high courts have exercised their jurisdiction under section 482 crpc for quashing of first information report and investigation, and ..... the above question(s) is in the affirmative, the high court shall be well within its jurisdiction to quash the criminal proceeding.18. a three-judge bench of this court in parbatbhai aahir alias parbatbhai bhimsinhbhai karmur and others v. state gujarat and others6 laid down the broad principles for exercising the ..... impact on society. similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the prevention of corruption act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2021
..... investigation is necessary. in that view of the matter it should not be necessary to hold preliminary inquiry for registering an offence under the atrocities act, 1989. (emphasis supplied) 31 in a recent decision of a two judge bench in vinod dua v. union of india and others59, a direction of the court was ..... (2018) 6 scc45458 atrocities act 38 part d 68. the direction has also been issued ..... the [scheduled cases and scheduled tribes (prevention of atrocities) act 198958]. and that the allegations are not frivolous or motivated . however, in the three judge bench decision, it was held that such a direction was impermissible since neither the crpc nor the atrocities act mandate a preliminary inquiry. justice arun mishra held:56. (2020) 4 scc76157 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-08-2021
..... negligent driving while under the influence of liquor thereby causing the death of one person and injuries to four others and for offences under the motor vehicles act. the trial judge held that the evidence was not sufficient to prove that the appellant was driving the motor vehicle at the time of the mishap and acquitted him of ..... revision on account of any error, omission or irregularity in the complaint, summons, warrant, proclamation, order, judgment or other proceedings before or during trial or in any inquiry or other proceedings under this code, or any error, or irregularity in any sanction for the prosecution, unless in the opinion of that court, a failure of justice has ..... ) under clause (a), the appellate court is empowered inter alia in an appeal from an order of acquittal: (i) to reverse such order and direct that a further inquiry be made; or (ii) that the accused be re-tried or committed for retrial; or (iii) find him guilty and pass sentence on him according to law. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-07-2021
..... of conflict between the high courts and the ngt (in matters concerning environment and the statutes mentioned in schedule i of the ngt act), justice swatanter kumar speaking for the three judge bench in bhopal gas peedith mahila udyog sangathan vs. union of india14, highlighted the ngt s role in the context, in the following ..... would suggest that the law commission was of the opinion that it is not convenient for the high courts and the supreme court to make local inquiries or receive evidence. moreover, the superior courts will not have access to expert environmental scientists on permanent basis to assist them. therefore, ngt was ..... construction being the ascertainment of meaning, every con- sideration brought to bear for the solution of that problem must be devoted to that end alone. ... judge learned hand speaks of the art of interpretation as the proliferation of purpose . 9 eventually, justice frankfurter relied upon justice benjamin cardozo s phraseology in panama refining .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-01-2021
..... (cri) 928]. it has been laid down that courts in india cannot order blood test as a matter of course and such prayers cannot be granted to have roving inquiry; there must be strong prima facie case and the court must carefully examine as to what would be the consequence of ordering the blood test. in sharda [(2003) 4 ..... refusal to undergo dna testing amounts to other evidence or in other words, can an adverse inference be drawn in such situation. in sharda vs. dharmpal6 a three judges bench in the opinion written by justice s.b. sinha rightly observed in paragraph 79 that if despite an order passed by the court, a person refuses to submit ..... proof required to displace the presumption in favor of paternity of child born during subsistence of valid marriage held: 10. we may remember that section 112 of the evidence act was enacted at a time when the modern scientific advancements with deoxyribonucleic acid (dna) as well as ribonucleic acid (rna) tests were not even in contemplation of the .....
Tag this Judgment!