Court : Supreme Court of India
Decided on : Aug-31-2021
..... . the appellant preferred criminal appeal no.07/2014 against the judgment of the sdjm which was dismissed vide judgment dated 02.09.2014 by the principal district and sessions judge, pakur.4. the appellant, thereafter, preferred a criminal revision against the said order, being criminal revision no.1060/2014, and in terms of the 3 impugned judgment ..... given thought to the matter. we have already noticed that keeping in mind the nature of the offence, we had declined the benefit of the probation of offenders act to the appellant. however, if the petitioner/appellant is showing remorse and is willing to make arrangements for respondent no.2 and his two children born out of ..... this court and he did duly surrender.6. in the course of hearing of the slp, the petitioner/appellant prayed for extension of the benefit of probation of offenders act, 1958, which was declined on 26.07.2021. however, the court expressed the view that it was not averse to consideration of reduction of sentence subject to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2021
..... independent, impartial enquiry to be conducted regarding all the madarsas running in the state of maharashtra and are receiving grants under the scheme, by any retired high court judge for submitting its report before this court in a stipulated time. (iv) issue a writ, order or direction in the nature of mandamus commanding the respondent ..... 2014-2015 and 2015-2016. the appellant had also made such complaints. 310. in view of the complaints as aforesaid, all collectors were directed to initiate inquiry into the disbursement of grants to madrasas during the financial years 2014-2015 and 2015-2016.11. on or about 9th august, 2017 the appellant made an application ..... under the right to information act, 2005, seeking information from the district planning committee, amravati of the outcome of the inquiry and details of distribution of grants in amravati district in the financial years 2014-2015 and 2015-2016.12. by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-24-2021
..... investigating officer put/kept the private respondents herein in column no.2. it is submitted that during the course of the investigation and even thereafter in the inquiry four dsps which were conducting at the instance of the rann singh original complainant and when there was no evidence found the private respondents herein are kept ..... questions, this court in hardeep singh (supra) observed and held as under:12. section 319 crpc springs out of the doctrine judex damnatur cum nocens absolvitur (judge is 21 condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of ..... or has been deliberately excluded by the prosecuting agencies. this is all the more necessary in order to ensure that the investigating and the prosecuting agencies have acted fairly in bringing before the court those persons who deserve to be tried and to prevent any person from being deliberately shielded when they ought to have .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-19-2021
..... the caste certificate issuance authority has to take into consideration the place of origin/domicile and resident of the state to conduct a discreet enquiry or inquiry contemplated under the scheme of rules for the purpose of recording a finding as to whether the incumbent who claimed to be a member of ..... eligible for appointment in scheduled caste category pursuant to his participation in the selection process held in the combined civil services examination, 2008.8. learned single judge of the high court by a judgment dated 13th october, 2017 allowed the writ petition with a direction to the respondent state to issue the letter ..... /tribes notified for the state of jharkhand after an amendment to the constitution(scheduled castes)/(scheduled tribes) order, 1950 introducing schedule to sections 23 and 24 of the act 2000 are reproduced hereunder:- the fifth schedule (see section23) amendment of the constitution (scheduled castes) order, 1950 in the constitution (scheduled castes) order, 1950, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-2021
..... b code or, at best, by the adjudicating authority (nclt) under section 31(2) read with section 31(1) of the i&b code. no other inquiry would be permissible. further, the jurisdiction bestowed upon the appellate authority (nclat) is also expressly circumscribed. it can examine the challenge only in relation to the grounds ..... held that financial creditors belong to a class distinct from operational creditors. this distinction was emphasised in the earlier decision in swiss ribbons (supra), where a two-judge bench of the court, speaking through justice r f nariman, observed: 51. most importantly, financial creditors are, from the very beginning, involved with assessing the ..... of the dissenting financial creditors. thus, the prescribed authorities (nclt/nclat) have been endowed with limited jurisdiction as specified in the i&b code and not to act as a court of equity or exercise plenary powers.59. in our view, neither the adjudicating authority (nclt) nor the appellate authority (nclat) has been .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-10-2021
..... division benches of this court in bhaiya ram munda v. anirudh patar and dina v. narain singh did not lay down law correctly in stating that the inquiry was permissible and the evidence was admissible within the limitations indicated for the purpose of showing what an entry in the presidential order was intended to be. ..... made in paragraph 38 of the decision of this court in milind & others (supra) and the impact of the aforesaid legislation enacted by the state, a three-judge bench of this court in chairman and managing director, food corporation of india & others v. jagdish balaram bahra 5 & others2, concluded as under:62. the regime ..... of scholarship, grant, allowance or other financial benefit shall be recovered from such person as an arrears of land revenue. (3) notwithstanding anything contained in any act for the time being in force, any degree, diploma, or any other educational qualification acquired by such person after securing admission in any educational institution on the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-09-2021
..... the background facts which led to the petitioners being held guilty of contempt of court, are lucidly recorded in the order dated 18.07.2017 of the learned judge. they are as follows: (i) the petitioners were directors of a company by name parul polymers private limited, which availed loan/credit facilities from the respondent bank ..... high court. the said order having been confirmed by the division bench of the high court in an appeal under section 19 of the contempt of courts act, 1971 ( act for short), the petitioners have come up with the above special leave petition. 12. we have heard mr. santosh kumar, learned counsel appearing for the petitioners ..... 08.04.2015 also indicated certain other consequences to follow, may not take away the contempt jurisdiction of the court. in appropriate cases where a party had acted bonafide while giving an undertaking, but could not honour the undertaking on account of reasons that are reasonable and genuine, the court could certainly withhold its stick .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-06-2021
..... of 2016 confers exclusive jurisdiction on the high court for execution of foreign awards]. would be covered by the residuary provision i.e. article 137 of the limitation act. a three-judge bench of this court in kerala seb v. t.p. kunhaliumma [kerala seb v. t.p. kunhaliumma, (1976) 4 scc634 held that the phrase any ..... the affidavit either to advance his own case or to damage the case of his adversary if it is a document which may fairly lead him to a train of inquiry, which may have either of these consequences. 21. likewise, in mansukhlal dhanraj jain v. eknath vithal ogale, (1995) 2 scc665 the expression suits and proceedings between ..... order dated 8th february, 2021, after setting out the facts of this case and after reaching certain prima facie findings, stayed the operation, implementation, and execution of the single judge order dated 2nd february, 2021 till the next date of hearing, and listed the appeal for further hearing on 26th february, 2021. meanwhile, on 22nd 8 february, 2021 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-05-2021
..... jurisdiction of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a ..... considered by a constitution bench in the decision in ramanbhai ashabhai patel v. dabhi 11 ajitkumar fulsinji . justice jr mudholkar overruled the judgment of the three 12 judge bench in vashist narain sharma v. dev chandra which had rejected the argument of the respondent that a party could raise arguments on the findings that were against ..... been restrained from interfering with the possession of the first respondent over the land. facts 2 the first respondent instituted a suit in the court of the civil judge (senior division), moradabad claiming to be a transferable owner and cultivator of lands comprising of gata no.200/1 admeasuring 0.1300 hectares equivalent to 1295.04 sq .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-04-2021
..... authority (nclt) under section 7 of the ibc in the prescribed form, cannot therefore, be compared with the plaint in a suit. such application cannot be judged by the same standards, as a plaint in a suit, or any other pleadings in a court of law.74. section 7(3) requires a financial creditor ..... , namely (a) take immediate custody and control of all the assets of the corporate debtor, including the business records of the corporate debtor; (b) represent and act on behalf of the corporate debtor with third parties, exercise rights for the benefit of the corporate debtor in judicial, quasi- judicial or arbitration proceedings; (c) raise ..... and records of the corporate debtor as may be required by the interim resolution professional; (d) the financial institutions maintaining accounts of the corporate debtor shall act on the instructions of the interim resolution professional in relation to such accounts and furnish all information relating to the corporate debtor available with them to the .....
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