Court : Supreme Court of India
Decided on : Aug-03-2021
..... constituency in bangalore urban district is held to be void, in terms of section 100 (1) (c) of the 2 representation of people act 1951. further, in the course of the said order the learned judge has directed the registrar general of the high court to register a complaint against the appellant in c.a. no.6171/2012 (mr. ..... proceedings. even after the above position has emerged also, still the court has to form an opinion that it is expedient in the interests of justice to initiate an inquiry into the offences of false evidence and offences against public justice and more specifically referred to in section 340 (1) crpc, having regard to the overall factual matrix ..... falsehood uttered. the other relevant facts also indicate that the factual matrix herein does not indicate that it is expedient in the interest of justice to initiate an inquiry and expose the appellant to criminal prosecution. on this aspect it is to be noted that the instant case is not a case where the nomination paper which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-02-2021
..... day-to-day matters pertaining to control over the subordinate judiciary, it would be possible for the high court to authorize and empower an administrative judge or an administrative committee of judges to act on behalf of the court. it was in the context of such specific authorization in favour of the administrative committee in terms of rule ..... .10.2018 as well as the decision dated 18.12.2019 of the hon ble vigilance/disciplinary committee are not accepted. keeping in view the findings of the inquiry authority, which have been hereby accepted, the gravity of the matter and standards of ethics required of a senior judicial officer, it is resolved that major penalty ..... the show cause notice dated 29.08.2016, both on the aspect of acceptance of enquiry report as well as the proposed penalty, we find that the inquiry authority has rightly rejected, for the reasons recorded, the defence plea raised by the delinquent officer regarding retaining huge amounts of cash in hand for the substantial .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-2021
..... his capacity as such member , viscount radcliffe referred to article 9 of the bill of rights 1689 which provides parliamentary privilege. the judgment notes: what has come under inquiry on several occasions is the extent of the privilege of a member of the house and the complementary question, what is a proceeding in parliament ?. this is not ..... 61 above require that the house should be able to refer the matter to the police for consideration of criminal proceedings, or to cooperate with the police in an inquiry into the relevant facts. that is what the house has done in relation to the proceedings brought against the three defendants. 29 [2010]. uksc52. 35 part c ..... was the chief justice of the madras high court when he was charged with criminal misconduct under the prevention of corruption act, 1947. it was laid down that a criminal case cannot be registered against a judge of the high court or the supreme court unless the chief justice of india is consulted. justice shetty (for himself and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-27-2021
..... authority of that state; (b) if the competent authority is of the opinion that before issuing such caste certificate in form 10 to a migrated person, a detailed inquiry is necessary, then he may do so through the applicant s state of origin; (c) a caste certificate holder who has migrated to the state of maharashtra ..... buddhism, de notified tribes (vimukta jatis), nomadic tribes, other backward classes or special backward categories for any of the purposes as mentioned in section 3 of the act shall invariably submit an application in form 16 with an affidavit in form 3 and form 17 for students; form 18 with an affidavit in form 20 with ..... it under the proviso to rule14. the appellant having failed to submit the verification of the caste certificate within the stipulated time, was declared disqualified retrospectively under the act.4. shri marlapalle submits that the verification committee erred in relying upon the proviso to rule 14. the caste certificate of the appellant had not been issued .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-26-2021
..... state of delhi4, the decision in suresh chand jain (supra) was cited with approval. in tilak nagar industries limited v. state of andhra pradesh5, a two judge bench of this court held that: 12 power under section 156(3) can be exercised by the magistrate even before he takes cognizance provided the complaint discloses the ..... of the first two special leave petitions1 under article 136 of the constitution. in the remaining two appeals (arising out of special leave petitions2) the single judge of the high court has on 18 december 2017 followed the order granting anticipatory bail in the two applications noted above and disposed of the complainant s challenge ..... magistrate need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2021
..... any bank or other authority or board or corporation established or constituted by or under any central, state or provincial act in respect of any transaction in securities which are under investigation or inquiry by the board; (ii) passing an order for reasons to be recorded in writing, in the interest of investors ..... and the summary procedure to be followed for trials under chapter xvii. conferring power on the court by reading certain words into provisions is impermissible. a judge must not rewrite a statute, neither to enlarge nor to contract it. whatever temptations the statesmanship of policy-making might wisely suggest, construction must eschew ..... constituted for examining proposals for compounding offences. the hpac recommended that the offences should not be compounded following which an intimation was furnished to the trial judge and recorded in an order dated 7 may 2016. 9 part d16in the interregnum, the criminal complaint was listed for recording the evidence of the complainant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-22-2021
..... s employees citing security reasons and was informed that the work was in progress and possession would be delivered shortly. the purchaser alleges that he made telephonic inquiries from the office of the builder regarding possession, but unavailingly, without any result. he claims to have visited the builder s office in last week of ..... consumer forum or commission or even courts have to examine the relative equities having regard to the time frame in each case. 1324. in a larger five judge bench ruling in economic transport organization v. charan spinning mills (p) ltd4, the question was whether an insurer, who honours its contract, and pays the ..... complaint despite the fact that other forums/courts would also have jurisdiction to adjudicate upon the lis 8 30. it is therefore evident that the consumer protection act, 1986 was conceived as a legislation to address complaints of consumers (an expression defined and interpreted widely) and provide a forum for their quick redressal, and .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-14-2021
..... tenure of members; exclusion of advocates for being appointed as members of tribunals; continuing role of the parent department in search and selection committee; the preliminary inquiry by the central government for removal of the members is invalid and the executive s continuing administrative and financial control over the tribunals.22. the directions of ..... pay scale. in respect of two names being sent for each post by the selection committee, the learned attorney general stated that the recommendations are subject to inquiry by the intelligence bureau (ib) and in case the selected candidate is found to be not suitable, there should be an alternative. therefore, it was decided ..... mandamus issued by the calcutta high court, though, it does not mention as such, and therefore, the learned judge held that section 3 of the act would be invalid for trenching upon the judicial power.190. three other learned judges, namely, y.v. chan- drachud, s. murtaza fazal ali and p.n. shinghal, jj.agreed with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-08-2021
..... the central 9 (1977) 4 scc608 [35]. government under the commission of inquiry act, 1952 against the then chief minister of karnataka. the challenge was laid by the state government which was repelled by a majority judgment of six judges with one dissenting judge. the most significant aspect emphasised was that the powers meant to be indicated in ..... the investigative powers may not be used to trench upon matters falling outside the legislative purview and the investigative power permits inquiry only into those subjects in reference to which the legislature has power to act.106. in the context of the requirement of reading of entries widely, mr. datar contended that the power to legislate ..... [107]. to affect or change. in that context, the issuance of subpoenas could be exercised by a committee acting on behalf of the house. it was thus said: to conclude that the power of inquiry is other than an integral part of the legislative process would be a miserly reading of the speech or debate clause .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-07-2021
..... for having caused the death of another person or of having abetted the commission of such an offence, in paying compensation to the persons who are, under the fatal accidents act, 1855 (13 of 1855), entitled to recover damages from the person sentenced for the loss resulting to them from such death; (d) when any person is convicted of any ..... complainant and other witnesses under sections 324, 323, 504, 506(2), 143, 144, 147, 148 and 149 of the ipc as well as section 135(ii) of the gujarat police act.2. the appellants before us were arrayed as accused nos.12 & 13 and were arrested on 11.11.2019. upon applying for bail, in terms of the impugned judgment dated ..... of sentence, and then pass sentence on him according to law. (emphasis supplied) 11. it is submitted that a judge has to hear an accused on the question of sentence, which would also support the plea as per the scheme of the act that the sentence must precede grant of compensation.12. it is in the aforesaid context that this court had .....
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