Court : Supreme Court of India
Decided on : Mar-16-2021
..... the suit, at the most, the court can return the plaint to the plaintiff to present before the appropriate court. in view of the amendment to the civil courts act, the civil judge (junior division), magadi is the competent court to try the suit and hence, i.a. no.1 filed by the petitioner cannot be entertained. c.23 conclusion on ..... ; (1979) 1 scc9234 part c comarca court at margao was continued and decreed by corresponding court of the senior civil judge, who ultimately decreed it on march 8, 1968. under the indian civil procedure code read with section 22 of the goa act since the property involved in the suit was of the value exceeding rs 10,000 the appeal clearly lay to the ..... rent was passed. in the revision before the high court, one of the grounds raised was that in view of the up civil laws (amendment) act 2015, the court of the additional district judge ceased to have jurisdiction to try a suit between a lessor and lessee of a value of upto one lakh from 1 december 2015 and the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-15-2021
..... and commences with the recording of the evidence and also in exceptional circumstances as explained hereinabove.56. there is yet another set of provisions which form part of inquiry relevant for the purposes of section 319 crpc i.e. provisions of sections 200, 201, 202, etc. crpc applicable in the case of complaint cases. as ..... 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 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 section ..... has been deliberately excluded by the prosecuting agencies. this is all the more 22 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 been .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2021
..... under the u.p, urban buildings (regulation of letting, rent and eviction) act, 1972. similar to the aforementioned income tax statutes, section 34(2) of the 1972 act provided that the district magistrate or the prescribed authority holding an inquiry under the act shall be deemed to be a civil court within the meaning of sections ..... noted that under the 1972 act, the rent control officer ..... 480 and 482 of the 49 1898 code. moreover, that proceedings before such authority shall be judicial proceedings under section 193, ipc. the three judge bench .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-12-2021
..... which may be determined by the commission.3. on 04.02.2021, the state of goa published an amendment to section 10(1) of the goa municipalities act, 1968 [ goa municipalities act ]. in the official gazette, by which the time frame for issuance of a notification for reservation of wards was stated as being at least seven days before ..... the word election occurring in article 71(1) the same wide meaning as comprising the entire election process culminating in a candidate being declared elected, then clearly the inquiry is 49 to be made after such completed election i.e. after a candidate is declared to be elected as president or vice- president as the case may ..... issued certain directions extending the last date for submitting nominations by one day, after which the said order was recalled on the next day. a learned single judge of the high court delivered a judgment in which the order cancelling the extension was quashed and the commission was directed to issue a fresh notification extending the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-08-2021
..... constitution, which encapsulates the right to a speedy trial. this right has been interpreted to include not only the actual trial before the court, but also the preceding stages of inquiry and police investigation as well (vakil prasad singh v. state of bihar, (2009) 3 scc355 abdul rehman antulay & ors. v. r.s. nayak & anr., (1992) 1 ..... a cognizable case, except the power to arrest without a warrant. therefore, the complainant cannot subject the accused to a double whammy of investigation by the police and inquiry before the magistrate. we are cognizant of the fact that in the present case, no investigation had begun pursuant to ncr no.158/2012 filed by the respondent ..... not actively involved in fact finding owing to the adversarial nature of our justice system. however, section 165 of the indian evidence act, 1872 by providing the judge with the power to order production of material and put forth questions of any form at any time, 19 marks the influence of inquisitorial processes in our .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-04-2021
..... 10. the first part of this section which is permissive gives purely discretionary authority to the criminal court and enables it at any stage of inquiry, trial or other proceedings under the code to act in one of the three ways, namely, (i) to summon any person as a witness; or (ii) to examine any person in ..... reasons in support thereof.4. this came to be challenged by respondent nos. 1 to 3 in a petition filed under section 482 crpc. the ld. judge of the high court after recording submissions made by the learned counsel for the parties, without assigning any reasons, albeit brief, which may at least facilitate this court ..... being referred to as crpc ) for summoning the witnesses along with securing the relevant records to meet the ends of justice. the ld. additional city civil & sessions judge, bengaluru city, after detailed discussion and taking note of the scope of section 311 crpc allowed the application by its order dated 3rd september, 2016, after assigning cogent .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2021
..... furnish security for the second time in the backdrop that prior to passing of decree entire amount due under decree or judgment has already been deposited. judge small causes can make inquiry in the matter of this fact on being apprised as to whether decretal amount is there or not but where decree in question has been passed ..... the learned courts below have adopted a hyper technical and pedantic approach while considering the applications under order 9 rule 13 c.p.c. and section 5 of limitation act, filed by the petitioner, therefore the impugned orders are liable to be quashed.54. the above observations of the high court cannot be approved. the trial court has ..... under order 9 rule 13 not adopting any hyper technical and pedantic approach rather on the finding that there was non compliance of proviso to section 17 of the act, 1887, hence, the application deserves to be rejected. requirement under proviso to section 17 can neither be said to be hypertechnical nor pedantic but the same was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2021
..... , for the offence punishable under section 302 read with section 34 of indian penal code (ipc) and under section 25(1b)(a) of the arms act, 1959, by the learned sessions judge, bhiwani.3. on 07.08.2010 a telephonic message was received in police station, charkhi dadri from one jaswant singh, resident of village 1 crl ..... of police (investigating officer). in defence, on behalf of the accused, dw 1 rani, widow of jagdish was examined.7. after completion of the trial, the sessions judge, bhiwani, by recording a finding that the prosecution has proved the charges, vide judgment dated 17.10.2012, held that both the accused rahul (appellant herein) and ramesh ..... years and to pay a fine of rs.5,000/ for offence under section 25 of the arms act, 1959. both the sentences were ordered to run concurrently.8. aggrieved by the conviction recorded and sentence imposed by the learned sessions judge, bhiwani, the appellant, along with another accused, namely, ramesh approached the high court of 6 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-2021
..... material available to the state authorities at the time when they issued the impugned notification under section 4(1) of the act and dispensed with section 5-a inquiry taking aid of section 17(4) of the act. a bench of three learned judges of this court in narayan govind gavate v. state of maharashtra [(1977) 1 scc133:1977. scc (cri) 49 ..... proceedings could be completed in the usual course without depriving the respondents of their 21 valuable right to file objections for acquisition and without dispensing with inquiry under section 5-a of the act. xxx xxx xxx 29. having regard to the facts and circumstances and the material available on record, we are of the view that invocation of ..... ]. has expressed that section 17(4) cannot be read in isolation from sections 4(1) and 5-a of the act and has expressed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-2021
..... does not relate to any accused in the complaint case or if the magistrate does not take cognizance of any offence on the police report, he shall proceed with the inquiry or trial, which was stayed by him, in accordance with the provisions of this code. thus, as per section 210 cr.p.c., when in a case ..... 156(3) cr.p.c. as a complaint case, r1 filed a criminal revision application no.70/2015 before the learned sessions court, ghaziabad. that the learned sessions judge, ghaziabad allowed the said revision application and quashed and set aside order dated 23.03.2015 passed by the learned magistrate 3 and remanded the matter back to the ..... funds . that thereafter, due to non-payment after the issuance of the statutory legal notices, appellants herein filed a criminal complaint under section 138 of the negotiable instruments act on 07.11.2014 against r1 and his company thakur trading, in the court of chief judicial magistrate, ghaziabad being complaint case no.7652/2014. r1 has been summoned .....
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