Court : Karnataka
Decided on : Oct-16-2021
..... its power by accepting the investigation entrusted to it by the state government. the said process is uninhibited by the high prerogative judicial powers of entrustment of inquiry to cbi. the same is independent and does not have any fetters with regard to whether extraordinary judicial powers are not exercised as the constitutional court did not ..... ble supreme court in the cases of h.r. rishbud -vs- state of delhi reported in (1955)1 scr1150 sailendra nath bose -vs- state of bihar reported in (1968) 3 scr563 and fertico marketing & investment (p) ltd.-.vs- cbi reported in (2021) 2 scc525 60. it is further submitted that further investigation into any criminal offence ..... short hereinafter referred to as dspe act ) on 6.092019 to the 2nd respondent to conduct further investigation of the case in crime no.135/2016. on receipt of the sanction order, the 2nd respondent filed a memo before the learned principal civil judge (jr. division) and jmfc court, dharwad under section 173(8) of cr.p. .....
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!Court : Karnataka
Decided on : Sep-30-2021
..... of the m.l.a. who has nothing to do with the crime in question. in the statement of objections he has stated that he is appointed after detailed inquiries made through the deputy director of prosecution and also through the representation given by the deceased wife suiya kalavathi, which is 70 not borne out from the record. ..... (1) the public prosecutor or assistant public prosecutor in charge of a case may appear and plead without any written authority before any court in which that case is under inquiry, trial or appeal. (2) if in any such case any private person instructs a pleader to prosecute any person in any court, the public prosecutor or assistant public ..... where the earlier decision has been stayed, it means that the decision is not in operation, but kept in abeyance and should not be acted upon. thus, where the earlier decision of the single judge is stayed in appeal, there is in effect no decision to be followed. therefore the contention that i am bound to follow the earlier .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-29-2021
..... he had filed a complaint with the president of india against one of us (sanjay kishan kaul, j.), for conducting an inquiry under in-house procedure vide letter dated 07.06.2021. a reminder was sent on 08.07.2021 and once again, ..... with their manner of dealing with his representations. thereafter, he forwarded a disparaging communication to 2 the residential offices of hon ble judges. the endeavour, if one may say, was to browbeat the registry at that time. he sought to make representations to the ..... attract any punishment for contempt of court. lord denning in reg v. commissioner of police of the metropolis, ex parte blackburn, 1968 (2) wlr1204made some pertinent observations in this regard. in the words of the master of rolls: those who comment can deal ..... contempt in the light of articles 129 and 142 of the constitution of india read with in conjunction with the contempt of courts act, 1971. the provisions read as under:2. 2020 scc online sc407 3 mathews nedumpara, in re, (2019) 19 scc454 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-27-2021
..... lankahuda, p.s. sadar, district sundargarh and submit a report to this court. in compliance of order of this court, ld. district & sessions judge, sundargarh conducted inquiry and submitted its report to this court finally arriving at a conclusion after appreciation of the evidence being filed by the respective parties and also taken into consideration ..... present appellant to be entitled to 50% of share of the compensation as awarded by the reference court under section 30 of the land acquisition act, 1894 ( the act ). the acquisition proceedings in reference to the subject land in question were initiated pursuant to the notification dated 28.04.2010 published by state government ..... under section 4 of the act and the subject land of one late jadumani admeasuring ac.7.690 decimals under hal khata no.35 of mouza in village lankahuda, district sundargarh, odisha .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-2021
..... lakhs in full and final settlement to the employee without granting reinstatement. in the said case before this court, there was no inquiry held for establishing misconduct. a finding was recorded that the acts of employee prima facie constitute misconduct. in our view, considering the aims and object of the appellant and the serious nature of ..... 1 (1978) 2 scc2136 (c) the learned senior counsel appearing for the appellant submitted that the appellant did not exercise the option provided by the learned single judge of the delhi high court by initiating fresh proceedings against the respondent as the appellant wanted to test the issue whether it is an industry. (d) he ..... be assigned any duty on second sundays, gazetted holidays, and national holidays. (g) by the judgment and order dated 31st august 2009, the learned single judge of the delhi high court allowed writ petition no.10211/2005 and directed the appellant to reinstate the respondent in service with back wages. being aggrieved by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-2021
..... months from the date of the purchase of the stamp paper, treating the case to fall within the residuary provision in section 48 of the act. this view has been accepted by the single judge of the bombay high court. what this view misses is that section 48 in its entirety applies only to those cases where the application for ..... provides as follows: 47. allowance for spoiled stamps.- subject to such rules as may be made by the state government as to the evidence to be required, or the inquiry to be made, the collector may on application, made within the period prescribed in section 48, and if he is satisfied as to the facts, make allowance for impressed ..... claim for refund leads us to ca59702021 2 the complexities of a revenue sourcing law. 3 this appeal arises from a judgment dated 22 november 2018 of a single judge of the high court of judicature at bombay. the deputy inspector general of registration and deputy controller of stamps, pune rejected an application for refund of stamp duty filed .....
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