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Sri Ram Janma Bhumi Ayodhya Judgment Summary as per Supreme Court
SUPREME COURT JUDGMENTS
Daily Updates
- Union of India Vs. State of Maharashtra and Ors-01/10/2019 - Atrocities Act -There is no absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny the complaint is found to be prima facie mala fide. Arrest of a public servant can only be after approval of the appointing authority and of a nonpublic servant after approval by the S.S.P. To avoid false implication of an innocent, a preliminary enquiry may be conducted by the DSP.
- Sudam @ Rahul Kaniram Jadhav Vs. State of Maharashtra-01/10/2019 - The review petitions are allowed to the extent that the sentence of death awarded to the Petitioner is commuted to imprisonment for the remainder of his life sans any right to remission.
- K.H. Nazar Vs. Mathew K. Jacob & Ors -30/09/2019 - Statutory Interpretation- Beneficial Legislation-Semantic luxuries are misplaced in the interpretation of ‘bread and butter’ statutes. Welfare statutes must, of necessity, receive a broad interpretation. Where legislation is designed to give relief against certain kinds of mischief, the Court is not to make inroads by making etymological excursions
- Indusind Media & Communications Ltd. Vs. Commissioner of Customs, New Delhi-27/09/2019 - CUSTOM-The basic principle of levy of customs duty, in view of the aforementioned provisions, is that the value of the imported goods has to be determined at the time and place of importation. The value to be determined for the imported goods would be the payment required to be made as a condition of sale. Assessment of customs duty must have a direct nexus with the value of goods which was payable at the time of importation.
- Guru @ Gurubaran & Ors. Vs. State represented by Inspector of Police 27/09/2019 - Section 302, Indian Penal Code -the accused can only be held guilty of having committed the offence under Section 324 IPC. He has already undergone imprisonment for around 11 years and, therefore, his conviction under Section 302 IPC is altered to Section 324 IPC and the sentence is reduced to the period of incarceration already undergone.
- Md. Abrar Vs. Meghalaya Board of Wakf & ANR-26/09/2019 - WAKF- in order to establish a claim of hereditary succession to mutawalliship, the intention of the waqif, as manifested either through the directions given in the waqf deed or the creation of a custom, is of paramount importance
- Leeladhar (D) through LRS. Vs. Vijay Kumar (D) through LRS-26/09/2019 - Specific performance of the contract-The agreement was an agreement to sell and after entering into the agreement to sell, Appellant received the full sale consideration and handed over the possession to Respondent, the question of exercising any discretionary favour to the appellant does not arise.
- Central Bureau of Investigation etc. Vs. Mrs. Pramila Virendra Kumar Agarwal & ANR. etc 25/09/2019 - PREVENTION OF CORRUPTION-The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial.
- Jignesh Shah & ANR. Vs. Union of India & ANR-25/09/2019 - A winding up proceeding is a proceeding 'in rem' and not a recovery proceeding
- Govindbhai Chhotabhai Patel & Ors. Vs. Patel Ramanbhai Mathurbhai-23/09/2019 - In the absence of any evidence of any forgery or fabrication and in the absence of specific denial of the execution of the gift deed, the Donee was under no obligation to examine one of the attesting witnesses of the gift deed.
HIGH COURT JUDGMENTS
From 22 High Courts
- Rajeev Kumar -Vs CBI, SP, Economic Offences –IV, CGO Complex-CHC 01/10/2019 - Therefore, the status of a witness is convertible to the accused during the course of investigation subject to the collection of independent sufficient incriminating materials against the petitioner, which must be in the nature of startling and clinching in sense.
- Rajeev Kumar Vs Central Bureau of Investigation (CBI) & Anr. -13/09/2019 - The very object of Section 160 of the Code of Criminal Procedure is to enable the Investigating Officer to collect information from whomsoever, is found acquainted with the facts of the case in relation to which the investigation is carried out.
- P. CHIDAMBARAM Vs. CENTRAL BUREAU OF INVESTIGATION [DHC]-20/08/2019 - Anticipatory Bail application cancelled - Section 120B r/w Section 420 of IPC and Section 8 and Section 13 (1)(d) r/w Section 13(2) of the PC Act - Pre-arrest is not meant for high profile economic offenders. Time has come to recommend to the Parliament to suitably amend the Law to restrict the provisions of pre-arrest bail and make it inapplicable to economic offenders of high profile cases like the instant one.
- Md. Sarfaraz @ Bonu & Anr. Vs- The Union of India- 09/08/2019[CHC] - Affidavit of a witness with regard to the facts in issue cannot be treated as a statement of the deponent before the Court. Hence, such affidavit cannot be treated as ‘evidence’ under […]
- Prayer for pre-arrest bail was turned down by Apex Court granted by Calcutta High Court -13.08.2019 - Bail granted - In the matter of: Riday @ Hriday Ghosh @ Ridoy - The accused was not named in the first information report and as co-accused persons are on regular bail/anticipatory bail, we are inclined to grant bail to the petitioner.
- Tarakeswar Rewani vs The UCO Bank & Ors [CHC]-26/07/2019 - Availability of an alternative remedy does not oust the High Court’s jurisdiction to entertain a writ petition is settled law. The jurisdiction exercised by the High Court under Article 226 of the Constitution is plenary. The relief under Article 226 being discretionary, it is for the Court to decide, whether or not to entertain an application, depending upon the facts and circumstances of each case.
- Dr. Bimal Kumar Raj & Ors. VS The State of West Bengal and Ors.[CHC]-26/07/2019 - Land acquisition-In a democratic polity the larger interest of the populous has to be given weightage. The minuscule minority has to understand and accept the larger and more laudable need for overall development of the district and the economy of the State. Such larger interest is in the overall Socio-Economic development of the State. Employment generation, revenue income, poverty alleviation in an entire district must be given primacy over the small personal and individual shenanigans.
ENGLISH COURTS DECISIONS
British Jurisdiction
- R v Mark James Redknapp – 31/10/2019 - DORSET MAGISTRATES COURT : ROAD TRAFFIC OFFENCE- The Court is satisfied so that it is sure that the defendant Mark James Redknapp is guilty of the offence charged of driving a motor vehicle with a proportion of a specified controlled drug above the specified limit. The defendant was fined £3000 and ordered to pay costs of £2,500, £120 Victim surcharge (payable in 14 days) and disqualified from driving for 3 years.
- Schulze Allen v Royal College of Veterinary Surgeons – 1/7/2019 - The Judicial Committee of the Privy Council - In their Decision on Facts the Committee did not expressly address the issue of whether Dr Schulze Allen’s infraction was a criminal conviction. But they must have decided that it was. For otherwise they would have had no power to direct the removal of his name from the register under section 16(1)(a) of the Act.
- Tillman v Egon Zehnder Ltd- 3/7/2019 - The Supreme Court of the United Kingdom -A company employs a business executive pursuant to a written agreement. Following the termination of her employment she wishes to become employed by a firm whose business is in competition with that of the company. The company contends that her proposed employment would breach a covenant in the agreement. She answers that the covenant is void at common law because part of it is in unreasonable restraint of trade.
- R (on the prosecution of Wolverhampton City Council) -v- Cushman & Wakefield Debenham Tie Leung Limited – 2nd July 2019 - Crown Court at Wolverhampton - Court imposes a fine of £1,333,000 to be paid within a period now to be fixed. This is in my judgment a level of fine which represents both the seriousness of the offence and the extent to which the Company fell below the required standard, together with the relevant financial circumstances. It is also a proportionate one which is sufficiently substantial to meet the objectives of the health and safety legislation and sentencing regime.
- Regina vs Albert William Granon- 2 July 2019 - Sheffield Crown Court-No sentence I impose can bring Stanley back. No sentence I impose can undo what you have done and heal the rifts in your family. All I can do is impose what the law considers to be the appropriate sentence for a case of this nature. I do that by following the guidelines for sentencing in cases of manslaughter.
