We are of the view that aforesaid directions are not consistent with the law laid down by the larger Bench in Mathew (supra). In Mathew (supra), the direction for consulting the opinion of another doctor before proceeding with criminal investigation was confined only in cases of criminal complaint and not in respect of cases before the Consumer Forum. The reason why the larger Bench in Mathew (supra) did not equate the two is obvious in view of the jurisprudential and conceptual difference between cases of negligence in civil and criminal matter. This has been elaborately discussed in Mathew (supra). This distinction has been accepted in the judgment of this Court in Malay Kumar Ganguly (supra) (See paras 133 and 180 at pages 274 and 284 of the report).
State of West Bengal and ORS Vs The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]
It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.
Pleadings and particulars are required to enable the court to decide true rights of the parties in trial. Amendment in the pleadings is a matter of procedure. Grant or refusal thereof is in the discretion of the court.
AIR 2010 SC 2801 : (2010) 6 SCALE 100 : (2010) 11 SCC 722 whether in exercise of the appellate/revisional jurisdiction qua the orders/judgments of courts subordinate to it, the High Court […]
KEYWORDS: -UNREGISTERED SALE DED AIR 2010 SC 1654 : JT 2010 (3) SC 610 : (2010) 5 SCC 401 : (2010) 4 SCR 515 : (2010) 3 SCALE 641 (SUPREME COURT OF […]
State of West Bengal and OTHERS Versus The Committee for Protection of Democratic Rights, West Bengal and OTHERS[ALL SC 2010 FEBRUARY]
KEYWORDS:- CBI INVESTIGATION-WRIT POWER- Despite wide powers conferred by Articles 32 and 226 of the Constitution, while passing any order, the Courts must bear in mind certain self-imposed limitations on the exercise […]
KEYWORDS:-Parliamentary Privilege-expulsion of the MLAs- JT 2010 (4) SC 350 : (2010) 4 SCALE 354 : (2010) 6 SCC 113 : (2010) 4 SCR 1105 (SUPREME COURT OF INDIA) Amarinder Singh Appellant […]
KEYWORDS:-the cruelty, harassment and demand of dowry should not be so ancient whereafter, the couple and the family members have lived happily. DATE:-08-07-2010 AIR 2010 SC 2839 : (2010) CriLJ SC 4402 […]
KEYWORDS:- Scientific techniques, namely narcoanalysis, polygraph examination and the Brain Electrical Activation Profile (BEAP) test- DATE:-05-05-2010- Forcing an individual to undergo any of the impugned techniques violates the standard of ‘substantive due […]
KEYWORDS: Re- Investigation-Further investigation ‘Further investigation’ and `reinvestigation’ stand on different footing. It may be that in a given situation a superior Court in exercise of its Constitutional power, namely, under Articles […]
Keywords:- DRT-SARFAESI Act Explained Court must have good and sufficient reason to bypass the alternative remedy provided by statute AIR 2010 SC 3413 : (2010) 7 SCALE 696 : (2010) 8 SCC […]
Keywords: Dilution of independence of Judiciary We uphold the decision of the High Court that the creation of National Company Law Tribunal and National Company Law Appellate Tribunal and vesting in them, […]
Keywords:- Cross-examination before Charge-Denovo trial – Meaning of Evidence under Section 244, Cr. P.C. the accused has a right to cross-examine the witnesses and in the matter of Section 319, Cr.P.C. when […]
Keywords : Article 142 of the Constitution In exercise of the power under Article 142 of the Constitution, this Court generally does not pass an order in contravention of or ignoring the […]
I. Introduction i) In the context of the trend of establishing quality residential schools for the promotion of education in all areas and habitations in the country, the Eklavya Model Residential Schools […]
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.
Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
In case of the partition suit, all the parties are to be treated as plaintiffs. Even if any preliminary decree would have been passed by this court in this suit based on the said affidavit dated 15th October, 1985 under Order 20 Rule 18 read with sections 151 to 153 of the Code of Civil Procedure, 1908, court has ample power to pass more than one preliminary decree or to modify the preliminary decree prior to passing of the final decree having regard to change of supervening circumstances.
Today on Thursday Supreme Court has published the following notice in their website regarding the hearing of the matter. Earlier the bench directed for amicable settlement of the dispute through mediation and […]
WBSSC (Selection of Persons for Appointment to the Posts of Teachers in Upper Primary Level) Rules, 2015
GOVERNMENT OF WEST BENGAL School Education Department (Secondary Branch) Bikash Bhavan, Salt Lake, Kolkata No. 485-SE(S)/1S-26/2010 (Part-I), dated the 3rd June, 2015 NOTIFICATION In exercise of the power conferred by clause (d) […]