We have to make it unequivocally clear that public ways and public spaces cannot be occupied in such a manner and that too indefinitely. Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone. The present case was not even one of protests taking place in an undesignated area, but was a blockage of a public way which caused grave inconvenience to commuters. We cannot accept the plea of the applicants that an indeterminable number of people can assemble whenever they choose to protest.
The original work in the temple is required to be restored. As assured by the Committee, let restoration work be done concerning eyesore painting by 15th December 2020. The Temple Committee is directed to ensure in future not to permit or resort to such painting and covering of the original work, objected by the Expert Committee. Let a report be submitted to this Court in this regard by 15th December 2020.
In a case where the informant himself is the investigator, by that itself cannot be said that the investigation is vitiated on the ground of bias or the like factor.-Case overruled: Mohan Lal v. State of Punjab (2018) 17 SCC 627 [Complainant can not be Investigator]
Though the scope of review was thus limited, we have carefully considered the submissions advanced by Mr. Munim. Those submissions were dealt with and rejected in the judgment under review. In our considered view, the attempt on part of the respondent No.3 to have re-hearing in the matter cannot be permitted nor do the submissions make out any “error apparent on record” to justify interference in review jurisdiction.
The Court, from the very beginning, was desirous of giving quietus to this matter. Directly or indirectly, the contemnor was persuaded to end this matter by tendering an apology and save the grace of the institution as well as the individual, who is an officer of the Court. However, for the reasons best known to him he has neither shown regret in spite of our persuasion or the advice of the learned Attorney General. Thus, we have to consider imposing an appropriate sentence upon him.
The Guidelines were issued with the object that a uniform academic calendar be followed by all the Universities and final /terminal examinations be held. The State Governments or State Disaster Management Authority in exercise of power under Disaster Management Act, 2005 has no jurisdiction to take a decision that the students of final year/terminal students should be promoted on the basis of earlier year assessment and internal assessment.
CBI INVESTIGATION-At the stage of investigation, they were not required to transfer the FIR to Mumbai police. For the same reason, the Bihar government was competent to give consent for entrustment of investigation to the CBI and as such the ongoing investigation by the CBI is held to be lawful.
SUSPENSION OF SENTENCE-In considering an application for suspension of sentence, the Appellate Court is only to examine if there is such patent infirmity in the order of conviction that renders the order of conviction prima facie erroneous. Where there is evidence that has been considered by the Trial Court, it is not open to a Court considering application under Section 389 to re-assess and/or re-analyze the same evidence and take a different view, to suspend the execution of the sentence and release the convict on bail.
Sections 304B, 498A and 302, IPC-we do not wish to go into the merits of the matter at this stage. However, considering the submissions made by the learned counsel and other material placed on record and further taking into account that the appellant is in jail since 15th December 2016, we deem it appropriate that it is a fit case to suspend the sentence imposed on the appellant and to enlarge the appellant on bail, pending Criminal Appeal
The scurrilous/malicious attacks by the alleged contemnor No.1 are not only against one or two judges but the entire Supreme Court in its functioning of the last six years. Such an attack which tends to create disaffection and disrespect for the authority of this Court cannot be ignored. Recently, the Supreme Court in the cases of National Lawyers Campaign for Judical Transparency and Reforms and others vs. Union of India and others15 and Re: Vijay Kurle & Ors (supra) has suo motu taken action against Advocates who had made scandalous allegations against the individual judge/judges. Here the alleged contemnor has attempted to scandalise the entire institution of the Supreme Court.
The words “right to sue” means the right to seek relief by means of legal proceedings. The right to sue accrues only when the cause of action arises. The suit must be instituted when the right asserted in the suit is infringed, or when there is a clear and unequivocal threat to infringe such right by the defendant against whom the suit is instituted. Order VII Rule 11(d) provides that where a suit appears from the averments in the plaint to be barred by any law, the plaint shall be rejected.
the proceedings before the NCLT filed under sections 241 and 242 of the Act should not be entertained because of the pending civil dispute and considering the minuscule extent of holding of 0.03%, that too, acquired after filing a civil suit in company securities, of respondent no. 1. In the facts and circumstances of the instant case, in order to maintain the proceedings, the respondent should have waited for the decision of the right, title and interest, in the civil suit concerning shares in question.
Advocates are treated with respect in society. People repose immense faith in the judiciary and judicial system and the first person who deals with them is a lawyer. Litigants repose faith in a lawyer and share with them privileged information. They put their signatures wherever asked by a Lawyer. An advocate is supposed to protect their rights and to ensure that untainted justice delivered to his cause
How to compute compensation payable to the dependants of the deceased under MV Act-United India Insurance Vs. Satinder Kaur-30/06/2020
United India Insurance Company Ltd. Vs. Satinder Kaur @ Satwinder Kaur & Ors-U/S. 166/168 of the Motor Vehicles Act 1988-The Constitution Bench in National Insurance Company Limited v. Pranay Sethi & Ors[ (2017) 16 SCC 680]affirmed the view taken in Sarla Verma (supra) and Reshma Kumari (supra), and held that the age of the deceased should be the basis for applying the multiplier. Another three-judge bench in Royal Sundaram Alliance Insurance Co. Ltd. v. Mandala Yadagari Goud & Ors.[(2019) 5 SCC 554] traced out the law on this issue, and held that the compensation is to be computed based on what the deceased would have contributed to support the dependants.
While applying Article 227 Constitution, HC cannot act as Court of Appeal-MD. INAM VS SANJAY KR SINGHAL -26/06/2020
Art 227 of Constitution of India – It is a well settled principle of law, that in the guise of exercising jurisdiction under Article 227 of the Constitution of India, the High Court cannot convert itself into a court of appeal. It is equally well settled, that the supervisory jurisdiction extends to keeping the subordinate tribunals within the limits of their authority and seeing that they obey the law.
QUANTUM OF PUNISHMENT-The learned counsel for the accused No. 5 was at pains to persuade us that the said accused is now about 70/75 years of age and at this distance of time, it may not be appropriate to send him back to jail. Taking overall view of the matter, we are not impressed by this submission. Even in case of offence under Section 326, IPC, which commended to the High Court, the same was punishable with imprisonment for life or with imprisonment of either description which may extend to ten years and also liable to fine. Had it been a conviction under Section 326, as aforesaid, the sentence of only about five months in the facts of the present case, by no stretch of imagination, was adequate.
Whether the decree passed on a compromise can be challenged by the stranger to the proceedings in a separate suit?
The appellant could file a suit for protection of his right, title or interest devolved on the basis of the stated sale deed dated 6th January, 1984, allegedly executed by one of the party (Sampatiya) to the proceedings in the partition suit, which could be examined independently by the Court on its own merits in accordance with law.
The common parlance test”, “marketability test”, “popular meaning test” are all tools for interpretation to arrive at a decision on proper classification of a tariff entry. These tests, however, would be required to be applied if a particular tariff entry is capable of being classified in more than one heads.
Hindu Undivided Family-It is held that where one of the coparceners separated himself from other members of the joint family there was no presumption that the rest of coparceners continued to constitute a joint family. However, it is also held that at the same time there is no presumption that because one member of the family has separated, the rest of the family is no longer a joint family.
INCOME TAX-whether the revenue has sufficient reasons to believe that undisclosed income of the asseessee has escaped assessment and therefore there are grounds to issue notice. An assessing officer can only reopen an assessment if he has ‘reason to believe’ that undisclosed income has escaped assessment. Mere change of opinion of the assessing officer is not a sufficient to meet the standard of ‘reason to believe’.