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Justice R. Mahadevan’s journey from a law graduate in Chennai to a Supreme Court Judge is a story of commitment, expertise, and unwavering dedication to the field of law.
“Bridging the digital divide is no longer merely a matter of policy discretion but has become a constitutional imperative to secure a life of dignity, autonomy and equal participation in public life”.
For the purpose of transfer of any case or proceedings under Section 406 of the CrPC, the case must fall within the ambit of the expression “expedient for the ends of justice”.
“Delays are bad for the accused and extremely bad for the victims, for Indian society, and for the credibility of our justice system, which is valued. Judges are the masters of their Courtrooms and the Criminal Procedure Code provides many tools for the Judges to use in order to ensure that cases proceed efficiently.”
“All the benefits given to PwBD candidates must also be extended to PwD candidates, and there can be no discrimination between the candidates in granting facilities such as scribes, compensatory time, etc., except for reservation, in writing the examinations.”
While Polluters Pay Principle focuses on directly penalizing offenders; the Government Pay Principle emerges from this context, aiming to hold governments accountable for regulatory and enforcement lapses.
Reiterating the call for prison reforms, the Court said that reforms are necessary for creating a better environment and prison culture to ensure the prisoners enjoy their right to dignified life under Article 21 of the Constitution.
“The stage at which the first suit is, would not be a material consideration in deciding the applicability of the bar under Order II Rule 2. What needs to be looked into is whether the cause of action in both suits is one and the same in substance, and whether the plaintiff is agitating the second suit for claiming a relief that was very well available to him at the time of filing the first suit.”
“Courts should not be places, where basic needs, such as sanitation, are overlooked and neglected. The absence of adequate washroom facilities undermines equality and poses a barrier to the fair administration of justice”.
“Regarding immovable properties (other than agricultural lands paying land revenue) – such as buildings, plots etc. or movable properties — where the Court can conveniently and without further enquiry make the division without the assistance of any Commissioner, or where parties agree upon the manner of division, the Court will pass a composite decree comprising the preliminary decree declaring the rights of several parties and also a final decree dividing the suit properties by metes and bounds, in one judgment.”
“When the suit is based on the title for possession, once the title is established on the basis of relevant documents and other evidence unless the defendant proves adverse possession for the prescriptive period, the plaintiff cannot be non-suited.”
The Court strictly opined that constructions put up in violation of or deviation from the building plan approved by the local authority and the constructions which are audaciously put up without any building planning approval, cannot be encouraged.
“Though the Government adopts systematic approach in handling the legal issues and preferring the petitions/applications/appeals well within the time, due to the fault on the part of the officials in merely communicating the information on time, huge revenue loss will be caused to the Government exchequer.”
“But, when the fact of receipt of payment or an agreement to receive the gratification stands proved, there is a clear case of nexus or corroboration and the presumption itself is irrelevant. Section 20 gets attracted when it is proved that the public servant has accepted or agreed to accept any gratification other than legal remuneration and, in that case, presumption is that it is the motive or reward for any of the acts covered under Section 7, 11 or 13(1)(b) of the Act.”
“Mere filing under Section 89(4) of the Registration Act itself is sufficient when a copy of the sale certificate is forwarded by the authorised officer to the registering authority. As long as the sale certificate remains as it is, it is not compulsorily registrable. It is only when the auction purchaser uses the certificate for some other purpose that the requirement of payment of stamp duty, etc. would arise.”
In the instant case, the Court rejected the appellant’s contention that caste would be under eclipse upon conversion and will resume upon reconversion.
“The Court should also pass orders only based on the written instructions, to enable it to fix the liability on the correct officials, responsible for any such wrongful representations/ instructions”.
Order XXI Rule 99, CPC is lucid that where any person other than the judgment debtor is dispossessed of immovable property by the holder of a decree for the possession of such property, he may make an application to the Court complaining of such dispossession.
Brij Bihari Prasad, a member of the Bihar Legislative Assembly was murdered in 1998. The High Court reversed the Trial Court’s decision and acquitted the accused persons.
The Court also clarified that to determine the stamp duty that is chargeable upon an instrument, the legal rule is that the real and true meaning of the instrument is to be determined by ascertaining the intention of the parties from the contents and the language employed in the whole instrument