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“It is just not enough for the court to say that the dying declaration is reliable, as the accused is named in the dying declaration as the assailant.”
Allahabad High Court said that Development Authority is only in possession of part of the land and the scheme for proposed ‘New Kanpur City’ as of now is not viable.
“Dissenting opinion of arbitrators might provide useful clues during procedural issues, which forms a critical part when the hearings are challenged”.
“If this is allowed to happen, every judgment-debtor who is in possession of the immoveable property till the decree is passed, shall hand over possession to a third party to defeat the decree-holder's right and entitlement to enjoy the fruits of litigation and this may continue indefinitely and no decree for immovable property can be executed.”
The Supreme Court viewed that after the introduction of Section 54A in CrPC, an accused is under an obligation to stand for Test identification parade.
The reiteration came after the Collegium deliberated over a reconsideration request submitted by Justice Tagia.
“The purpose of certiorari is only to confine the inferior tribunals within their jurisdiction, so as to avoid the irregular exercise, or the non-exercise or the illegal assumption of it and not to correct errors of finding of fact or interpretation of law committed by them in the exercise of powers vested in them under the statute”.
Supreme Court noted that there are multiple FIRs that have been registered over a period, thereby attracting the issue of wreaking vengeance out of private or personal grudge as alleged.
Justice Sanjay Karol served the High Courts of Tripura and Patna as Chief Justice before his elevation as a Supreme Court Judge on 06-02-2023.
“While granting interim relief for continuation in service, the Court or Tribunal should, therefore, be slow and circumspect, unless prima facie evidence of unimpeachable character was produced because if the public servant succeeds, he can always be compensated. But if he fails, he would have enjoyed undeserved benefit of extended service and merely caused injustice to his immediate junior”.
The Supreme Court explained that the older Act enabled the Court to modify an award, a power which was consciously omitted by Parliament while enacting the 1996 Act, hinting towards exclusion of power to modify an award.
“A decision in a case takes its flavour from the facts of the case and the question of law involved and decided.”
The Supreme Court regarded the same to be a lapse on part of the state for not apprising the High Court of the true and up-to-date facts at the time of final hearing and remitted the matter back to the High Court for being examined afresh.
This report covers the Supreme Court's Never Reported Judgment dating back to the year 1952 on duty of appellate court under Criminal Procedure Code, 1898.
“There is no prohibition to effect a partition otherwise than through an instrument in writing by duly complying with the requirement of law.”
“Where a right or a liability is created by a statue, which gives a special remedy for enforcing it, the remedy provided by the statue must be availed of.”
Supreme Court said that when the defects are not intimated, and the warranty class has not been complied with, the Classification Certificate automatically becomes invalid.
Impact is a secondary aspect, but the Supreme Court’s Handbook on Combating Gender Stereotypes is an eye-opener and a must read for everyone among and beyond the legal community.
“Public interest need not remain exclusively limited to ensuring maximum revenue accrual for the government. Instead, public interest includes, without limiting itself to, a fair, transparent and stable process which all executive actions must adhere to.”
Justice PV Sanjay Kumar is a judge of the Supreme Court of India. He has formerly served as the Chief Justice of Manipur High Court and Judge of Punjab & Haryana High Court as well as Andhra Pradesh High Court.