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Monday, July 8, 2013

Power of Magistrate to issue summons to persons named in FIR but not in charge sheet

(2013) 4 SCC 275, Dhrup Singh v. State of Bihar, following (2010) 9 SCC 479

 

Even if the investigating authority is of the view that no case has been made out against an accused, the magistrate can apply his mind independently to the materials contained in the police report and take cognizance.

Land Acquisition - Release of Land of some of the Affected persons entitles others to same treatment

(2013) 4 SCC 210, Usha Stud and Agricultural Farms Private Limited

 

Once the State Government took a conscious decision to release the lands of [an affected persons and four others], albeit by executing agreements with them, there could be no justification whatsoever for not according similar treatment to the appellants. 

Land Acquisition - Report of Collector and Decision of State Government

(2013) 4 SCC 210, Usha Stud and Agricultural Farms Private Limited

 

 Section 5-A(2), which represents statutory embodiment of the rule of audi alteram partem, gives an opportunity to the objector to make an endeavour to convince the Collector that his land is not required for the public purpose specified in the notification issued under Section 4(1) or that there are other valid reasons for not acquiring the same. That section also makes it obligatory for the Collector to submit report(s) to the appropriate Government containing his recommendations on the objections, together with the record of the proceedings held by him so that the Government may take appropriate decision on the objections. Section 6(1) provides that if the appropriate Government is satisfied, after considering the report, if any, made by the Collector under Section 5-A(2) that particular land is needed for the specified public purpose then a declaration should be made. This necessarily implies that the State Government is required to apply mind to the report of the Collector and take final decision on the objections filed by the landowners and other interested persons. Then and then only, a declaration can be made under Section 6(1).

 

 

General Court Martial and Criminal Procedure Code

(2013) 4 SCC 186, Union of India v. Ajeet Singh

 

GCM is a substitute of criminal trial. While Army Act and Army Rules apply, as CrPC deals with principles of natural justice, thus, the principles applied therein may provide guidelines with respect to misjoinder of charges and a joint trial. (paragraph 16)

Construction of Rules to benefit Employees

1991 Supp (2) SCC 363, Nirmal Chandra Bhattacharjee v. Union of India

 

No rule or order which is meant to benefit employees should normally be construed in such a manner as to work hardship and injustice specially when its operation is automatic and if any injustice arises then the primary duty of the courts is resolve it in such a manner that it may avoid any loss to one without giving undue advantage to other..

 

Followed in State of UP v. Mahesh Narain, (2013) 4 SCC 169

Under 482 CrPC, even non-compoundable offences can be quashed by High Courts

(2013) 4 SCC 58, Jitendra Raghuvanshi v. Babita Raghuvanshi

 

The High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice and Section 320 CrPC does not limit or affect the powers of the High Court under Section 482 CrpC. … Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure it is held that for the purpose of securing ends of justice, Section 320 CrPC would not be a bar to the exercise of power of quashing FIR, complaint or the subsequent criminal proceedings.

Forfeiture of the Right to Appoint Arbitrator

(2013) 4 SCC 35, Deep Trading Company v. Indian Oil Corporation

 

Appointment by the Corporation during the pendency of proceedings under Section 11(6) of the Arbitration and Conciliation Act, 1996 is non est, as the appointment after forfeiture of its right is of no consequence.

Monday, April 15, 2013

GO whose quashing is sought must be produced before the court

Any government order sought to be challenged before the High Court, must be produced before it. It is improper to quash an order which is not produced before the High Court.
(1986) 4 SCC 667
(2009) 8 SCC 492
 

Sunday, April 14, 2013

Relationship between Section 125 CrPC and Section 18 of HAMA

"Proceeding under Section 125 Cr.P.C. is summary in nature and intended to provide a speedy remedy to the wife and any order passed under Section 125 Cr.P.C. by compromise or otherwise cannot foreclose the remedy available to a wife under Section 18(2) of the Hindu Adoption and Maintenance Act." 

Nagendrappa Natikar Vs. Neelamma dated 15-3-2013 available at
http://www.supremelaw.in/2013/03/nagendrappa-natikar-vs-neelamma.html

Power of Attorney Holder cannot depose in lieu of the person who attorney s/he is

It is a settled legal proposition that the power of attorney holder cannot depose in place of the principal. Provisions of Order III, Rules 1 and 2 CPC empower the holder of the power of attorney to  "act" on behalf of the principal. The word "acts" employed therein is confined only to "acts" done by the power-of-attorney holder, in exercise of the power granted to him by virtue of the instrument. The term "acts", would not include deposing in place and instead of the principal. In other words, if the power-ofattorney holder has preferred any "acts" in pursuance of the power of attorney, he may depose for the principal in respect of such acts, but he cannot depose for the principal for acts done by the principal, and not by him. Similarly, he cannot depose for the principal in respect of a matter, as regards which, only the principal can have personal knowledge and in respect of which, the principal is entitled to be crossexamined. (See: Vidhyadhar v. Manikrao & Anr., AIR 1999 SC 1441; Janki Vashdeo Bhojwani v. Indusind Bank Ltd., (2005) 2 SCC 217; M/S Shankar Finance and Investment v. State of A.P & Ors., AIR 2009 SC 422; and Man Kaur v. Hartar Singh Sangha, (2010) 10 SCC 512).