Supreme Court Monthly Digest-January 2024

Administration of JusticeIn the instant case, we find initiation of criminal proceedings before a forum which had no territorial jurisdiction by submitting incorrect facts and giving frivolous reasons to entertain such complaints. A closer look at the respondent's actions reveals more than just an inappropriate use of jurisdiction. The core issue of the dispute, which involves financial transactions and agreements, clearly places it in the realm of civil and commercial law. Yet, the respondent chose to pursue criminal charges in a quest to abuse the criminal justice system with a motive to seek personal vengeance rather than seeking true justice. This unnecessary turning of a civil matter into a criminal case not only overburdens the criminal justice system but also violates the principles of fairness and right conduct in legal matters. The apparent misuse of criminal proceedings in this case not only damages trust in our legal system but also sets a harmful precedent if not addressed. 2024 LiveLaw (SC) 33Unscrupulous litigants should not be allowed to go scot-free. They should be put to strict terms and conditions including costs. It is time to check with firmness such litigation initiated and laced with concealment, falsehood, and forum hunting. Even State actions or conduct of government servants being party to such malicious litigation should be seriously reprimanded. 2024 LiveLaw (SC) 33Vulnerable Witnesses Deposition Centres (VWDCs) - All the High Courts to take necessary steps for setting up of VWDCs in all districts. This exercise must be completed on or before 30 April 2024. (Para 2) 2024 LiveLaw (SC) 43Adverse PossessionDeclaration of title can be sought based on adverse possession. (Para 5) 2024 LiveLaw (SC) 82Tenants cannot claim adverse possession against their landlords since their possession is permissive in nature. (Para 9.4) 2024 LiveLaw (SC) 17AdvocateThe High Court has imposed costs on the ground that the advocate had made an attempt to mislead the court. An advocate who appears before the court is first and foremost an officer of the court and is expected to discharge duties in that capacity. The advocate in this case is a junior at the Bar. Being a junior at the Bar is not an immunity from observing proper code of behaviour, particularly in dealing with the court. 2024 LiveLaw (SC) 34Ancient MonumentsNotwithstanding any liberal recommendation on undertaking blasting operations nearer to the Chittorgarh Fort, keeping in perspective the continuous exposure of ancient monuments to peak particle velocity (PPV) arising from blasting, a radius of five kilometres from the compound wall of the Fort shall not be subjected to mining by blasting or use of explosives for mining of any minerals. In other words, the manual/mechanical mining operations permitted within a radius of five kilometres are allowed to be continued, subject to the lessees possessing a valid lease in accordance with law. (Para 24.3) 2024 LiveLaw (SC) 38The Chittorgarh Fort represents the quintessence of a tribute to nationalism, courage, medieval chivalry, and sacrifice exhibited between the seventh and the sixteenth centuries by several rulers, like the Mewar rulers of Sisodia, their kinsmen, women, and children. The Chittorgarh Fort has weathered and withstood many battles and has been a witness to the power and pride of the kings who occupied the Fort. The history is replete with brave, extraordinary and indomitable courage exhibited by the rulers and occupants of the Fort. The Chittorgarh Fort is a notified monument under the Ancient and Historical Monuments and Archaeological Sites and Remains (Declaration of National Importance) Act, 1951 and the Ancient Monuments Archaeological Sites and Remains Act, 1958, and also a notified UNESCO World Heritage Site. The Fort attracts tourists from far and near for sightseeing and to look at the tall and strong structures on the hilltop of Chittorgarh, evidencing the grit and ability to withstand all adversities. Despite the passage of centuries, from the time of construction, the Chittorgarh Fort retains some significant, world-class structures, including the Vijay Stambh, Kirti Stambh, Padmini Palace, Kumbha Palace and Meera Mandir. The Fort's history and legacy make it a preferred destination for tourists. The serene hillock, which had less populated surroundings at one point, is subject to contemporaneous development, urbanisation, etc. (Para 1 & 2) 2024 LiveLaw (SC) 38The Chittorgarh Fort was constructed in the Mauryan period, and from time to time, the rulers of the kingdom rebuilt, expanded and continued the legacy inherited. The Report of CSIR-CBRI, Roorkee, deals with the impact on the Chittorgarh Fort from the explosives used in mining and the peak particle velocity (PPV) on the structures existing in and around the Fort. The Report also deals with the ancillary causes for the present state of affairs, i.e., footfall of tourists, the presence of monkeys and haphazard...

Supreme Court Monthly Digest-January 2024

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