Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- April 11 to 17

Administrative Law - For holding the action of the Executive to be arbitrary, there must be a factual basis. (Para 13) State of Maharashtra v. Shaikh Mahemud, 2022 LiveLaw (SC) 363 Administrative Tribunal Act, 1986 - Appeal against Jammu and Kashmir High Court judgment setting aside the Full bench judgment of Central Administrative Tribunal - Dismissed - We are in complete agreement with the view taken by the High Court on the procedure which was adopted by the Chairman of the Central Administrative Tribunal. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364 Administrative Tribunal Act, 1986; Section 26 - Once there is a difference of opinion between the Judicial Member and the Administrative Member of the Tribunal, the matter is required to be referred to the third Member/Chairman and the third Member/Chairman was required to give his own decision upon such a reference. However, the matter is not required to be referred to the Full Bench. Daljit Singh v. Arvind Samyal, 2022 LiveLaw (SC) 364 Civil Suit - The rights of the parties have to be determined on the date when lis commences i.e., on the date of filing of the suit. The plaintiff is entitled to decree on that day when he initiated the proceedings, therefore, rights of the parties have to be examined as on the said day. Shankarlal Nadani v. Sohanlal Jain, 2022 LiveLaw (SC) 367 Code of Civil Procedure, 1908; Order 41 Rule 33 - The Rule clothes the appellate court with an extra ordinary power, which however is a rare jurisdiction. It is to reach justice in the special facts of a case. It is not an ordinary rule to be applied across the board in all the appeals. In fact, the principle is interalia no doubt that even if there is no appeal by any of the parties in the proceedings, an order can be passed in his favour in the appeal carried by the other side. (Para 13) Eastern Coalfields Ltd. v. Rabindra Kumar Bharti, 2022 LiveLaw (SC) 374 Code of Criminal Procedure, 1973; Section 468 - If a complaint was filed within the period prescribed under Section 468 of the Code from the commission of the offence but the cognizance was taken after the expiry of such period, the terminal point for the prescribed period for the purposes of Section 468, was shifted from the date of taking cognizance to the filing of the complaint or initiation of proceedings so that a complaint ought not to be discarded for reasons beyond the control of the complainant or the prosecution. (Para 14) Kamatchi v. Lakshmi Narayanan, 2022 LiveLaw (SC) 370 Commission of Inquiry Act, 1952 - In respect of criminal charges, an accused can be tried by a Court of law and not merely on the basis of the report of the Commissioner under the Inquiry Act. Such a report is not conclusive and an independent action has to be taken by the State or by the victims against the Organizers before the competent court of law to prove the criminal offences said to be committed by certain accused. (Para 49) Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 Commission of Inquiry Act, 1952 - The Commission under the Act shall be appointed either by the Executive or by the Legislature but not by the Judiciary in terms of the provisions of Inquiry Act. (Para 46, 50) Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 Constitution of India, 1950; Article 14 - The differential treatment for different classes would not be hit by Article 14 of the Constitution of India. The only requirement would be, as to whether such a classification has a nexus with the object sought to be achieved by the Act. (Para 31) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 Constitution of India, 1950; Article 19(1)(g) - Right to establish an educational institution can be regulated. However, such regulatory measures must, in general, be to ensure the maintenance of proper academic standards, atmosphere and infrastructure and the prevention of maladministration. (Para 40-41) Dental Council of India v. Biyani Shikshan Samiti, 2022 LiveLaw (SC) 366 Constitution of India, 1950; Article 21 - Where life and personal liberty have been violated, the absence of any statutory provision for compensation in the statute is of no consequence. Right to life guaranteed under Article 21 of the Constitution of India is the most sacred right preserved and protected under the Constitution, violation of which is always actionable and there is no necessity of statutory provision as such for preserving that right. Article 21 of the Constitution of India has to be read into all public safety statutes, since the prime object of public safety legislation is to protect the individual and to compensate him for the loss suffered. Duty of care expected from State or its officials functioning under the public safety legislation is, therefore, very high. (Para 21) Sanjay Gupta v. State of Uttar Pradesh, 2022 LiveLaw (SC) 368 ...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- April 11 to 17

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Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index- April 11 to 17

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