Supreme Court Weekly Digest With Nominal, Subject Wise And Statute Wise Index [March 1 to 7]

SUBJECT INDEX Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi judicial proceedings. (Para 28) 2022 LiveLaw (SC) 226 CISF Rules, 2001 ; Rule 52 - Appellate power under Rule 52 of the CISF Rules, 2001, cannot be equated with power of judicial review exercised by constitutional courts. (Para 9) 2022 LiveLaw (SC) 244 Civil Suit - Adverse Possession - Suit for declaration based on adverse possession having matured into ownership – Maintainable. 2022 LiveLaw (SC) 246 Civil Suit - If the title to the property was the basis of the relief of possession, the relief for permanent injunction can be said to be a consequential relief. (Para 11) 2022 LiveLaw (SC) 241 Civil Suit - Injunction - Once the dispute with respect to title is settled and it is held against the plaintiff, the suit by the plaintiff for permanent injunction shall not be maintainable against the true owner. (Para 9) 2022 LiveLaw (SC) 241 Code of Criminal Procedure, 1973 - Appeal against High Court order setting aside criminal proceedings on the ground that taking cognizance by magistrate was barred by limitation - Allowed - The High Court made a fundamental error in assuming that the date of taking cognizance i.e., 04.12.2012 is decisive of the matter, while ignoring the fact that the written complaint was indeed filed by the appellant on 10.07.2012, well within the period of limitation of 3 years with reference to the date of commission of offence i.e., 04.10.2009 - Rejected the contention that Sarah Mathew's case requires reconsideration on the ground that some of the factors related with Chapter XXXVI CrPC have not been considered. 2022 LiveLaw (SC) 248 Code of Criminal Procedure, 1973 - Section 173 - Magistrate to have due regard to both the reports, the initial report which was submitted under Section 173(2) as well as the supplementary report which was submitted after further investigation in terms of Section 173(8). It is thereafter that the Magistrate would have to take a considered view in accordance with law as to whether there is ground for presuming that the persons named as accused have committed an offence. 2022 LiveLaw (SC) 230 Code of Criminal Procedure, 1973 - Section 436-439 - Bail - Grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters. More heinous the crime, greater is the chance of rejection of bail, though the exercise also depends on the factual matrix of the matter - The Court, amongst others, must consider the prima facie view of whether the accused has committed the offence, nature of the offence, gravity, likelihood of the accused obstructing in any manner or evading the process of justice. Grant of bail draws an appropriate balance between public interest in the administration of justice and protection of individual liberty in a criminal case. The prima facie examination is on the basis of analysis of the record, and should not be confused with examination in detail of the evidence on record to come to a conclusive finding. 2022 LiveLaw (SC) 222 Code of Criminal Procedure, 1973; Section 468 - The relevant date is the date of filing of the complaint or the date of institution of prosecution and not the date on which the Magistrate takes cognizance of the offence. 2022 LiveLaw (SC) 248 Code of Criminal Procedure, 1973; Section 482 - There being no bar to exercise of jurisdiction of Criminal Courts including the High Court, under Section 482 CrPC, the High Court is competent to entertain the petition under Section 482 CrPC. (Para 14) 2022 LiveLaw (SC) 243 Constitution of India, 1950 - Article 142 - Irretrievable breakdown of marriage - Consent of the parties is not necessary to declare a marriage dissolved. (Para 29-31) 2022 LiveLaw (SC) 224 Constitution of India, 1950 - Article 142 - Irretrievable breakdown of marriage - Affirmed the judgment of the High Court but refused to grant a decree of dissolution on the ground of cruelty - Invoking Article 142 of the Constitution the marriage declared as dissolved. 2022 LiveLaw (SC) 224 Constitution of India, 1950 - Article 226 - Appeal against high Court set aside the orders passed by authorities refusing to confirm auction in favour of highest bidder - Allowed - The High Court was not supposed to interfere in the opinion of the executive who were dealing on the subject, unless the decision is totally arbitrary or unreasonable, and it was not open for the High Court to sit like a Court of Appeal over the decision of the competent authority and particularly in the matters where the authority competent of floating the tender is the best judge of its requirements, therefore, the interference otherwise has to be very minimal. 2022 LiveLaw (SC) 235 Constitution ...

Supreme Court Weekly Digest With Nominal, Subject Wise And Statute Wise Index [March 1 to 7]

LIVELAW NEWS NETWORK

Tags