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What emerges from the above discussion can be summarized in the form of following directions: (i) The voter has the elementary right to know full particulars of a candidate who is to represent him in the Parliament/Assemblies and such right to get information is universally recognized. Thus, it is held that right to know about the candidate is a natural right flowing from the concept of democracy and is an integral part of Article 19(1)(a) of the Constitution. (ii) The ultimate purpose of filing of affidavit along with the nomination paper is to effectuate the fundamental right of the citizens under Article 19(1)(a) of the Constitution of India. The citizens are supposed to have the necessary information at the time of filing of nomination paper and for that purpose, the Returning Officer can very well compel a candidate to furnish the relevant information. (iii) Filing of affidavit with blank particulars will render the affidavit nugatory. (iv) It is the duty of the Returning Officer to check whether the information required is fully furnished at the time of filing of affidavit with the nomination paper since such information is very vital for giving effect to the ‘right to know’ of the citizens. If a candidate fails to fill the blanks even after the reminder by the Returning Officer, the nomination paper is fit to be rejected. We do comprehend that the power of Returning Officer to reject the nomination paper must be exercised very sparingly but the bar should not be laid so high that the justice itself is prejudiced. (v) We clarify to the extent that Para 73 of People’s Union for Civil Liberties case (supra) will not come in the way of the Returning Officer to reject the nomination paper when affidavit is filed with blank particulars. (vi) The candidate must take the minimum effort to explicitly remark as ‘NIL’ or ‘Not Applicable’ or ‘Not known’ in the columns and not to leave the particulars blank. (vii) Filing of affidavit with blanks will be directly hit by Section 125A(i) of the RP Act However, as the nomination paper itself is rejected by the Returning Officer, we find no reason why the candidate must be again penalized for the same act by prosecuting him/her. 28) The Writ Petition is disposed of with the above directions.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40768 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION 1 WRIT PETITION (CIVIL) NO. 121 OF 2008 Resurgence India …. Petitioner (s) Versus Election Commission of India & Anr. …. Respondent(s) 2 J U D G M E N T P.Sathasivam, CJI. 1) This writ petition, under Article 32 of … Continue reading
Evidence Act, 1872-Section 32 Clause (5)-Date of birth-Proof of-Horoscope-Evidentiary value of-Held : Horoscope is a weak piece of evidence to prove age of a person and cannot be relied upon unless its authenticity is proved by cogent evidence-Cannot be given primacy over the school leaving certificate-Service Law. At the time of appointment as Patwari, respondent disclosed his date of birth to be 1.10.34. On a complaint, an enquiry was conducted and it was found that his actual date of birth was 25.11.31. Thereupon, Deputy Commissioner dismissed him from service. He unsuccessfully preferred appeal before Commissioner. Thereafter, Respondent filed suit for declaration that the correct date of birth is the one recorded in service book i.e. 1.10.34 and in support submitted his horoscope. Trial Court dismissed the suit holding that there was no ground to interfere with the orders of Deputy Commissioner. First appellate court allowed the appeal accepting the date of birth as mentioned in the horoscope. High Court dismissed the Second appeal on the ground that no substantial question of law was involved. In appeal to this court, appellant contended that school register and the connected records were produced which showed that the date of birth was 25.11.1931. The evidentiary value of these documents was discarded by the first appellate court primarily on the ground that a horoscope was produced according to which the date of birth was 1.10.1934.- Allowing the appeal, the Court HELD : 1. The school records have more probative value than a horoscope. Where no other material is available, the horoscope may be considered but subject to its authenticity being established. These aspects were not considered by the first appellate court and the High Court. The High Court was, therefore, not justified in dismissing the Second Appeal by observing that there was no substantial question of law involved. [764-D-E] 2. Respondent claimed that both school leaving certificate and the horoscope were produced and the date of birth was recorded by relying on the horoscope. It has not been explained as to how varying dates remained and why no steps were taken to get the school records corrected. On enquiry, the school leaving certificate was found to be forged one. There was no effort to reconcile the discrepancy in the so-called horoscope and the school record as taken note of by the Trial Court. The first Appellate Court took a different view without any plausible reason. [762-G-H; 763-B] 3. Horoscope is a very weak piece of material to prove age of a person. In most cases, the maker of it may not be available to prove that it was made immediately after the birth. A heavy onus lies on the person who wants to press it into service to prove its authenticity. In fact, a horoscope to be treated as evidence in terms of Section 32 Clause (5) Evidence Act, 1872, must be proved to have been made by a person having special means of knowledge as regards authenticity of a date, time etc. mentioned therein. No evidence was led by the respondent to prove authenticity of the same. In any event the same was not to be given primacy over the school leaving certificate. It was not shown as to how the entry therein was wrong. The onus was on the respondent to prove that the same was not correct, which was not discharged. [763- E-F, C-D] Ram Narain Vallia v. Monee Bibi, ILR 9 Cal. 613; Mst. Biro v. Atma Ram, AIR (1937) PC 101 and Satish Chandra Mukhopadhya v. Mohendra Lal Pathak, ILR 97 Cal. 849, relied on. 4. The statement contained in the admission register of the school as to the age of an individual on information supplied to the school authorities by the father, guardian or a close relative, is more authentic evidence under Section 32 Clause (5) unless it is established that it is inherently improbable. The time of one’s birth relates to the commencement of one’s relationship by blood and a statement therefore of one’ age made by a person having special means of knowledge, relates to the existence of such relationship as that referred to in Section 32 Clause (5). Oral evidence may have utility if no documentary evidence is forthcoming. Even the horoscope cannot be reliable because it can be prepared at any time to suit the need of a particular situation. Entires in the school register and admission form regarding date of birth constitute good proof of age. [763-G-H, 764-A, B-C] Uttam Chandra v. State of Rajasthan, [1982] 2 SCC 202, relied on. Atul Nanda, A.A.G. for the State of Punjab, Arun K. Sinha for the Appellant. Nidhesh Gupta, Vinod Shukla and Ms.S. Janani, for the Respondent.- 2005 AIR 1868, 2005(2 )SCR758 , 2005(3 )SCC702 , 2005(3 )SCALE173 , 2005(3 )JT220
CASE NO.: Appeal (civil) 1730 of 2005 PETITIONER: State of Punjab RESPONDENT: Mohinder Singh DATE OF JUDGMENT: 14/03/2005 BENCH: ARIJIT PASAYAT & S.H. KAPADIA JUDGMENT: J U D G M E N T (Arising out of SLP (C) No. 22477/2003 ARIJIT PASAYAT, J. Leave granted. Appellant-State calls in question legality of the judgment rendered … Continue reading
offence under Sections 498A and 406 of IPC = raised three grounds to quash the FIR against the petitioners = (i) The occurrence took place only at the jurisdiction of United States of America, therefore, the first Respondent has no jurisdiction to register the case. (ii) As the petitioners are the residents of United States of America, the FIR registered by the first respondent against the petitioners is not maintainable for want of sanction from the Central Government as provided under Section 188 of Cr.P.C. To substantiate the said contention, the learned senior counsel appearing for the petitioners relied upon the judgment in the case of Mohandoss and four others Vs.State rep. by Inspector of Police, All Women Police Station,Thallakulam, Madurai and another reported in 2003 (3) CTC 54 wherein it has been held that this Court has enormous power to quash the complaint. (iii) There is no specific allegation against the other family members regarding the demand of dowry as well as harassment. Hence, she prayed that the FIR against the petitioners has to be quashed. = whether the complaint filed by the wife before the first respondent police attracts the jurisdiction to register the complaint? = the husband started committing the offence immediately after of the marriage on the same day evening and it continued till her return to India. Since it is a matrimonial dispute between the husband and wife and further both the persons are Indians, there is no need for any previous sanction as provided under Section 188 of the Cr.P.C. Therefore, I am of the view that the present complaint is maintainable in law. It does not require any sanction since it is a day to day domestic quarrel. ; the petitioners 4 and 5 is concerned, even though they are the residents of USA in the same house. Further, they never came to Madras. There is no specific allegation has been made against the petitioners 4 and 5 regarding any demand of dowry or any inducement regarding the dowry harassment. Since there is no specific allegation as against the petitioners 4 and 5 no case is made out against the petitioners 4 and 5. Therefore, I hold that the FIR against the petitioners 4 and 5 is abuse of process of law as per the law laid down in the Bhajanlal’s case reported in State of Haryana Vs. Bhajan Lal (1992 Supp (1) SCC 335). Hence, the FIR as against the petitioners 4 and 5 are quashed.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.09.2012 CORAM: THE HON’BLE MR.JUSTICE A.ARUMUGHASWAMY Criminal Original Petition No.14656 of 2012 1. Dr.Harihar Narasimha Iyer 2. Dr.Narasimha Iyer 3. Prof. Krishnakumari Ammal Rajammal 4. Dr.Indulekha Gopal 5. Anuradha Narasimhan … Petitioners/Accused Versus 1. State of Tamilnadu rep. by Inspector of Police, W.19, All Women Adayar … Continue reading
PROLOGUE : “Child Sexual Abuse happens because the system of silence around the act perpetuates it.” “Child Sexual Abuse represses children; the repression of children is unlikely to create a flourishing society, economically, emotionally, equally or spiritually”. [‘Bitter Chocolate’ – Child Sexual Abuse in India by Pinki Virani – Penguin Books – 2000] 2.Indian Scenario : 2.1.In order to examine the incidence of sexual abuse among child respondents, the questionnaire was administered to 12,447 children belonging to the five different categories including children in family environment, children in schools, children in institutions, children at work and street children. The study looked into four severe forms and five other forms of sexual abuse. Out of the total child respondents, 53.22% reported having faced one or more forms of sexual abuse that included severe and other forms. Among them 52.94% were boys and 47.06% girls. The age wise distribution of children reporting sexual abuse in one or more forms showed that though the abuse started at the age of 5 years, it gained momentum 10 years onward, peaking at 12 to 15 years and then starting to decline. This means that children in the teenage years are most vulnerable. [Sexual Abuse of Children : (para 6.2)] 2.2.Out of the total child respondents, 20.90% were subjected to severe forms of sexual abuse that included sexual assault, making the child fondle private parts, making the child exhibit private body parts and being photographed in the nude. Out of these 57.30% were boys and 42.70% were girls. Over one fifth of these children faced more than three forms of sexual abuse. Amongst these sexually abused children, 39.58% were in the age group of 5-12 years, 35.59% in the age group of 15-18 years and 24.83% in the age group of 13- 14 years. [Severe forms of sexual abuse :(para 6.2.1)] 2.3.From the data available, an analysis of severe forms of sexual abuse arranged age-wise revealed that sexual abuse crossed the 5% mark from the age of 10 years, peaked at 15 years and by the time the child reached 18 years, went below the 5% mark. 73% of the total incidence of child sexual abuse was reported among children between 11 and 18 years of age. Therefore the pre-adolescent to the adolescent child seems to be most at risk. It is also disturbing to note that children between 6 and 10 years also face severe forms of sexual abuse. [Study on Child Abuse : India 2007 : Ministry of Women and Child Development, Government of India : Pages 74, 75 and 76]
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07/03/2012 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.(MD)No.8355 of 2011 and W.P.(MD)No.12572 of 2011 and M.P.(MD)No.1 of 2011 M.Veersamy .. Petitioner in both writ petitions Vs. 1.State of Tamilnadu, represented by Home Secretary, Secretariat, Fort St. George, Chennai. 2.District Collector, Madurai District, Collectorate, Madurai. 3.Superintendent … Continue reading
The visa card carried a personal accident cover, with risk coverage of Rs.4 lakhs.= even though the visa card was issued, however till declaration of assignment was not filled in, the deceased cannot be regarded as their customer. Therefore the question of payment of any amount does not arise. ? = it is clearly stated that the card issued only with personal accident benefit and he is entitled to the amount for an accident on road or in air travel. Therefore on reading the instruction under “Insurance benefit on you card” it cannot be said that the benefit commences only after filling of declaration of assignment. The evidence put before us do not show that such a condition was put forth by the opponent that the benefit under the card will not be available unless declaration cum undertaking was filled in.”
NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1902 OF 2011 (Against the order dated 16.09.2010 in Appeal No.1297/2006 of the State Commission, Gujarat) Standard Chartered Bank 5th Floor, Sakar -3, Income Tax, Ashram Road Ahmedabad ……….Petitioner Versus Mr. Naran Bhai ShamjiBhai Bhandari R/o Tarwade, TA Distt. Amreli, Ahmedabad, Gujarat …..Respondent BEFORE HON’BLE MR. JUSTICE J. M. MALIK, PRESIDING MEMBER HON’BLE MR. VINAY KUMAR, MEMBER … Continue reading
the High Court has granted the Writ of Mandamus directing the Indian Oil Company to allot the dealership of the site located at Thane Belapur Road, Village Mahape, Navi Mumbai, Maharashtra to Shri Ashok Shankarlal Gwalani (hereinafter referred to as the “respondent”) we have no other option but to set aside the order of the High Court. Accordingly, the order and judgment dated 29.9.2010 passed by the High Court of Bombay is set aside with a liberty to the Competent Authority to re-advertise the petrol/diesel retail outlets in question and to make a fresh selection in accordance with law. The appeal is allowed with aforesaid observation and directions. There shall be no order as to costs.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 9101 2012. (Arising out of SLP(C) No.31932 of 2010) SR. DIVISIONAL RETAIL SALES MANAGER, INDIAN OIL CORPORATION LTD. THROUGH POA HOLDER & ORS. . . APPELLANT(S) VERSUS ASHOK SHANKARLAL GWALANI . .RESPONDENT(S) J U D G M E N … Continue reading
Bail: Allegations against respondent no.1 that he had huge amount of unaccounted money, that documents recovered from his premises contained instructions issued by him for transfer of various amounts to different persons from the bank accounts held by him outside India and the said monies were the proceeds of crime and by depositing the same in his bank accounts, respondent no.1 had attempted to project the same as untainted money – Further allegation that the said amount ran into billions of dollars; that respondent no.1 had obtained at least three passports in his name by submitting false documents, making false statements and by suppressing the fact that he already had a passport; that Income Tax Department had for the Assessment Years 2001-02 to 2007-08 assessed his total income as Rs.110,412,68,85303/- – Investigations also revealed that he sold a diamond from the collection of Nizam of Hyderabad and routed the proceeds through his account in Bank in Switzerland to a Bank in United Kingdom – High Court allowed bail application of respondent no.1 – On appeal, held: There was no attempt on part of respondent no.1 to disclose the source of the large sums of money handled by him – The allegations may not ultimately be established, but the burden of proof that the said monies were not the proceeds of crime and were not tainted shifted to respondent no.1 u/s.24 of PML Act – The amount lying in the Swiss bank was not explained by respondent no.1 – He was also not able to establish that the sum of Rs.110,412,68,85303/- were neither proceeds of crime nor tainted property – Manner in which he procured three different passports in his name after his original passport was directed to be deposited in court also lend support to apprehension that if released on bail, he may abscond – Bail granted to Respondent no.1 cancelled – Prevention of Money Laundering Act, 2002 – s.4 – FEMA – Code of Criminal Procedure, 1973 – s.439. Bail – Application for cancellation of bail, and appeal against order granting bail – Distinction between. State of U.P. v. Amarmani Tripathi (2005) 8 SCC 21: 2005 (3) Suppl. SCR 454 – relied on. Sanjay Dutt v. State through CBI, Bombay (II) (1994) 5 SCC 410: 1994 (3) Suppl. SCR 263; Uday Mohanlal Acharya v. State of Maharashtra (2001) 5 SCC 453: 2001 (2) SCR 878 – referred to. Case Law Reference: 1994 (3) Suppl. SCR 263 referred to Para 17 2001 (2) SCR 878 referred to Para 17 2005 (3) Suppl. SCR 454 relied on Para 27 CRIMINAL APPELLATE JURISDICTION : Criminal Appeal No. 1883 of 2011. From the Judgment & Order dated 12.8.2011 of the High Court of Bombay i Criminal Bail Appliction No. 994 of 2011. A. Mariarputham, Rajiv Nanda, Revati Mohite, T.A. Khan, Anirudh Sharma, Anando Mukherjee, Harsh Parekh and B. Krishna Prasad for the Appellant. Ishwari Prasad A. Bagaria, Vijay Bhaskar Reddy, Santosh Paul, Uma Ishwari Bagaria, Arti Singh, Arvind Gupta, Mohita Bagati, Kamal Nijhawan and Asha Gopalan Nair for the Respondents.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1883 OF 2011 (Arising out of SLP(Crl.) No.6114 OF 2011) Union of India … Appellant Vs. Hassan Ali Khan & Anr. … Respondents O R D E R ALTAMAS KABIR, J. 1. Leave granted. 2. The Special Leave Petition out of which this … Continue reading
The suggestion is well taken and accepted by all the interested parties represented by learned counsel, and, accordingly, we modify paragraph 14 of the said judgment dated 20th July, 2012, by including the words “AND THE SCAORA” after the words “OTHER THAN THE SCBA” appearing at lines 3 and 4 of the paragraph and also after the same words appearing in line 11 of the said paragraph. Let the said paragraph be modified and read accordingly. As far as the other prayer made on behalf of the applicant is concerned, with regard to the number of filings in a year, as indicated in paragraph 9 of the judgment, we are convinced that since all advocates and members of the SCBA will be covered by the number of entries into the Supreme Court High Security Zone by the Proximity Card, the same does not require any modification at this stage.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A.NO.6 IN CIVIL APPEAL NO. 3401 OF 2003 & 3402 OF 2003 SUPREME COURT BAR ASSOCIATION & ORS. Appellant (s) VERSUS B.D. KAUSHIK ETC. Respondent(s) O R D E R I.A.No.6 has been filed on behalf of the Supreme Court … Continue reading
We may only mention that learned counsel for Craig Mcleod submitted that the order dated 07.01.2011 is in violation of the order passed by this Court on 29.11.2010.Therefore, without going into the larger issues raised before us, we grant liberty to Craig Mcleod to revive W.P.(C) No. 890 of 2012 filed (and subsequently withdrawn) by him in the High Court challenging the office order dated 07.01.2011 passed by the Vice Chancellor of the University. We expect the High Court to permit revival of the Writ Petition and decide it expeditiously since it is stated that Craig Mcleod has already lost two years of his education as result of this litigation.
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.5889 OF 2012 (@ SPECIAL LEAVE TO APPEAL (CIVIL) NO. 32358 OF 2010) VICE CHANCELLOR, GURU GHASIDAS UNIVERSITY …..Appellant Versus CRAIG MCLEOD …..Respondent J U D G M E N T Madan B. Lokur, J. 1. Leave granted. 2. The Vice Chancellor, Guru … Continue reading
Section 151 CPC and analogus to the provisions of Order 1 Rule 10 of the Code of Civil Procedure for impleadment of a party to the complaint. The complainants are the parents of Shri‘Nitin Arora’ a student of Ninth class, who used to study in ‘Mahashya Chuni Lal Saraswati Bal Mandir, Senior Secondary School, L-Block, Hari Nagar, New Delhi’. He went with the school teachers and drowned in the Saryu river while taking a bath. There is sufficient delay in filing this application but taking into consideration the fact that the complainants are the unfortunate parents of a child, who died at a very young age, we do not propose to impose any costs. Amended complaint be filed and school be summoned for 24.9.2012. School is directed to file its written statement on the date fixed.
NATIONAL CONSUMER DISPUTES RERESSAL COMMISSION NEW DELHI M.A. No. 296 OF 2012 (for impleadment of parties) IN ORIGINAL PETITION NO. 269 OF 1999 Madan Lal Arora … Complainant Versus Dharampal Ji,M.D.H. & Ors. … Opposite Parties BEFORE: HON’BLE MR. JUSTICE J.M. MALIK, PRESIDING MEMBER HON’BLE MR. VINAY KUMAR, MEMBER For the Complainant : Mr. Peeyoosh Kalra, Advocate with Mr. Ashok, Advocate For the Opp. Parties : Mr. D. K. Mehta, Advocate Pronounced … Continue reading
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