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Original jurisdiction

This tag is associated with 27 posts

for effective management of the water resources in the country by nationalization and inter-linking of rivers from Ganga – Cauveri, Vaigai-Tambaravarmi up to Cape Kumari. According to him, as early as in 1834, Sir Arthur Cotton, who had constructed the Godavari and Krishna dams, suggested a plan called the `Arthur Cotton 2

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 512 OF 2002   “IN RE : NETWORKING OF RIVERS”   WITH   WRIT PETITION (CIVIL) NO. 668 OF 2002     J U D G M E N T   Swatanter Kumar, J.   1. Nearly ten years back, the … Continue reading

REFERRED TO CONSTITUTIONAL BENCH =whether under Section 154 Cr.P.C., a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) has an option, discretion or latitude of conducting some kind of preliminary enquiry before registering the FIR. 110. Learned counsel appearing for the Union of India and different States have expressed totally divergent views even before this Court. This Court also 8

REPORTABLE IN THE SUPREME COURT OF INDIA   CRIMINAL ORIGINAL JURISDICTION   WRIT PETITION (CRIMINAL) NO.68 OF 2008   Lalita Kumari …Petitioner   Versus   Government of U.P. & Others …Respondents   WITH   CRIMINAL APPEAL NO.1410 OF 2011   Samshudheen …Appellant   Versus   State, Represented by Dy. Superintendent of Police Tamil Nadu …Respondent … Continue reading

BABA RAMDEV=APEX COURT HELD THAT THE GOVT. REACTED OUTRAGEOUSLY- =An individual is entitled to sleep as comfortably and as freely as he breathes. Sleep is essential for a human being to maintain the delicate balance of health necessary for its very existence and survival. Sleep is, therefore, a fundamental and basic requirement without which the existence of life itself would be in peril. To disturb sleep, therefore, would amount to torture which is now accepted as a violation of human right. It would be similar to a third degree method which at times is sought to be justified as a necessary police action to extract the truth out of an accused involved in heinous and cold- blooded crimes. It is also a device adopted during warfare where prisoners of war and those involved in espionage are subjected to treatments depriving them of normal sleep. 39. Can such an attempt be permitted or justified in the given circumstances of the present case? Judicially and on the strength of impartial logic, the answer has to be in the negative as a sleeping crowd cannot be included within the bracket of an unlawful category unless there is sufficient material to brand it as such. The facts as uncovered and the procedural mandate having been blatantly 249 = The Police Force has failed to act in accordance with the Rules and Standing Orders. Primarily, negligence is attributable to some 133

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION SUO MOTU WRIT PETITION (CRL.) NO. 122 OF 2011 IN RE: RAMLILA MAIDAN INCIDENT DT.4/5.06.2011 v. HOME SECRETARY, UNION OF INDIA & ORS. J U D G M E N T Swatanter Kumar, J. 1. At the very outset, I would prefer to examine the … Continue reading

judicial service= the petitioner was wrongly denied promotion in July 2003 although his juniors were accorded promotion,the petitioner has been made to retire on December 31, 2006 on attaining the age of 58 years although the superannuation age stood enhanced to 60 years. – promotion, superannuation age of 60 years is to be considered is rejected=A bare perusal of the Clause (B) of amended Rule 20 leaves no manner of doubt that the High Court is empowered to assess and evaluate the record of a judicial officer for continued utility in service upto 60 years. Clause (B) has overriding effect over Clause (A) of Rule 20. This is clear from the expression “Notwithstanding anything contained in Clause (A)” with which Clause (B) begins. The mode and manner of assessment and evaluation of the potential of continued utility is prescribed in Rule 20(B)(I) of the 2003 Rules. No legal flaw has been pointed out to the exercise undertaken by the High Court in respect of the assessment and evaluation of the petitioner’s 7 service for continued utility in service upto 60 years.

1   REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO(s). 31 OF 2004   N.C. DAS Petitioner(s) VERSUS GAUHATI HIGH COURT THR. REGISTRAR Respondent(s) & ORS. J U D G M E N T R.M. LODHA, J. The petitioner on the date of filing the Writ Petition under Article … Continue reading

the National Flag is both a benediction and a beckoning. Thus, in case a person shows any kind of disrespect to the National Flag or does not observe the terms contained in the Code, legal action may be taken against him under the relevant statutory provisions= the respondents, namely, Yog Guru Baba Ramdev; Shri Anna Hazare, Mrs. Kiran Bedi and others have, on several occasions insulted the National Flag and violated the norms of waiving of National Flag, as provided in the Flag Code 2002. Thus, the petitioner has sought relief that a sum of Rs.10,00,000,00/- (Rupees Ten crores) be recovered from Baba Ramdev for misusing National Flag for gaining = In Delhi Jal Board v. National Campaign for Dignity and Rights of Sewerage and Allied Workers & Ors., (2011) 8 SCC 568, this Court while dealing with the issue made the observation that in exceptional circumstances where there is inaction by the executive, for whatever reason, the judiciary must step in, in exercise of its Constitutional obligations to provide a solution till such time the legislature acts to perform its role by enacting proper legislation to cover the field.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 533 OF 2011 V.K. Naswa … Petitioner Versus Home Secretary, U.O.I. and Ors. … Respondents O R D E R 1. This writ petition has been filed making grievance that the respondents, namely, Yog Guru Baba Ramdev; Shri Anna Hazare, Mrs. … Continue reading

discharge of accused =Though the name of the petitioner is mentioned in the first information report, no specific overt act is attributed against him in the complaint. Further, the statements of the witnesses recorded by the Investigating Officer do not disclose that the petitioner was present either at the scene of occurrence or he participated in the crime, as rightly contended by the learned counsel for the petitioner. In such a situation, this Court is of the view that pending of the case against the petitioner amounts to abuse of process of law.

HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.2275 of 2011   ORDER: This Criminal Revision Case is filed by the petitioner-accused No.1, under Sections 397 and 401 of Cr.P.C., against the order dated 17.10.2011 made in Crl.M.P.No.35 of 2011 in S.C.No.147 of 2011 on the file of the III Addl. Assistant Sessions Judge, Kakinada, … Continue reading

senior civil judge courts of A.P. has got jurisdiction to entertain the cases under Indian succession act=This Court in R.O.C.No.40/So/72.2 – under the provision of Section 19 (1) of the Andhra Pradesh Civil Courts Act, 1972 (Act 19 of 1972) and in super cession of the previous Notification on the subject, authorized all Subordinate Judges (including the Additional Judges in the City Civil Courts) to take cognizance of any proceedings under the Indian Succession Act, 1925, (Act 39 of 1925) which cannot be disposed of by the District Delegates. 3. Therefore, in view of the above proceedings, this Court authorized all the Subordinate Judges to take cognizance of the proceedings under Indian Succession Act. Hence, the impugned order is not in accordance with law and the same is liable to be set aside.

IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH  AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL MISCELLANEOUS APPEAL No.46 OF 2010 Between:   Ambadipudi Nagaratnamma ….. APPELLANT AND To whom so ever it may concern ….RESPONDENT     The Court … Continue reading

contempt of court =Mr. K.K. Venugopal, learned counsel for the applicant, submitted that an apology has been given by the contemnors pursuant to the orders passed by this Court in Criminal Appeal No.968 of 2009 (arising out of S.L.P. (Crl.) No.5593 of 2006) and this apology is in force. He further submitted that the facts stated in the Contempt Petition would show that the contemnors are repeatedly intimidating the 9 applicant and his family members and for this reason the applicant has made a prayer to the Court to pass an order commanding the contemnors not to enter within 100 metres of the premises of Santosh Medical College and its administrative block, hospital, hostel and the residence of the applicant.=We cannot possibly direct the contemnors not to go to any public place such as the public road, bank, shopping complex but considering all aspects of the matter, we direct that the two contemnors will not enter into the premises of Santosh Medical College, its 10 administrative block, its hospital, its hostel and the residence of the applicant. The Contempt Petition is disposed of accordingly.

1 Reportable IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION CONTEMPT PETITION (CRL.) No.7 of 2010 (In Criminal Appeal No.2323 of 2011 (Arising out of Special Leave Petition (Crl.) No. 666 of 2010) P. Mahalingam …… Applicant Versus Monica Kumar & Anr. …… Respondents WITH CRIMINAL APPEAL NO.2323 OF 2011 (Arising out of Special … Continue reading

majority of the States have not fully implemented the scheme regulating issuance and fixation of High Security Registration Plates (HSRP). From the affidavits filed on behalf of the respective

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION IA NOS. 10, 16, 17 AND 18 IN WRIT PETITION (CIVIL) NO.510 OF 2005 Maninderjit Singh Bitta … Petitioner Versus Union of India & Ors. … Respondents O R D E R 1. This order is in continuation of the orders dated 30th August, 2011 … Continue reading

what is the arbitration agreement ? = the pre-requisites of a valid and binding arbitration agreement leading to an appropriate reference under the Act. Section 2(1)(b) defines `arbitration agreement’ to be an agreement referred to in Section 7. Section 7 of the Act states that an `arbitration agreement’ is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. The arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement and shall be an agreement in writing. An arbitration agreement is in writing if it is contained in any of the clauses i.e. clauses (a) to (c) of Sub-section (4) of Section 7 of the Act. Once these ingredients are satisfied, there would be a binding arbitration agreement between the parties and the aggrieved party would be in a capacity to invoke the jurisdiction of this Court under Section 11(6) of the Act.

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ARBITRATION PETITION (CIVIL) NO. 5 OF 2010 Powertech World Wide Limited … Petitioner Versus Delvin International General Trading LLC … Respondent O R D E R Swatanter Kumar, J. 1. M/s. Powertech World Wide Limited, the petitioner, is a limited company registered under the Companies Act, … Continue reading

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