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Category: Supreme Court of India Judgment or Order or Notification

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019

Posted on July 28, 2022 by ShadesOfKnife

A constitution bench of Apex Court held as follows:

From Para 59,

59. Reading of the aforesaid judicial precedents, in our opinion, would indicate that personal records, including name, address, physical, mental and psychological status, marks obtained, grades and answer sheets, are all treated as personal information. Similarly, professional records, including qualification, performance, evaluation reports, ACRs, disciplinary proceedings, etc. are all personal information. Medical records, treatment, choice of
medicine, list of hospitals and doctors visited, findings recorded, including that of the family members, information relating to assets, liabilities, income tax returns, details of investments, lending and borrowing, etc. are personal information. Such personal information is entitled to protection from unwarranted invasion of privacy and conditional access is available when stipulation of larger public interest is satisfied. This list is indicative and not exhaustive.

CPIO SCI Vs Subhash Chandra Agarwal on 13 Nov 2019 Para 59

Citations : [2019 SCC ONLINE SC 1459]

Other Sources :

https://indiankanoon.org/doc/101637927/

https://www.casemine.com/judgement/in/5dcc51443321bc4f5eaf25b5

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 5-Judge Constitutional Bench Decision Catena of Landmark Judgments Referred/Cited to CPIO SCI Vs Subhash Chandra Agarwal Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order Right to Information | Leave a comment

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Posted on July 24, 2022 by ShadesOfKnife

A division bench of Supreme Court held as follows,

From Para 15,

15. Before discussing the fact proposition, we would notice the principle of law as laid down by this Court. It is settled law that non-entertainment of petitions under writ jurisdiction by the High Court when an efficacious alternative remedy is available is a rule of self-imposed limitation. It is essentially a rule of policy, convenience and discretion rather than a rule of law. Undoubtedly, it is within the discretion of the High Court to grant relief under Article 226 despite the existence of an alternative remedy. However, the High Court must not interfere if there is an adequate efficacious alternative remedy available to the petitioner and he has approached the High Court without availing the same unless he has made out an exceptional case warranting such interference or there exist sufficient grounds to invoke the extraordinary jurisdiction under Article 226. (See: State of U.P. vs. Mohammad Nooh, AIR 1958 SC 86; Titaghur Paper Mills Co. Ltd. vs. State of Orissa, (1983) 2 SCC 433; Harbanslal Sahnia vs. Indian Oil Corpn.
Ltd., (2003) 2 SCC 107; State of H.P. vs. Gujarat Ambuja Cement Ltd., (2005) 6 SCC 499).
16. The Constitution Benches of this Court in K.S. Rashid and Sons vs. Income Tax Investigation Commission, AIR 1954 SC 207; Sangram Singh vs. Election Tribunal, Kotah, AIR 1955 SC 425; Union of India vs. T.R. Varma, AIR 1957 SC 882; State of U.P. vs. Mohd. Nooh, AIR 1958 SC 86 and K.S. Venkataraman and Co. (P) Ltd. vs. State of Madras, AIR 1966 SC 1089 have held that though Article 226 confers a very wide powers in the matter of issuing writs on the High Court, the remedy of writ absolutely discretionary in character. If the High Court is satisfied that the aggrieved party can have an adequate or suitable relief elsewhere, it can refuse to exercise its jurisdiction. The Court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or procedure required for decision has not been adopted.
(See: N.T. Veluswami Thevar vs. G. Raja Nainar, AIR 1959 SC 422; Municipal Council, Khurai vs. Kamal Kumar, (1965) 2 SCR 653; Siliguri Municipality vs. Amalendu Das, (1984) 2 SCC 436; S.T. Muthusami vs. K. Natarajan, (1988) 1 SCC 572; Rajasthan SRTC vs. Krishna Kant, (1995) 5 SCC 75; Kerala SEB vs. Kurien E. Kalathil, (2000) 6 SCC 293; A. Venkatasubbiah Naidu vs. S. Chellappan, (2000) 7 SCC 695; L.L. Sudhakar Reddy vs. State of A.P., (2001) 6 SCC 634; Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha vs. State of Maharashtra, (2001) 8 SCC 509; Pratap Singh vs. State of Haryana, (2002) 7 SCC 484 and GKN Driveshafts (India) Ltd. vs. ITO, (2003) 1 SCC 72).

From Para 19,

19. Thus, while it can be said that this Court has recognized some exceptions to the rule of alternative remedy, i.e., where the statutory authority has not acted in accordance with the provisions of the enactment in question, or in defiance of the fundamental principles of judicial procedure, or has resorted to invoke the provisions which are repealed, or when an order has been passed in total violation of the principles of natural justice, the proposition laid down in Thansingh Nathmal case, Titagarh Paper Mills case and other similar judgments that the High Court will not entertain a petition under Article 226 of the Constitution if an effective alternative remedy is available to the aggrieved person or the statute under which the action complained of has been taken itself contains a mechanism for redressal of grievance still holds the field. Therefore, when a statutory forum is created by law for redressal of grievances, a writ petition should not be entertained ignoring the statutory dispensation.

Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal on 8 Aug 2013

Citations : [2013 AD SC 8 620], [2013 CTR SC 261 113], [2013 ITR SC 357], [2013 JLJR 4 35], [2013 JT SC 11 387], [2013 PLJR 4 179], [2013 SCALE 10 326], [2014 SCC 1 603], [2013 TAXMAN SC 217 143], [2013 SCC ONLINE SC 717], [2013 TAXMANNCOM SC 36]

Other Sources :

https://indiankanoon.org/doc/51987756/

https://www.casemine.com/judgement/in/5609af2ce4b0149711415ba2

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Commissioner of Income Tax and Ors Vs Chhabil Dass Agarwal Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Reportable Judgement or Order | Leave a comment

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998

Posted on July 23, 2022 by ShadesOfKnife

Landmark judgment from a division bench of the Apex Court.

From Paras 14 and 15,

14. The power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provision of the Constitution. This power can be exercised by the High Court not only for issuing writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of any of the Fundamental Rights contained in Part III of the Constitution but also for “any other purpose”.
15. Under Article 226 of the Constitution, the High Court, having regard to the facts of the case, has a discretion to entertain or not to entertain a writ petition. But the High Court has imposed upon itself certain restrictions one of which is that if an effective and efficacious remedy is available, the High Court would not normally exercise its jurisdiction. But the alternative remedy has been consistently held by this Court not to operate as a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the Fundamental Rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an Act is challenged. There is a plethora of case- law on this point but to cut down this circle of forensic whirlpool, we would rely on some old decisions of the evolutionary era of the constitutional law as they still hold the field.

Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors on 26 Oct 1998 (CM Ver)

Citations : [1998 SCC 8 1], [1999 AIR SC 22], [1998 AIR SC 3345], [1999 BOMCR SC 2 70], [1998 JT 7 243], [1998 SCALE 5 655], [1998 SUPREME 8 176], [1998 AIR SCW 3345]

Other Sources :

https://www.casemine.com/judgement/in/575fd361607dba63d7e6e044

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Not Authentic copy hence to be replaced Reportable Judgement or Order Whirlpool Corporation Vs Registrar of Trade Marks Mumbai and Ors | Leave a comment

UOI and Ors Vs Tantia Construction Pvt Ltd on 18 Apr 2011

Posted on July 23, 2022 by ShadesOfKnife

A division bench held that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable.

From Paras 27 and 28,

27. Apart from the above, even on the question of maintainability of the writ petition on account of the Arbitration Clause included in the agreement between the parties, it is now well-established that an alternative remedy is not an absolute bar to the invocation of the writ jurisdiction of the High Court or the Supreme Court and that without exhausting such alternative remedy, a writ petition would not be maintainable. The various decisions cited by Mr. Chakraborty would clearly indicate that the constitutional powers vested in the High Court or the Supreme Court cannot be fettered by any alternative remedy available to the authorities. Injustice, whenever and wherever it takes place, has to be struck down as an anathema to the rule of law and the provisions of the Constitution. We endorse the view of the High Court that notwithstanding the provisions relating to the Arbitration Clause contained in the agreement, the High Court was fully within its competence to entertain and dispose of the Writ Petition filed on behalf of the Respondent Company.
28. We, therefore, see no reason to interfere with the views expressed by the High Court on the maintainability of the Writ Petition and also on its merits. The Special Leave Petition is, accordingly, dismissed, but without any order as to costs.

UOI and Ors Vs Tantia Construction Pvt Ltd on 18 Apr 2011

Citations : [2011 SCC 5 697], [2011 AIOL 293], [2011 SUPREME 3 294], [2011 SCALE 4 745], [2011 RCR CIVIL SC 3 821], [2011 SCC CIV 3 117], [2011 LW 3 691], [2011 ARBLR SC 2 115], [2012 PLJR 1 455], [2011 JCR SC 3 8], [2011 UJ 4 2210], [2011 KLJ 2 15], [2011 AWC SC 5 4568], [2011 SCR 5 397], [2011 JT SC 5 59]

Other Sources :

https://indiankanoon.org/doc/609434/

https://www.casemine.com/judgement/in/5609aeffe4b01497114154a4

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Catena of Landmark Judgments Referred/Cited to Reportable Judgement or Order UOI and Ors Vs Tantia Construction Pvt Ltd | Leave a comment

MS Radha Krishan Industries Vs State of Himachal Pradesh on 20 Apr 2021

Posted on July 22, 2022 by ShadesOfKnife

A division bench of Apex Court held the following principles in regards to approaching a High Court under Article 226 of the Constitution.

From Para 27,

27 The principles of law which emerge are that :
(i) The power under Article 226 of the Constitution to issue writs can be exercised not only for the enforcement of fundamental rights, but for any other purpose as well;
(ii) The High Court has the discretion not to entertain a writ petition. One of the restrictions placed on the power of the High Court is where an effective alternate remedy is available to the aggrieved person;
(iii) Exceptions to the rule of alternate remedy arise where (a) the writ petition has been filed for the enforcement of a fundamental right protected by Part III of the Constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged;
(iv) An alternate remedy by itself does not divest the High Court of its powers under Article 226 of the Constitution in an appropriate case though ordinarily, a writ petition should not be entertained when an efficacious alternate remedy is provided by law;
(v) When a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory remedy before invoking the discretionary remedy under Article 226 of the Constitution. This rule of exhaustion of statutory remedies is a rule of policy, convenience and discretion; and
(vi) In cases where there are disputed questions of fact, the High Court may decide to decline jurisdiction in a writ petition. However, if the High Court is objectively of the view that the nature of the controversy requires the exercise of its writ jurisdiction, such a view would not readily be interfered with.

MS Radha Krishan Industries Vs State of Himachal Pradesh on 20 Apr 2021

Citations : [2021 SCC ONLINE SC 334]

Other Sources :

https://indiankanoon.org/doc/62362537/

https://www.casemine.com/judgement/in/60806fd6125abdf1726ab6fb

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Article 226 - No need to Exhaust the other remedies at Lower Courts in Exceptional Cases Article 226 - Power of High Courts to issue certain writs Legal Procedure Explained - Interpretation of Statutes MS Radha Krishan Industries Vs State of Himachal Pradesh PIL - Dowry Givers should be Prosecuted Reportable Judgement or Order | Leave a comment

Hrishikesh Sahoo Vs State of Karnataka and Ors

Posted on July 20, 2022 by ShadesOfKnife

 

2022-07-19

From Para 4,

4. Until further orders, there shall be an ad-interim stay of the common impugned judgment and final order dated 23rd March, 2022 passed by the High Court of Karnataka in Writ Petitions No.48367/2018 and 50089/2018 and further proceedings in relation to Special C.C. No. 356 of 2017 arising out of FIR bearing Crime No. 19/2017, pending before the Additional City and Sessions and Special Court for cases under the POCSO Act, Bangalore.

Hrishikesh Sahoo Vs State of Karnataka and Ors on 19 Jul 2022

The Karnataka HC decision is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Hrishikesh Sahoo Vs State of Karnataka and Ors IPC 375 - Rape IPC 376 - Punishment for rape Marital Rape Work-In-Progress Article | Leave a comment

Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

Posted on July 12, 2022 by ShadesOfKnife

A division bench of Apex Court passed the following guidelines with respect to Arrest and Bails

From Para 24,

24.Section 41A deals with the procedure for appearance before the police officer who is required to issue a notice to the person against whom a reasonable complaint has been made, or credible information has been received or a reasonable suspicion exists that he has committed a cognizable offence, and arrest is not required under Section 41(1). Section 41B deals with the procedure of arrest along with mandatory duty on the part of the officer.
25.On the scope and objective of Section 41 and 41A, it is obvious that they are facets of Article 21 of the Constitution. We need not elaborate any further, in light of the judgment of this Court in Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273:
26.We only reiterate that the directions aforesaid ought to be complied with in letter and spirit by the investigating and prosecuting agencies, while the view expressed by us on the non-compliance of Section 41 and the consequences that flow from it has to be kept in mind by the Court, which is expected to be reflected in the orders.
27.Despite the dictum of this Court in Arnesh Kumar (supra), no concrete step has been taken to comply with the mandate of Section 41A of the Code. This Court has clearly interpreted Section 41(1)(b)(i) and (ii) inter alia holding that notwithstanding the existence of a reason to believe qua a police officer, the satisfaction for the need to arrest shall also be present. Thus, sub-clause (1)(b)(i) of Section 41 has to be read along with sub-clause (ii) and therefore both the elements of ‘reason to believe’ and ‘satisfaction qua an arrest’ are mandated and accordingly are to be recorded by the police officer.
28.It is also brought to our notice that there are no specific guidelines with respect to the mandatory compliance of Section 41A of the Code. An endeavour was made by the Delhi High Court while deciding Writ Petition (C) No. 7608 of 2017 vide order dated 07.02.2018, followed by order dated 28.10.2021 in Contempt Case (C) No. 480 of 2020 & CM Application No.25054 of 2020, wherein not only the need for guidelines but also the effect of non-compliance towards taking action against the officers concerned was discussed. We also take note of the fact that a standing order has been passed by the Delhi Police viz., Standing Order No. 109 of 2020, which provides for a set of guidelines in the form of procedure for issuance of notices or orders by the police officers. Considering the aforesaid action taken, in due compliance with the order passed by the Delhi High Court in Writ Petition (C) No.7608 of 2017 dated 07.02.2018, this Court has also passed an order in Writ Petition (Crl.) 420 of 2021 dated 10.05.2021 directing the State of Bihar to look into the said aspect of an appropriate modification to give effect to the mandate of Section 41A. A recent judgment has also been rendered on the same lines by the High Court of Jharkhand in Cr.M.P. No. 1291 of 2021 dated 16.06.2022.
29.Thus, we deem it appropriate to direct all the State Governments and the Union Territories to facilitate standing orders while taking note of the standing order issued by the Delhi Police i.e., Standing Order No. 109 of 2020, to comply with the mandate of Section 41A. We do feel that this would certainly take care of not only the unwarranted arrests, but also the clogging of bail applications before various Courts as they may not even be required for the offences up to seven years.

30.We also expect the courts to come down heavily on the officers effecting arrest without due compliance of Section 41 and Section 41A. We express our hope that the Investigating Agencies would keep in mind the law laid down in Arnesh Kumar (Supra), the discretion to be exercised on the touchstone of presumption of innocence, and the safeguards provided under Section 41, since an arrest is not mandatory. If discretion is exercised to effect such an arrest, there shall be procedural compliance. Our view is also reflected by the interpretation of the specific provision under Section 60A of the Code which warrants the officer concerned to make the arrest strictly in accordance with the Code.

Satender Kumar Antil Vs CBI and Anr on 11 Jul 2022

Citations :

Other Sources :


There is another Order passed earlier in this very same case with respect to NBW recall here.


Index of Bail Judgments is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 41A - Notice of appearance before police officer Issue of Non-Bailable Warrant Issued or Recommended Guidelines or Directions or Protocols to be followed Landmark Case Legal Procedure Explained - Interpretation of Statutes Misuse or Violation of CrPC 41A per Guidelines in Arnesh Kumar Judgment Reportable Judgement or Order Satender Kumar Antil Vs CBI and Anr | Leave a comment

Vishnu Kumar Tiwari Vs State of Uttar Pradesh on 09 Jul 2019

Posted on June 27, 2022 by ShadesOfKnife

A division bench of the Apex Court held as follows:

From Paras 41 and 42,

41. In the facts of this case, having regard to the nature of the allegations contained in the protest petition and the annexures which essentially consisted of affidavits, if the Magistrate was convinced on the basis of the consideration of the final report, the statements under Section 161 of the Code that no prima facie case is made out, certainly the Magistrate could not be compelled to take cognizance by treating the protest petition as a complaint. The fact that he may have jurisdiction in a case to treat the protest petition as a complaint, is a different matter. Undoubtedly, if he treats the protest petition as a complaint, he would have to follow the procedure prescribed under Section 200 and 202 of the Code if the latter Section also commends itself to the Magistrate. In other words, necessarily, the complainant and his witnesses would have to be examined. No doubt, depending upon the material which is made available to a Magistrate by the complainant in the protest petition, it may be capable of being relied on in a particular case having regard to its inherent nature and impact on the conclusions in the final report. That is, if the material is such that it persuades the court to disagree with the conclusions arrived at by the Investigating Officer, cognizance could be taken under Section 190(1)(b) of the Code for which there is no necessity to examine the witnesses under Section 200 of the Code. But as the Magistrate could not be compelled to treat the protest petition as a complaint, the remedy of the complainant would be to file a fresh complaint and invite the Magistrate to follow the procedure under Section 200 of the Code or Section 200 read with Section 202 of the Code. Therefore, we are of the view that in the facts of this case, we cannot support the decision of the High Court.
42. It is true that law mandates notice to the informant/complainant where the Magistrate contemplates accepting the final report. On receipt of notice, the informant may address the court ventilating his objections to the final report. This he usually does in the form of the protest petition.

From Para 45,

45. If a protest petition fulfills the requirements of a complaint, the Magistrate may treat the protest petition as a complaint and deal with the same as required under Section 200 read with Section 202 of the Code. In this case, in fact, there is no list of witnesses as such in the protest petition. The prayer in the protest petition is to set aside the final report and to allow the application against the final report. While we are not suggesting that the form must entirely be decisive of the question whether it amounts to a complaint or liable to be treated as a complaint, we would think that essentially, the protest petition in this case, is summing up of the objections the second respondent against the final report.

Vishnu Kumar Tiwari Vs State of Uttar Pradesh on 09 Jul 2019

Citations :

Other Sources :

https://indiankanoon.org/doc/80081494/

https://www.lawyerservices.in/Vishnu-Kumar-Tiwari-Versus-State-of-Uttar-Pradesh-and-Others-2019-07-09

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Landmark Case Legal Procedure Explained - Interpretation of Statutes Private Complaint After Dismissal of Protest Petition Reportable Judgement or Order Vishnu Kumar Tiwari Vs State of Uttar Pradesh | Leave a comment

Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020

Posted on June 26, 2022 by ShadesOfKnife

Supreme Court , based on Madras HC Advocates Association decision here, initiated Perjury proceedings.

5.3 We do not wish to comment in detail upon the intention behind making the aforesaid interpolations. At this juncture, all that is required to be assessed is whether a prima facie case is made out that there is a reasonable likelihood that the offence specified in Section 340 read with Section 195(1)(b) of the CrPC has been committed, and it is expedient in the interest of justice to take action. From the above discussion, it is evident that the handwritten modification made by the Petitioner in Column 12 of the balance sheet dated 19.09.2008 is a significant alteration from the terms as used in the original document. Hence we find that a prima facie case is made out that the Petitioner has fabricated evidence for the purpose of the SLP proceedings before this Court.
We further find that prima facie case is also made out against Mr. R.K. Agarwal, for having sworn in his affidavit before this Court as to the veracity of the facts stated and documents filed in SLP (Civil) No. 3309/2018, even though he had relied upon the original auditor’s report, which did not contain any handwritten interpolation, in his evidence before the Trial Court.

Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors on 03 Mar 2020
Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ms New Era Fabrics Ltd Vs Bhanumati Keshrichand Jhaveri and Ors Non-Reportable Judgement or Order Perjury Under Section 340 CrPC | Leave a comment

Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001

Posted on June 26, 2022 by ShadesOfKnife

A full bench of Apex Court passed scathing remarks regards litigants who lie with impunity in their affidavits filed into the Court.

This case is also called as Re: Suo Moto Proceedings Against MR. R, KARUPPAN, ADVOCATE Vs Unknown.


From Para 15,

15. Court are entrusted with the powers of dispensation and adjudication of justice of the rival claims of the parties besides determining the criminal liability of the offenders for offences committed against the society. The courts are further expected to do justice quickly and impartially not being biased by any extraneous considerations. Justice dispensation system would be wrecked if statutory restrictions are not imposed upon the litigants, who attempt to mislead the court by filing and relying upon the false evidence particularly in cases, the adjudication of which is depended upon the statement of facts. if the result of the proceedings are to be respected, these issues before the courts must be resolved to the extent possible in accordance with the truth. The purity of proceedings of the court cannot be permitted to be sullied by a party on frivolous, vexatious or insufficient grounds or relying upon false evidence inspired by extraneous considerations or revengeful desire to harass or spite his opponent. Sanctity of the affidavits has to be preserved and protected discouraging the filing of irresponsible statements, without any regard to accuracy.

17. In India, law relating to the offence of perjury is given a statutory definition under Section 191 and Chapter XI of the Indian Penal Code, incorporated to deal with the offences relating to giving false evidence against public justice. The offences incorporated under this Chapter are based upon recognition of the decline of moral values and erosion of sanctity of oath. Unscrupulous litigants are found daily resorting to utter blatant falsehood in the courts which has, to some extent, resulted in polluting the judicial system. It is a fact, though unfortunate, that a general impression is created that most of the witnesses coming in the courts despite taking oath make false statements to suit the interests of the parties calling them. Effective and stern action is required to be taken for preventing the evil of perjury, concededly let lose by vested interest and professional litigants. The mere existence of the penal provisions to deal with perjury would be a cruel joke with the society unless the courts stop to take an evasive recourse despite proof of the commission of the offence under Chapter XI of the Indian Penal Code. If the system is to service, effective action is the need of the time. The present case is no exception to the general practice being followed by many of the litigants in the country.

18. Keeping in view the facts and circumstances of this case, the record of proceedings in Suo Motu Contempt Petition (Criminal) No.5 of 2000 and Writ Petition No.77 of 2001, we are prima facie satisfied that the respondent herein, in his affidavit filed in support of the writ petition (for the purposes of being used in the judicial proceedings, i.e. writ petition), has wrongly made a statement that the age of Dr. Justice A.S. Anand has not been determined by the President of India in terms of-Article 217 of the constitution. We are satisfied that such a statement supported by an affricative of the respondent was known to him to be false which he believed to be false and/or atleast did not believe to be true. It is not disputed that an affidavit is evidence within the meaning of Section 191 of the Indian Penal Code and a person swearing to a false affidavit is guilty of perjury punishable under Section 193 IPC. The respondent herein, being legally bound by an oath to state the truth in his affidavit accompanying the petition is prima facie held to have made a false statement which constitutes an offence of giving false evidence as defined under Section 191 IPC, punishable under Section 193 IPC.

19. With the object of eradicating the evil of perjury, we empower the Registrar General of this Court to depute an officer of the rank of Deputy Registrar or above of the Court to file a complaint under Section 193 of the Indian Penal Code against the respondent herein, before a Magistrate of competent jurisdiction at Delhi. Such officer is directed to file such complaint and take all steps necessary for prosecuting the complaint.

Madras High Court Advocates Association Vs Dr.A.S.Anand, Honble The C.J.I. on 12 May 2001

Citations : [2001 OLR 2 188], [2001 SCC 5 289], [2001 SCALE 4 199], [2001 SUPREME 4 108], [2001 JT SUPP 1 332], [2001 CGLJ 2 499], [2001 CRLJ SC 2611], [2001 SCR 3 750], [2001 AIR SC 2204], [2001 LW 3 61], [2001 SCC CRI 876], [2001 AIR SCW 2104]

Other Sources :

https://indiankanoon.org/doc/1356442/

https://www.casemine.com/judgement/in/5609ad9be4b0149711411d8a

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Legal Procedure Explained - Interpretation of Statutes Madras High Court Advocates Association Vs Dr.A.S.Anand Honble The C.J.I. Perjury - No need to await Perverse Judicial Order Reportable Judgement or Order | Leave a comment

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kanekoathegreat KanekoaTheGreat @kanekoathegreat ·
2 Aug

RFK Jr. blasts CNN's Dana Bash over COVID:

BASH: "You're the HHS security and you're leading to vaccine hesitancy."

KENNEDY: "Do you see your job as ending vaccine hesitancy or telling the truth?"

BASH: "The truth is that there is study after study."

KENNEDY: "You're

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capitallens_ Pratham @capitallens_ ·
3 Aug

Reality Check 🤐

A men tested 1 batch of Everest Garam Masala in lab costing ₹28,000.

After testing, the results that came will shock you:

Azoxystrobin (Pesticide used in Masala):

Limit~ 0.1 mg/kg
Actual~ 0.200 mg/kg
Difference~ 2x

Means according to FSSAI standards limits

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sailu_jsp Sailu🦚 @sailu_jsp ·
3 Aug

అదే Kalyan గారు అధికారంలోకి వచ్చిన 24 నెలలలో ఈ కళాకారుల కోసం ప్రత్యేకంగా "WoodBanks" ఏర్పాటుచేశారు👏🏻🙏🏻

"మీ దయ వలన అంకుడు కర్రకు ఐతే ఎటువంటి ఇబ్బంది లేకుండా అయ్యింది Sir '"🙏🏻😊

:- AP హస్తకళా ప్రదర్శన మహోత్సవంలో

మన Hon'ble @APDeputyCMO శ్రీ @PawanKalyan గారితో కళాకారులు ❣️

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