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Tuesday, May 8, 2018

we hold that the rights under the amendment are applicable to living daughters of living coparceners as on 9th September, 2005 irrespective of when such daughters are born……” (emphasis supplied by us) It is pertinent to note here that recently, this Court in Danamma @ Suman Surpur & Anr. Vs. Amar & Ors, 2018 (1) Scale 657 dealt, inter-alia, with the dispute of daughter’s right in the ancestral property. In the above case, father of the daughter died in 2001, yet court permitted the daughter to claim the right in ancestral property in view of the amendment in 2005. On a perusal of the judgment and after having regard to the peculiar facts of the Danamma (supra), it is evident that the Division Bench of this Court primarily did not deal with the issue of death of the father rather it was mainly related to the question of law whether daughter who born prior to 2005 amendment would be entitled to claim a share in ancestral property or not? In such circumstances, in our view, Prakash & Ors. (supra), would still hold precedent on the issue of death of coparcener for the purpose of right of daughter in ancestral property. Shortly put, only living daughters of living 9 coparceners would be entitled to claim a share in the ancestral property. 11) Hence, without touching any other aspect in the present case, we are of the view that the appellants were not the coparceners in the Hindu Joint Family Property in view of the 1989 amendment, hence, they had not been entitled to claim partition and separate possession at the very first instance. At the most, they could claim maintenance and marriage expenses if situation warranted.

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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 1933 OF 2009  Mangammal @ Thulasi and Anr. ….App...

“The prosecution for perjury should be sanctioned by courts only in those cases where the perjury appears to be deliberate and conscious and the conviction is reasonably probable or likely. =The mere fact that a person has made a contradictory statement in a judicial proceeding is not by itself always sufficient to justify a prosecution under Sections 199 and 200 of the Penal Code, 1860 (45 of 1860) (hereinafter referred to as “IPC”); but it must be shown that the defendant has intentionally given a false statement at any stage of the judicial proceedings or fabricated false evidence for the purpose of using the same at any stage of the judicial proceedings. Even after the above position has emerged also, still the court has to form an opinion that it is expedient in the interests of justice to initiate an inquiry into the offences of false evidence and offences against public justice and more specifically referred to in Section 340(1) CrPC, having regard to the overall factual matrix as well as the probable consequences of such a prosecution. (See K.T.M.S. Mohd. v. Union of India). The 4 (2017) 1 SCC 113 8 court must be satisfied that such an inquiry is required in the interests of justice and appropriate in the facts of the case.” 14. We are of the considered view that initiation of proceedings in the present case was not consistent with the parameters laid down by this Court. The election petition itself has been dismissed and considering the entirety of the matter, it would not be expedient to initiate proceedings under Section 340 Cr.P.C. read with Section 195(1)(b)(i) of Cr.P.C. We, therefore, accept the appeal and close the proceedings. The appeal stands allowed and the judgment and order under appeal is set aside.

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1 Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 649 OF 2018 (Arising out of S.L.P. ...

truck was running ahead of the maruti car and at the time of accident, the distance between the truck and maruti car was only 10 ­15 feet. = Regulation 23 of the Rules of the Road Regulations, 1989 - “23. Distance from vehicles in front.­ The driver of a motor vehicle moving behind another vehicle shall keep at a sufficient distance from that other vehicle to avoid collision if the vehicle in front should suddenly slow down or stop.” The expression ‘sufficient distance’ has not been defined in the Regulations or elsewhere. The thumb rule of sufficient distance is at least a safe distance of two to three seconds gap in ideal conditions to avert collision and to allow the following driver time to respond. The distance of 10–15 feet between the truck and maruti car was certainly not a safe distance for which the driver of the maruti car must take the blame=whether the Tribunal should have at least answered the issue of contributory negligence of the truck driver in favour of the appellants (claimants). The question of contributory negligence would arise when both parties are involved in the accident due to rash and negligent driving. In a case such as the present one, when the maruti car was following the truck and no fault can be attributed to 13 the truck driver, the blame must rest on the driver of the maruti car for having driven his vehicle rashly and negligently= It is a well settled position that fastening liability under Section 140 of the Act on the owner of the vehicle is regardless of the fact that the subject vehicle was not driven rashly and negligently. We may usefully refer to the decisions in Indra Devi and others Vs. Bagada Ram and another1 and 1 (2010) 13 SCC 249 14 Eshwarappa alias Maheshwarappa and Another Vs. C.S. Gurushanthappa and Another2 , which are directly on the point. Accordingly, even though the appeal fails insofar as claim petition under Section 166 of the Act, for the appellants having failed to substantiate the factum of rash and negligent driving by the driver of the subject truck, the appellants must succeed in this appeal to the limited extent of relief under Section 140 of the Act. We have no hesitation in moulding the relief on that basis. For the reasons mentioned above, this appeal is partly allowed. The appellants are granted limited relief under Section 140 of the Act. The respondent Nos.2 and 3 are made jointly and severally liable to pay a sum of Rs.50,000/­ (Rupees Fifty Thousand Only) to the appellants towards compensation under Section 140 of the Act, on account of the death of Balvinder Kaur in the accident

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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 10145 OF  2016 NISHAN SINGH & ORS.      …...

where the accident occurs without any fault of the owner of the vehicle or the fault of the other vehicle, the liability to pay compensation, at best, must be determined in terms of Section 140 of the Act as has been held in A. Sridhar (supra). It is true that the High Court in the present case has overturned the finding recorded by the Tribunal that the motorcycle was driven by appellant No.2 at the relevant time when the accident occurred and, instead, concluded that the motorcycle was, in fact, driven by deceased Krishna Kumar. In that sense, the accident occurred neither due to the fault of the owner of the vehicle (appellant No.1) who, admittedly, was not present 9 or travelling on the motorcycle at the relevant time nor due to the fault of any other vehicle. However, on a deeper scrutiny of the materials on record, we are of the opinion that the High Court committed manifest error, an error apparent on the face of the record, in reversing the finding recorded by the Tribunal that the motorcycle was being driven by appellant No.2 (son of appellant No.1 – owner of the motorcycle) and had caused accident due to rash and negligent driving

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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8411 OF  2015 MOHAR SAI AND ANR.      …..Appe...

the offence has committed by the Advocates, this Court considers it necessary to issue certain directions because the offence in this case was committed in a court room while Presiding Officer was sitting and that too by Advocates, who are also the part of the system. No one can be permitted to pollute the pious stream of justice delivery system. = “(i) It is prayed to include section 307 of IPC on the charge sheet submitted in Crime No. 419 of 2010, police station Wazirganj, Lucknow. (ii) It is prayed to impose other relevant sections of IPC or other Acts against accuseds in crime no. 419/2010, police station Wazirganj, LKO that Lordship deems fit, just and proper for assaulting in Judicial Custody even after Hon'ble High Court Security Instructions. (iii) It is prayed to frame proper charges against Jameeruddin Siddiqui (exADJ). (iv) It is prayed to take cognizance against the concerned Emergency Medical Officer of Adarsh Karavas on 24/06/2010. (v) It is prayed to regard para 8 of Counter Affidavit as a key to discover all the accused. (vi) It is prayed to grant reasonable time for the completion of Investigation as Lordship deems, just, fit and proper. (vii) It is prayed to pass any other order in favour of the petitioners.”

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1 NON­REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL  APPEAL NO.  648  OF  2018 (Arising out of SLP...