.....that the accused has committed the offence, followed by the nature and gravity of the charge and severity of the punishment. certain important factors relating to prima facie involvement of the accused have to be considered, though no detailed discussion regarding merits of the case is required. where a court considering an application for bail fails to consider the relevant factors, an appellate court may justifiably set aside the order. bail orders either granting or refusing cannot be passed in a mechanical manner or by a cryptic order, without considering the material aspects of the case. court is duty bound to give reasons for granting or denying bail, especially in cases involving serious offences.13. i have perused the order passed by the special court rejecting the petition seeking bail filed under section 439 of cr.p.c. the impugned order falls 8 short of such reasoning for dismissing the bail petition. the learned special judge has not adverted to the various contentions stated to have been raised by the appellants counsel, except stating that accused are alleged to have committed a brutal murder of deceased and a prima facie case is made out against the accused.....
Tag this Judgment! Ask ChatGPT.....relating to the ownership of site no.29/30. in the meanwhile, the petitioners/government without examining the materials and appreciating the facts, passed the order under rule 14a of the karnataka civil services (classification, control and appeal), rules, 1957 (for short 'kcs (cca) rules'), entrusting lokayuktha authorities to initiate enquiry against respondent no.1. subsequently, articles of charges were issued by respondent no.4 against respondent no.1. the respondent no.1 challenging the correctness and legality of the said order, filed an application before the tribunal. the tribunal after considering the reply of respondent no.1 and other documents, allowed the said application and set aside the impugned articles of charge bearing no.lok/de/877/2017/are-8 dated 22.07.2017. aggrieved by the impugned order, the state has preferred this petition. 54. we have heard smt. shilpa s.gogi, learned hcgp for petitioners/state and sri. vijaya kumar, learned counsel for caveator/respondent no.1 and perused the records.5. the records disclose that soon after complaint was lodged with the bbmp, respondent no.1 had initiated the action to demolish the compound wall which was built.....
Tag this Judgment! Ask ChatGPT.....hcgp appearing for the state. perused the judgment of conviction rendered by the trial court in s.c.no.22/2015, 61/15, 36/16 dated 11.07.2017.3. the factual matrix of the appeal are as under:- it is transpired from the case of the prosecution that on 11.11.2014 one chikkanarayanappa has lodged the complaint against the accused by approaching the shidlaghatta rural police alleging that his daughter namely, lakshmidevamma @ lakshmamma was given in marriage to accused narasimhamurthy about 3 years back. during her marriage with him, her parents had given dowry in terms of cash of rs.1,00,000/-, so also gold ornaments. the couple were blessed with a female child aged about 1-1/2 years namely siri. while she was residing in her husband's house i.e., accused no.1 - narasimhamurthy along with the parents of accused no.1 who are arraigned as accused nos.2 and 3, they had 4 extended physical as well as mental harassment to her and also insisted her to bring additional dowry from her parental house. despite receipt of dowry in terms of cash and so also gold jewellery, on 10.11.2014 again accused no.1 - narasimhamurthy, as well as his parents being arraigned as accused nos.2 and 3 have sent.....
Tag this Judgment! Ask ChatGPT.....that the accused has committed the offence, followed by the nature and gravity of the charge and severity of the punishment. certain important factors relating to prima facie involvement of the accused have to be considered, though no detailed discussion regarding merits of the case is required. where a court considering an application for bail fails to consider the relevant factors, an appellate court may justifiably set aside the order. bail orders either granting or refusing cannot be passed in a mechanical manner or by a cryptic order, without considering the material aspects of the case. court is duty bound to give reasons for granting or denying bail, especially in cases involving serious offences.13. i have perused the order passed by the special court rejecting the petition seeking bail filed under section 439 of cr.p.c. the impugned order falls 8 short of such reasoning for dismissing the bail petition. the learned special judge has not adverted to the various contentions stated to have been raised by the appellants counsel, except stating that accused are alleged to have committed a brutal murder of deceased and a prima facie case is made out against the accused.....
Tag this Judgment! Ask ChatGPT.....the respondent - state and perused the impugned judgment of conviction and order of sentence rendered by the trial court in s.c.no.166/2016.3. the factual matrix of the appeal for consideration in this appeal is as under: it is transpired in the case of the prosecution that, accused nos.1, 2 and 3 had advised or given caution to deceased marappa about eve-teasing and closely moving with wife of accused no.2 namely shaheena and in this regard, some quarrel took place between accused nos.1, 2 and 3 and deceased marappa. at the time when altercation took between them, cw.4 (pw.1) - ramanjini and cw.5 (pw.4) - raja intervened and advised the 5 deceased marappa to rectify his mistake. but the deceased did not rectify his mistake and continued his habit of eve- teasing and also closely moving with the wife of accused no.2. therefore, accused nos.1, 2 and 3 decided to eliminate the deceased marappa. in order to achieve the said intention, on 07.05.2016, the accused nos.1, 2 and 3 had preserved the deadly weapon like long chopper and chilly powder packet in the auto-rickshaw of accused no.3 - mohammed navaaz @ navaaz bearing no.ka.05.ac.7964. on the same day, at around 7.30 p.m., the.....
Tag this Judgment! Ask ChatGPT.....learned addl.spp for the state and learned counsel sri. p.b umesh for the respondent/accused. perused the judgment of acquittal in s.c.no.05/2014.3. factual matrix of the appeal is as under: the deceased – mangala was wife of g.t nagaraj who is arraigned as cw-8 and she was residing with her husband at manganese road, tarimane locality of gangolli village, kundapura taluk. deceased – mangala got married with g.t.nagaraj and the said couples did not had any issues. deceased – mangala was working as a maid servant in konkani house. the accused – sathish kharvi is brother of cw.8 – g.t.nagaraj and deceased – mangala 4 becomes sister-in-law to the accused. the accused was residing nearby the deceased house. deceased – mangala had a habit of visiting house of the accused – sathish kharvi who is none other than her brother-in-law. she was frequently visiting his house and then illicit relationship was developed between them. this relationship between the accused and deceased had became very close and ultimately they developed physical contact. in the meanwhile of this kind of physical contact between the accused and deceased, marriage of accused – sathish kharvi was.....
Tag this Judgment! Ask ChatGPT.....has not filed any objection.-. 10 - 6. insurance company in both the petitions has contended that petition is not maintainable either in law or on facts and admitted the issuance of policy in respect of private bus bearing registration no.ka- 14-a-1386 and liability, if any, is subject to the terms and conditions of the policy and also contended that the driver of the bus had no valid and effective driving licence as on the date of the accident and further contended that the accident occurred solely due to the negligence on the part of the deceased himself and the compensation claimed by the claimants is highly excessive and exorbitant and sought to reject the claim petitions. further respondent no.2 has filed additional statement of objections contending that respondent nos.3 and 4 along with their daughter have filed one more claim petition in mvc no.1226/2010 before the mact, tumkur, claiming - 11 - compensation on the very same accident. therefore, sought to reject both the claim petitions.7. respondent nos.3 to 5 in mvc no.4734/2010 have contended that after the death of dr. rudraprasad, darshini has remarried dr. mallikarjuna on 24.03.2011 and the same was registered in.....
Tag this Judgment! Ask ChatGPT.....of the learned single judge and dismissed the writ petition. aggrieved by the same, the original writ petitioners are in appeal before this court.5. facts in brief are that for filling up 14 posts of classiii (junior clerk grade) by way of promotion, the university issued a 3 notification/advertisement dated 17.12.2005 inviting applications from permanent classiv employees for promotion as junior clerk in the payscale of rs.30504590. the eligibility prescribed in the aforesaid notification reads as under: “eligibility: all classiv employees, who have put in five years services and who have passed matriculation examination or equivalent will be eligible for appointment as junior clerk under 25% promotion quota. such eligible candidates will be tested in: a typing test in english/hindi for a minimum of 30 words per minutes; and after qualifying in the test. note: if an employee does not passed the typing test and is otherwise eligible for promotion he/she be promoted subject to the condition that he/she passes the typing test within two years from the date of his/her promotion failing which he/she will be reverted. provided further that for such employees, typing test.....
Tag this Judgment! Ask ChatGPT.....filed by the contesting defendant (respondent no.1 herein) is pending.3. in the given set of circumstances, we do not propose to dilate on all the factual aspects of the case as the matter is said to be pending in appeal and all the relevant aspects are required to be left open for examination by the first appellate court. the discussion herein, therefore, is confined only to the correctness and validity of the order passed by the high court in regard to the suit valuation and not beyond. thus, only a brief reference to the factual aspects, to the extent relevant for the present purpose, would suffice. 3.1. the plaintiff-appellant had filed the subject suit bearing no.427419 of 2016 in the court of senior civil judge, south west district, dwarka, new delhi for mandatory and prohibitory injunction and recovery 2 of damages. the nature of the suit is specified in the caption of the plaint that reads as under: - “suit for mandatory injunction directing the defendant no.1 to remove himself with all his stuff from one room and open space (shown as ‘a’ and ‘b’ in the map plan) and the defendant no.2 to remove himself with all his stuff from two rooms (shown as ‘c’ and.....
Tag this Judgment! Ask ChatGPT.....under sections 504 and 506 ipc to the court of judicial magistrate first class, gairsain, district chamoli.3. the relevant background aspects and factual matrix of the case are not of much complications, but the operation of law, with regard to territorial jurisdiction for the offence pertaining to section 376 ipc and segregation of charges, calls for examination in this appeal with reference to the question as to whether the said offence under section 376 ipc and the other offences under sections 504 and 506 ipc fall within the ambit of ‘one series of acts so connected together as to form the same transaction’ for the purpose of trial together in terms of section 220 of the code of criminal procedure, 1973?.3 4. the question above-mentioned carries the peculiarities of its own in the present case; and the peculiarities have got confounded with cursory disposal of revision petition by the high court with an erroneous assumption as if it were a case of challenge to the acquittal of the accused-respondent no.2. we are rather impelled to observe at the outset and with respect that, the impugned order of the high court is a cryptic one, where neither the facts nor the relevant.....
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