Court : Karnataka
..... no.1 by its letter dated 09.09.2019 in terms of 66(2) of the pmla act, 2002 for appropriate action. the ed then secured an opinion from advocate general, who opined that sanction as contemplated under section 17a of pc act would arise only when a recommendation or decision taken by such public servant in discharge of his ..... -section (1y) is of the opinion, on the basis of information or material in his possession, that the provisions of any other law for the time being in force are contravened, then the director or such other authority shall share the information with the concerned agency for necessary action.].66. annexure-n relates to the proceedings in wa ..... area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state .75. entry 2 of list 2 of the state list states thus: police (including railway and village police .....
Tag this Judgment!Court : Karnataka
..... no.1 by its letter dated 09.09.2019 in terms of 66(2) of the pmla act, 2002 for appropriate action. the ed then secured an opinion from advocate general, who opined that sanction as contemplated under section 17a of pc act would arise only when a recommendation or decision taken by such public servant in discharge of his ..... -section (1y) is of the opinion, on the basis of information or material in his possession, that the provisions of any other law for the time being in force are contravened, then the director or such other authority shall share the information with the concerned agency for necessary action.].66. annexure-n relates to the proceedings in wa ..... area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state .75. entry 2 of list 2 of the state list states thus: police (including railway and village police .....
Tag this Judgment!Court : Supreme Court of India
..... of the io otherwise corroborated that the 8 deceased fell from the train. further, the post-mortem report also stated that the deceased sustained antemortem injuries due to blunt force. hence, from the material on record, it can be concluded that the deceased was a bona fide passenger on the train in question and that he sustained grave ..... ; b. whether the incident as alleged in the claim application took place and was covered within the definition of an untoward incident under section 123(c) of the railways act; and c. whether the appellant was entitled to compensation, and what the relief should be, if any.10. the appellant (aw-1) deposed in support of the ..... india v rina devi4; b. the law laid down by this court in successive decisions has clarified the test by which the amount of compensation under the railways act must be computed, including the entitlement of the claimant in case of an increase in the permissible amount; and c. the appellant should be awarded interest as admissible .....
Tag this Judgment!Court : Karnataka
..... may be exercised, namely (i) to give effect to an order under the code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice.21. the investigation of an offence is the field exclusively reserved for the police officers, whose powers in that field are unfettered, so long as the ..... consideration the pragmatic realities and consider making necessary changes in sections 85 27 and 86 respectively of the bharatiya nyaya sanhita, 2023, before both the new provisions come into force.41. in the result, the appeal succeeds and is hereby allowed. the impugned judgment and order passed by the high court is hereby set aside. (emphasis supplied) ..... in crime no.112 of 2018 registered for offences punishable under sections 498a, 420 read with 34 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961 ( the act for short). 32. the facts, in brief, germane are as follows: the 2nd respondent is the complainant, wife of the petitioner. the two get married .....
Tag this Judgment!Court : Supreme Court of India
..... rectification or allow a bidder to quit the process without jeopardizing its right as regards a forfeiture of the bid security. in such a factual matrix, holding the appellant accountable to what is evidently an extravagant bid erroneously or mistakenly ..... twenty one thousand three hundred and fifteen only) as against evident human error, which has not been shown to even border 7 (2007) 4 scc66915 on mala fides, or knowingly done, is punitive. the enforcement of an otherwise commercially unviable ..... punishment sought to be inflicted on it for what was a bona fide human error. b) the appellant is being forced to accept an exorbitant, unrealistic and unsustainable bid of 140.10%, which the appellant never intended to make. c) ..... on 17th february, 2023. iv. the mineral auction rules, 20153, promulgated under the mines and minerals (development and regulation) act, contemplate a two-round process (i) submission of technical bids and initial price offers; and (ii) selection of technically qualified .....
Tag this Judgment!Court : Supreme Court of India
..... said sentence criminal appeal no.2842 of 2024 page 16 of 43 being imposed according to the provisions of the said code.17. after the 1986 act came into force, a series of writ petitions were moved before this court challenging its constitutional validity on ground of being violative of articles 14, 15 and 21 of ..... particularly towards her personal needs; in other words, giving access to his financial resources. such financial empowerment would place such a vulnerable wife in a more secure position in the family. those indian married men who are conscious of this aspect and who make available their financial resources for their spouse towards their personal ..... return page 50 of 53 except possibly love and affection, a sense of comfort and respect from her husband and his family which are towards her emotional security. this may also be lacking in certain households.44. while the contributions of such a homemaker get judicial recognition upon her unfortunate death while computing compensation .....
Tag this Judgment!Court : Karnataka
..... bench decision in u.m.ramesh rao vs. union bank of india10 in the light of section 31(i) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. this ruling was rendered in 10 2021 scc online kar 6203 - 32 - w.a. no.4312 of 2017 the context of the exemption that would avail to ..... from the apex court decision in state bank s staff union madras vs union of india, air2005sc3446 wherein it is observed: whenever any amendment is brought in force retrospectively or any provision of the act is deleted retrospectively, in this process rights of some are bound to be effective one way or the other... the right of the state to have ..... a uniform policy of agrarian reforms in the state. primarily, the statute enacts the principle tiller be the owner . it came into force on 2.10.1965. extensive amendment vide act 1 of 1974 w.e.f. 01.03.1974 ushered in a sea change. in principle, it provides for the conferment of ownership of land on tenants, ceiling on .....
Tag this Judgment!Court : Karnataka
..... of the pws.2 and 3 shadow and official witness is highly doubtful. there is no mention in the other records that, how these two witnesses are secured. no doubt, they are government officials. but, their evidence is full of contradictions and omissions. this piece of contrary evidence creates doubt and suspicion with regard ..... senior counsel for the appellant-sri c.h.jadhav, in addition to narrating the facts of the case, and by going through the evidence, with all force submits that, though the prosecution has examined seven witnesses but, the very ingredients of the offence so alleged against the accused are not proved. there was ..... entire trap proceeding was bristled with the suspicious circumstances and doubts, as the prosecution, before raising the presumption under section 20 of the prevention of corruption act, 1988, has miserably failed to establish the foundational facts regarding guilt of the accused by cogent evidence. whereas, the appellant-accused has rebutted such presumption by .....
Tag this Judgment!Court : Karnataka
..... subtleties invented to evade law. it is trite that fraud and justice never dwell together (fraus et jus nunquam cohabitant). fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. fraud and deception are synonymous. fraud is anathema to all equitable principles and any affair tainted ..... does not debar her to lodge a criminal complaint for criminal breach of trust. we must state that was the situation before the 2005 act came into force. in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under ..... cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verbal and emotional abuse .....
Tag this Judgment!Court : Supreme Court of India
..... assume that the anxiety of the investigating officer was to reach raxaul which is on the international border and therefore, he did not have the time to record said information as per requirement of section 42 of the act, the matter does not rest there. there are other suspicious circumstances affecting the credibility of the ..... of gazetted rank of the departments of central excise, narcotics, customs, revenue intelligence or any other department of the central government including the para military forces or the armed forces as is empowered in this behalf by general or special order by the central government, or any such officer of the revenue, drugs control, excise ..... primarily affected by virtue of the jurisprudence of section 41(2) of the ndps act 1985, which begins from the power of search and seizure conferred by the state upon its executive or administrative arms for the protection of social security in any civilized nation. such power is inherently limited by the recognition of .....
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