Court : Karnataka
..... the question is as to whether on setting aside the election of respondent no.1 on the ground of having committed a corrupt practice, whether the petitioner who had secured next highest number of votes is to be declared elected?. 106 124. the legal position is detailed by the constitution bench of the apex court in vishwanatha reddy v ..... out to large extent and large number of voters residing in various villages did vote for first respondent because of the inducement and that resulted in the first respondent securing large number of votes leading to his victory in the election. the distribution of medi assist id cards were effected between 25.4.2018 to 11.5.2018 at ..... ) accordingly, it can be held that the noticee sri arehalli manjunath has committed the corrupt practice of bribery in terms of section 123 of r.p. act insofar as after the coming into force of the code of conduct, medi assist cards were distributed to the parents of children in tumkur rural constituency (pw.3 and pw.8) with the .....
Tag this Judgment!Court : Supreme Court of India
..... one witness, named imran ali, was allegedly abducted by associates of respondent no.2 who also threatened to kill him. the petitioner has contended that his security cover was withdrawn. it is also averred that the authorities were duly informed of such instances but no appropriate action has been taken. the petitioner also states ..... section 321, crpc as the decision to withdraw prosecution was taken at the level of the state government and the public prosecutor was merely asked to act upon the said government notification. the link judge also showed tearing hurry in accepting the application of the public prosecutor and permitting withdrawal from prosecution even ..... the accused persons bail applications have constantly been rejected by the trial court and such rejection has been upheld in the high court. the high court has acted as a robust supervisory mechanism to oversee the trial proceedings and check any lapses occurring therein; (vi) there are no allegations of unfair investigation and .....
Tag this Judgment!Court : Supreme Court of India
..... question of appointment i must confess that there is a great deal of force in what my friend professor saksena said that there is no use making the tenure of the election commissioner a fixed and secure tenure if there is no provision in the constitution to prevent either a ..... vigilance home related to ineligible removable commission) affairs vigilance, for re- on such central policy- a . ppointment grounds) vigilance making, - commission and vigilance act, 2003 administration commissioner other including shall be grounds: police eligible administration. to be - or appointed insolvency as -held or cvc, - holding provided conviction office ..... or administrative fields almost inevitably voters, legislators and other elected officials will conclude that the activities of judges should be closely monitored. if judges act like legislators or administrators it follows that judges should be elected like legislators or selected and trained like administrators. this would be counterproductive. the .....
Tag this Judgment!Court : Supreme Court of India
..... plaintiff that by defrauding her the husbands of d3 and d5 succeeded to execute ext.a1 by making her believe that 1 hereinafter referred to as the evidence act . 4 it was a security document for getting new films from a distributor as claimed . *** *** *** 24. though plaintiff is having the case that ext.a1 is the result of fraud, ..... alienating his share in the partnership without the consent of the other partners. (c) non est factum the plaintiff was made to believe that she was executing a security deed for the distributionship of a film; she never intended to execute a sale deed.5.1. the first two grounds aforesaid were rejected by the high court with ..... had registered the sale deed whereupon she had put her signatures on being allegedly made to believe it to be a security document; and she failed to discharge the burden of proof in terms of section 103 of the indian evidence act, 1872 1 . without much elaboration, we may take note of the relevant findings of the trial court as under: .....
Tag this Judgment!Court : Karnataka
..... the offences punishable under sections 420, 497, 109, 504, 506, 418 read with 34 ipc and sections 75 & 87 of juvenile justice act. the police during the course of investigation have secured the 44 records relating to the hotel stay of the accused persons, their call records, their bank statements and also their e- mail correspondences ..... a minor child, the paramount consideration is the "welfare of the child" and 26 not rights of the parents under a statute for the time being in force.""26. reiterating the well settled legal position that while deciding the dispute pertaining to custody of minor, courts should keep in mind the paramount interest of the ..... evaluation. after one such counselling, the appellant allegedly fought with the respondent, abused him in filthy language, assaulted him and also broke his mobile phone which had forced the respondent to approach the police and file a complaint against her. the appellant was in the habit of picking up quarrel with the respondent in public. .....
Tag this Judgment!Court : Supreme Court of India
..... law primarily concerns social protection and prescribes rules of behaviour to be observed by all. law punishes for deviance, transgression, violation or omission. liberty of the individual and security and order in the society or public order are delicate and yet paramount considerations. undue emphasis on either would impede harmony and hamper public good as well as disturb social ..... 15 days as envisaged under sub- section (2) of section 167 of the old code and the consequences as well. the doubtful procedure of seeking further detention on securing order of remand under section 344 of the old code and section 309 of the present code was to be put to an end to, while preserving the power ..... of the court to have the bail cancelled and have the accused taken into custody are preserved. but as interpreted by this court on the happening of the catalyst act i.e. expiry of 16 90/60 days the hammer of release on default would fall. later filing of the charge-sheet (challan) is not by itself relevant .....
Tag this Judgment!Court : Karnataka
..... is described as follows:13. (2008) 103 drj634 para 13. csta no.7/2019 25 international law recognises that each state may exercise jurisdiction over crimes against its security and integrity or its vital economic interests... the rational grounds for the exercise of this jurisdiction are two-fold: (i) the offences subject to the application of ..... can continue to indulge in such practices whose adverse effect is felt in india with impunity. a competition law like the mrtp act is a mechanism to counter cross border economic terrorism. therefore, even though such an agreement may be entered into outside the territorial jurisdiction of the commission but if it results in a restrictive trade ..... to confiscation under section 113, or abets the doing or omission of such an act, shall be liable (i) in the case of goods in respect of which any prohibition is in force under this act or any other law for the time being in force, to a penalty [not exceeding three times the value of the goods as declared .....
Tag this Judgment!Court : Supreme Court of India
..... and imperilling the safety of a multitude of peoples representatives, constitutional functionaries and officials of the government of india and engaging in a combat with the security forces is a terrorist act of the gravest severity. it is a classic example of rarest of rare cases.253. the gravity of the crime conceived by the conspirators with the ..... would be justified. in this regard, attention is respectfully drawn to the following paragraphs:573. in short, this is a case of terrorist attack from across the border. it has a magnitude of unprecedented enormity on all scales. the conspiracy behind the attack was as deep and large as it was vicious. the preparation and ..... 9 scc1 this hon'ble court while convicting the appellant therein for the terrorist attack of 26/11 in mumbai, stated that facts of the case, the cross-border conspiracy, and the intention to strike fear into the heart of the victims, that the death sentence was warranted. while the court recognised that death should be the .....
Tag this Judgment!Court : Supreme Court of India
..... petitioner being an advocate has high influence and hold in the society and in the police and he is likely to interfere with smooth investigation. i find enough force in these submissions. if granting of bail is not in the interest of the victim, court has to refuse bail since the well being of the victim ..... traumatized to such a high degree that her academic pursuits have been adversely impacted alone, coupled with the legislative intent especially reflected through section 29 of the pocso act, are sufficient to dissuade a court from exercising its discretionary jurisdiction in granting pre arrest bail. it may be true, as pointed out by learned counsel appearing ..... or grade a2 in all the subjects. but, in 7th standard, her performance had fallen down drastically. she secured c1 or c2 grade in most of the subjects and in one subject, she secured b1 and in another subject, secured b2 grade. the incident occurred while she was studying in 7th standard. worried about her educational fall down, .....
Tag this Judgment!Court : Karnataka
..... a, the annual income of rs.40,000/- per annum shall be treated as a cap. in our opinion, the proceeding under section 163-a being a social security provision, providing for a distinct scheme, only those whose annual income is upto rs.40,000/- can take the benefit thereof. all other claims are required to be ..... , notice was issued to the petitioner/respondent no.1 and he has appeared through his counsel and respondent no.2 served and unrepresented. the tribunal records have been secured.14. heard the learned counsel for the appellant and learned counsel for respondent no.1.15. the learned counsel appearing for the appellant- insurance company vehemently contended that ..... to payment of compensation on structured formula basis. - 10 - mfa no.658 of 2010 (1) notwithstanding anything contained in this act or in any other law for the time being in force or instrument having the force of law, the owner of the motor vehicle or the authorised insurer shall be liable to pay in the case of death or .....
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