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
..... 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 : Karnataka
..... principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) if two reasonable conclusions are possible on the basis ..... commissioner wherein the commissioner of police referred them to the jurisdictional police station. accordingly, she took pw-1 to women police station at mysuru. the women police secured presence of parents of pw-1 and pw-2 told them that he lodged a missing complaint at v.v.puram police station. thereafter, the sho of women ..... .10.2015 accused sexually assaulted her against her wish. due to the same, pw-11 must have observed that pw-1 was habituated to sexual acts. according to pw-1, accused had forceful sexual intercourse with her, on all the above said ten days, in view of the said reasons, her hymen might be not intact. pw- .....
Tag this Judgment!Court : Karnataka
..... . it is important to note that when the investigating officer did not found any material with regard to kidnap and seizure of cheques, there is a force in the contention of the counsel for the petitioner that a false allegation is made against him stating that 21 cheques were collected. the counsel for the ..... 18 other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion .384. punishment for extortion. whoever commits extortion shall be punished with imprisonment of either description for a term ..... complaint is nothing but the defence to escape from the liability and the penal consequences in respect of an offence punishable under section 138 of n.i. act. the police also mechanically filed the charge sheet without making proper investigation. the counsel also would vehemently contend that to attract the penal provision under section .....
Tag this Judgment!Court : Supreme Court of India
..... his voting share in favour of the approval of the proposed plan of resolution (i.e. by dissenting), cannot be forced to yet remain attached to the corporate debtor by way of provisions in the nature of equities or securities. in the true operation of the provision contained in the second part of sub-clause (ii) of clause (b ..... under the plan inter se the financial creditors of the corporate debtor and not the resolution plan. accordingly, the amendment to section 30(2)(b) vide the amendment act of 2019 was not applicable. we have already rejected this argument, for the reasons set out above. in our opinion, the contention that the appellant is not the ..... the adjudicating authority. clauses (i), (ii) and (iii) of explanation 2 reflect the wide expanse and width of the legislative intent viz. the application of the amendment act, whether proceedings are pending before the civil appeal no.9133 of 2019 & anr. page 10 of 32 adjudicating authority, the appellate authority, or before any court in a .....
Tag this Judgment!Court : Karnataka
..... the tribunal seeking return of passport on the score that there is urgent necessity of the old passport as its validity had expired and a fresh passport had to be secured from the hands of the passport authority. that having not been considered, the petitioner is before this court seeking a direction as observed hereinabove.4. heard sri k.n. ..... of the passport or travel document has - 13 - nc:2023. khc:44173 wp no.26333 of 2023 been issued by a court under any law for the time being in force or if an order prohibiting the departure from india of the holder of the passport or other travel document has been made by any such court and the passport authority ..... court or criminal court to retain or impound a passport. the issue in the case at hand is, such an act being done by the tribunal which undoubtedly has only the power of following the procedure of a civil court in securing ends of justice. the civil court or the criminal court itself do not have the power to impound the passport .....
Tag this Judgment!Court : Supreme Court of India
..... to allow a higher court to pronounce upon the legality and validity of an order of a lower court and thereby secure unholy gains, can hardly be ignored. impediments in the working of the grand scheme of governmental functions have to ..... interest through the state. the high court felt inclined to take a pragmatic view since the negligence therein did not border on callousness.32. given these reasons, we do not consider discretion to have been exercised by the high court in ..... a liberal and justice-oriented approach by the courts, where certain leeway could be provided to the state. the hidden forces that are at work in preventing an appeal by the state being presented within the prescribed period of limitation so as ..... high court allowed an application filed by the union of india ( first respondent , hereafter) under section 5 of the limitation act, 1963 ( limitation act , hereafter) and thereby condoned the delay of around 479 days in presentation of an appeal from the decision of the reference .....
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