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 : 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 .....
Tag this Judgment!Court : Karnataka
..... needs to be repeated that the case set up by the petitioner-nia before this court for securing the information & documents inter alia relates 1 (2014) 11 scc2242 2022 uk sc201 6 to cross border human trafficking and forcing the vulnerable women from bangladesh, to prostitution. that being the position, this court has to ..... sought by the investigation agency for purpose of verification falls within the ambit of 'identity information' as defined under section 2 (n) of the aadhaar act.6. ms. kusum dhalla, learned app for the petitioner/state submitted that the information as sought by the investigation agency is crucial for establishing the ..... turned down in light of the bar enacted in section 33 of the aadhar (targeted delivery of financial and other subsidies, benefits and services) act, 2016 (hereinafter 2016 act). 72. after service of notice, the answering first respondent having entered appearance through the learned assistant solicitor general opposes the petition making submission in .....
Tag this Judgment!Court : Supreme Court of India
..... the close vicinity of the national chambal sanctuary project undertaken by the state government. that due to the effluent flowing out of the premises of the college that borders the sanctuary has resulted in serious threat to the ecology of the area as well as causing environmental damage and consequently has endangered the flora and fauna as ..... of the original writ petitioners that the authority passing the order imposing damages is not vested with any such power under any law for the time being in force. it was also the case on behalf of the original writ petitioners that the amount of damages imposed is too excessive without there being any statistical basis ..... the powers under section 33 of the wild life (protection) act, 1972. 65. on a fair reading of section 33 of the wild life (protection) act, 1972, reproduced hereinabove, the appropriate authority shall have wide powers to take such steps as well as to ensure the security of wild animals in the sanctuary and the preservation of the .....
Tag this Judgment!Court : Supreme Court of India
..... he (sanjiv bhatt) used to attend meetings, to which shri raval reacted by saying that he had accompanied him in border security nodal committee meetings, which used to deal with the border security only. shri raval also informed shri sanjiv bhatt that he never worked in the communal branch and was not aware of anything ..... instructed to keep a telephonic contact with the villagers through the concerned police station in rural areas to obtain information and act quickly. directions were also issued to these officers to deploy the available forces suitably to meet the developing situation and also to maintain sufficient mobility. shri ashok narayan, the then acs (home ..... to all the jurisdictional officers to take effective action including implementation of communal riot scheme, to act in a decisive, prompt and effective manner to control the situation and not to hesitate to use whatever force was necessary to bring the situation under control, if any life and property were threatened. it .....
Tag this Judgment!Court : Karnataka
..... manual strangulation and also drowning her by the accused has not been established by the prosecution by facilitating worthwhile evidence and securing conviction for offences punishable under sections 12 302 and 201 of ipc, 1860. but circumstances in totality on the part ..... her and 6 pretended as if he is in intimate relation with her and immediately encircled her neck with the help of border of her saree and compressed her neck. as a result of that deceased mangala died due to manual strangulation and compression ..... started threatening the accused that she would inform the girl with whom he was engaged for marriage about their illicit relationship and forced him to continue physical contact with her. 54. it is further stated that on 19.09.2013, accused sathish kharvi ..... bag and other belongings in the sea and then he came to gangolli by boarding private bus.5. in pursuance of act of the accused and death of mangala, cw.30 raveesh holla who was working as station house officer in gangolli .....
Tag this Judgment!Court : Supreme Court of India
..... he had challenged the order dated 19th march, 2008 passed by the respondent no.4 herein convicting him to life imprisonment for an offence committed under section 46 of the border security force act, 19681 , that is to say for murder punishable under section 302 of the indian penal code, 18602. by the impugned order, the division bench has upheld the order ..... 2 - appellate authority, whereby the statutory appeal filed by the appellant was 1 for short bsf act 2 for short ipc page 1 of 20 civil appeal no.2606 of 2012 dismissed and the order dated 10th march, 2007 passed by the general security force court was upheld3.2. the brief facts of the case are that the appellant, who was ..... serving in the bsf, was tried by the gsfc in the year 2007, for committing an offence under section 46 of the bsf act, that is to say murder punishable under section 302 .....
Tag this Judgment!Court : Supreme Court of India
..... is situated in village lakhnaur. out of the total land acquired, 49 acres 4 kanals and 18 marlas have been utilized by the union for the purpose of border security force whereas the rest of the land has been utilized by the state. the reference court has relied upon determination of compensation vide ex.p/13 in respect of land ..... sought reference under section 18 of the act. the reference court awarded compensation of rs.4 lakhs per acre apart from the compensation for super-structures. the said award of the amount of compensation was based upon ..... acres 7 kanal and 18 marlas of land in village lakhnaur. the said notification was followed by a notification dated 6.11.1991 issued under section 6 of the act. the land acquisition collector awarded compensation of rs.1,75,000/- per acre. aggrieved by the market value determined by the land acquisition collector, the land owners .....
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