Court : Supreme Court of India
..... the explanation sought to bring the activity of sale of lottery tickets within sub-clause (ii) of clause 19 of section 65 of the finance act, 1994, when it was excluded from sub- clause (i) on account of the lottery tickets being interpreted as actionable claims and not goods on the premise that it was a service within the meaning of said sub-clause. ..... thus, when lottery ticket is an actionable claim and not goods and is therefore outside the scope of sub-clause (i) of clause 19 of section 65 of the finance act, 1994, it could not have been included as lottery per se in the explanation to sub-clause (ii) of clause 19 of section 65 of the finance act, 1994 as service in relation to promotion or marketing of service provided by the page 19 of 25 client including any service provided in relation to promotion or marketing of games of chance, organized, conducted or promoted by the client, in whatever form or by whatever name called ..... although the explanation is for the purpose of removal of doubts, it is relevant to note that what is excluded in sub-clause (i) of clause (19) of section 65 of the act, namely lotteries being actionable claim and not goods, as analysed above, is sought to be mentioned as lottery per se in the explanation. .....
Tag this Judgment!Court : Supreme Court of India
..... this court in challenge to the said impugned judgment on the grounds that as the signature on the concerned cheque was admitted by the respondent, the appellant was able to successfully raise a presumption under section 139 of the ni act 1881 and as per the submissions of the respondent, he had failed to rebut the said presumption. ..... accordingly, the respondent was said to have committed offences punishable under section 138 of the ni act 1881 and section 420 of the indian penal code, 1860 (hereinafter referred to ..... fiction adopted by the legislature vide amendment act of 1988 to the ni act 1881 it has barred the drawer of a cheque, which was dishonoured, to take a defence that at the time of issuance of the cheque in question he or she had no reason to believe that the same will be dishonoured upon being presented by the holder of such a cheque, especially and specifically for the reasons underlined in section 138 of the ni act 1881.25. ..... while acknowledging the test of proportionality and having laid the interpretation of section 139 of the ni act 1881 hereof, it was further held that an accused cannot be obligated to rebut the said presumption through an unduly high ..... expounded that the issuance of cheque towards a liability, the presentation of the cheque within the prescribed period, its return on account of dishonour, notice to the accused, and failure to pay within 15 days thereof, stand as sine qua non for an offence under section 138 of the ni act 1881 as per the decision in k. .....
Tag this Judgment!Court : Supreme Court of India
..... irregularities or fraud involving of any element of public interest; that the learned single judge was right in setting aside the order of blacklisting; that the corporation is guilty of having not acted fairly and reasonably by not facilitating the appellant to perform his contractual right; that the corporation despite the repeated undertaking before the high court for taking resort to arbitration has deliberately issued the order of ..... also assailed the judgment of the division bench by contending that the division bench failed to consider that there was no element of violation of public interest involved in the conduct of the appellant and in fact the corporation was guilty of having not acted fairly and reasonably and that the division bench has completely overlooked this aspect. ..... to say that debarment is recognised and often used as an effective method for disciplining deviant suppliers/contractors who may have committed acts of omission and commission or frauds including misrepresentations, falsification of records and other breaches of the regulations under ..... the reason given is that the tender notice had clearly stated that the street hoardings in the annexures would be allotted on as is where is basis; that the company having understood the scope and effect of the terms and conditions of the notice accepted the award; that, no objection certificate , is not required in respect of the existing hoardings; that there was no document to show that the company had applied .....
Tag this Judgment!Court : Supreme Court of India
..... . 24.4 regarding the proceedings taken on the complaint of custodial violence made by the petitioner, learned counsel urged that contemnor-respondent no.7 was acting well within her jurisdiction by virtue of provisions contained in crpc when she questioned the petitioner and also conducted preliminary body examination so as to take note of the injuries, if any, suffered by him owing to the alleged custodial violence ..... . he urged that at the end of the remand period, the petitioner voluntarily filed an application under section 437 crpc seeking bail, which was routed through the registry of the court and that is why the magistrate, was left with no other option but to pass an order on the said application requiring the accused petitioner to furnish bail bonds in lieu of release on bail ..... . the police have visited the house of the main accused, issued notices and reminders under section 41(a) but the accused himself was not found present at the house, his wife or his mother was present and replied that he was there for the last two months ..... 6th acjm(contemnor-respondent no.7) was on leave, the learned magistrate on duty (8th additional chief judicial magistrate) took cognizance of the said complaint vide order dated 21st december, 2023, with a clear finding that the acts complained of were not committed by the concerned police officials while discharging official duties and therefore, sanction to prosecute was not required under section 197 crpc .....
Tag this Judgment!Court : Karnataka
..... the magistrate is not bound in such a situation to follow the procedure laid down in sections 200 and 202 of the code for taking cognizance of a case under section 190(1)(a) though it is open to him to act under section 200 or section 202 also. ..... the complainant further submits that, on coming to know the fraud committed by the accused persons, she had made an application under the right to information act to accused no.3 and collected the certified copies of the forged documents which includes signed blank stamp papers, loan papers, surety documents. ..... it may be noted that even in a case where the final report of the police under section 173 is accepted and the accused persons are discharged, the magistrate has the power to take cognizance of the offence on a complaint or a protest petition on the same or similar allegations even after the acceptance of the final report. ..... (1) he may decide that there is no sufficient ground for proceeding further and drop action; (2) he may take cognizance of the offence under section 190(1)(b) on the basis of the police report and issue process; this he may do without being bound in any manner by the conclusion arrived at by the police in their report; (3) he may take cognizance of the offence under section 190(1)(a) on the basis of the original complaint and proceed to examine upon oath the complainant and his witnesses under section 200. .....
Tag this Judgment!Court : Karnataka
..... a crime then comes to be registered against the petitioner and several others in crime no.102 of 2020 for offences 4 punishable under sections 376 and 506 of the ipc, sections 6 and 15 of the protection of children from sexual offences act, 2012 and section 66 of the information technology act, 2008. ..... it is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence of electronic record with reference to sections 59, 65-a and 65- b of the evidence act, if an electronic record as such is used as primary evidence under section 62 of the evidence act, the same is admissible in evidence, without compliance with the conditions in section 65- b of the evidence act. ..... 04-2023 sd/- advocate for accused no.1 (emphasis added) 10 the objection is that the cd could not have been marked in evidence, as there is no certificate under section 65-b of the evidence act and if there is no such certificate it does not become an evidence and, therefore, marking of compact disc should be rejected. ..... the apex court, has considered this issue and held that non-filing of certificate under section 65-b of the evidence act at the time of production of electronic evidence would not vitiate the 14 proceedings. ..... state of punjab has observed that a certificate under section 65b(4) of the indian evidence act, 1872 is mandatory to produce electronic evidence, and that submitting oral evidence in place of such certificate cannot possibly suffice. .....
Tag this Judgment!Court : Karnataka
..... registered the case against him and the f.i.r no.rc0042022 a0005 dated 20-04-2022 for the offence punishable under section 5(1)(d) and section 5(2) of the jammu kashmir prevention of corruption act and under section 120(b) of ipc. ..... person, being an employer of an establishment whether exempted under section 17 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or not who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or family pension fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such ..... , being an employer of an establishment whether exempted under section 17 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or not who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or family pension fund established by any law for the time being in force, shall be deemed to have been entrusted with the amount of the contribution so deducted by him and if he makes default in the payment of such contribution ..... impending between the parties, the company sought to enforce the arbitration clause in the agreement by filing a petition under section 9 of the arbitration and conciliation act before the commercial court at bengaluru in commercial a.a.no.353 of 2023. .....
Tag this Judgment!Court : Supreme Court of India
..... thereafter, the court also directed the director general of mines safety5 and the director general, factory advice service and labour institutes (dg-fasli) to carry out a health and safety survey of silicosis-affected workers under section 91a of the factories act and section 9a of the mines act, by actively involving, apart from government officials, non- 5 dgms writ petition (c) no.110 of2006page 15 of 20 government organizations working in silicosis- affected areas, and submit a comprehensive report to the court as to the facilities available in the field ..... of treatment, actual payment of compensation made available to the victims, and other rehabilitation steps for .....
Tag this Judgment!Court : Karnataka Dharwad
..... be stated that a decision is an authority for the proposition that it lays down in a given fact matrix, and not for all that which logically follows from what has been so laid down vide lord halsbury in quinn vs ..... realm of public employment, right to be considered for appointment once duly selected, assumes proprietary character and that puts the said right on a higher pedestal, opportunity in public employment being constitutionally guaranteed ..... writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, set aside the impugned order in wp no.102956/2022 (s-res) dated1402.2024 passed by the learned single judge and to dismiss the w.p.no.102956/2022 (s-res) with costs ..... however add that state cannot act arbitrarily and its action will be subject ..... notified vacancies, the persons who are remaining in the ranking list shall be considered for appointment against permanent vacancies as and when the need arises, within the validity period mentioned above. ..... recruitment notification dated 17.09.2019 a copy whereof is avails at annexure-a at paragraph no.9 and more particularly at internal page no.7 has the following projection: empanlement: recruitment shall be only ..... the validity period of the selection list being two years and some of notified vacancies still existing, candidates remaining in the selection list need to be considered for appointment, as rightly contended by learned counsel appearing for the private respondent, who ..... of the appellants to the qualified section i.e. .....
Tag this Judgment!Court : Karnataka
..... (for short, bescom ), however, submits that as the assistant executive engineer, it was the duty of the petitioner to ensure inspection of studying voltage and road condition of various feeders, for improvement, 12 for formulating proposals estimates and he was also in-charge of repair and maintenance works, and therefore, he would have to ultimately take responsibility, since the report also indicates that the lines which had snapped were old ..... now would be, whether these officers of bescom could be held prima facie guilty of negligence, as obtaining under section 304a of the ipc, as it is not that this is the first instance or the instance has all ..... material available on record, it cannot be held that no offence under section 304a, 287 and 337 of the ipc is made out against the petitioner. ..... as to whether the petitioner was gross negligent or not in death of reshamlal for the purpose of section 304a of the ipc, is a matter to be considered during the course of trial on the basis ..... therefore, it is high time that these officers wake up, right from top brass to the man on the field and put their effort to obviate such instances being repeated overall again, as a citizen cannot bear the impact of repetition of such negligence ..... who is responsible for the negligent act is always a matter of investigation or trial, as the case would be, as existence of the duty to take care is the first and fundamental of the ingredient of a criminal action ..... to branch of a tree falling on the passer .....
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