Court : Supreme Court of India
..... or section 110 of the code of criminal procedure; (iv) any person convicted of any of the offences specified in i) above when it appears from the facts of the case, even though no previous conviction has been proved, that he is by habit a member of a gang of dacoits, or of thieves or a dealer in stolen property; (v) any habitual offender as defined in the andhra pradesh habitual offenders act, 1962; (vi) any person convicted by a court or tribunal acting outside india under the general or special authority of the central government or any state ..... 183 section 6, criminal tribes (amendment) act 1923 https://164.100.163.187/repealedfileopen?.rfilename=a1923- 1.pdf 184 section 8, criminal tribes (amendment) act 1923 185 section 12, criminal tribes (amendment) act 1923 186 act no.06 of 1924 67 part xi province or to another province, he shall still be treated as a criminal tribe in that district or ..... movements.173 the local government was also allowed to separate and remove children (between 6 and 18 years of age) from their parents or guardians and place them in any established industrial, agricultural or reformatory schools .174 these children were deemed as youthful offenders under reformatory schools act, 1897. ..... dreadful sometimes, transfer to a distant prison where visits or society of friends or relations may be snapped, allotment of degrading labour, ..... respect for the human person a process which must begin more ..... also serve to maintain and legitimize a social hierarchy that goes .....
Tag this Judgment!Court : Supreme Court of India
..... put forth that the recovered dead body is that of the person allegedly murdered by the accused, the prosecution cannot be permitted to raise a contention that the dead body is not traceable or that in such eventuality the court also cannot make out a new case on its own for the prosecution, i think it only proper to proceed with further consideration of the present case.33. in the contextual situation, it is also relevant to refer to the decision ..... as the state has not chosen to approach this court against the dismissal of its appeal by the high court, which was filed in the context of the acquittal of the accused under section 302 ipc, read with section 34 ipc, that aspect stands settled ..... 6 and 7, who jointly filed criminal appeal no.1615 of 2012, already served out their sentence and were released from prison ..... . a prudent man faced with conflicting probabilities concerning a fact- situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence of the particular ..... . the first step in this process is to fix the probabilities, the second to weigh them, though the two may often ..... the contextual situation it is apposite to refer to the decision of this court in central bureau of investigation v. ..... permitting this premise to 4 (1991) 3 scc4719 gain acceptance would mean that those in the police organization, who resort to such nefarious methods, can take this easy way out to ward off a finding of guilt .....
Tag this Judgment!Court : Supreme Court of India
..... the central government and every state government should take all measures as provided under section 43 of act 32 of 2012 to give wide publicity to the provisions of the act through media including television, radio and print media, at regular intervals, to make the general public, children as well as their parents and guardians, aware of the provisions of the act.253. ..... comprehensive legislation inter-alia to provide for protection of children from the sexual offences and pornography with due regard for safeguarding the interest and well being of the child at every stage of the judicial process, incorporating child friendly procedures for reporting, recording of evidence, investigation and trial of offences and provision for establishment of special courts for speedy trial of such offences. ..... the pocso as outlined in its statement of object and reasons was specifically designed to provide commensurate penalties to serve as a deterrent against the sexual abuse and exploitation of children. ..... this takes the court to the next argument of mr. ..... this is owed to the fact that often, it is next to impossible to establish the identity of the victim, then to trace the whereabouts of such person, and then objectively determine their age. .....
Tag this Judgment!Court : Supreme Court of India
..... 6 company appeal (at) no.222 of 2018, decided on 25.03.2019 7 (2023) 4 scc209 26 court held that the role of sebi as a regulator could not be circumvented by applying for rectification under section 111-a of the act of 1956 and that, such an approach would be impermissible as scrutiny and examination of a transaction allegedly conducted in violation of the regulations has to be processed through the rules and remedies provided in the regulations themselves. ..... not take steps when the annual accounts were not audited and submitted to them or with the registrar of companies, the appellants stated that, as they were informed that there was a police case against the auditor of the company, they could not take any steps to get the accounts audited and submitted to them. ..... this court emphasized that when constitutional courts are called upon to interpret provisions affecting exercise of powers and jurisdiction by regulatory bodies, it is the duty of the court to ensure that transactions falling within the province of the regulators are necessarily subjected to their scrutiny and ..... ramesh, his friend, who agreed to lend him the money through banking channels, by arranging for a total sum of 14.66 crore, out of which he would take back 9 crore and the balance 5.66 crore could be retained by ..... put forth by respondent no.2, as rightly pointed out in the interim order, required to be proved and could not have been taken to be the truth straightaway in this abrupt and self-serving manner. .....
Tag this Judgment!Court : Karnataka
..... supra, and also keeping in view the judgments rendered by the hon ble supreme court are concerned and even dwelling in detail about the evidence, but the prosecution has miserably failed to prove guilt against the accused beyond all reasonable doubt for securing conviction under section 302 r/w section 34 of ipc and so also for the offence under section 201 of ipc relating to the disappearance of the evidence to screen the offender ..... to forward a copy of the operative portion of the judgment to the superintendent of jail authority, central prison, parappana agrahara, bengaluru city forthwith for necessary action to be taken in respect of accused no.1 ..... no.773 of 2018 c/w crl.a no.195 of 2018 shivabasavegowda, who had acquainted with accused no.1 and there was some friendly relationship and these are all the theories that find a place on the prosecution side. ..... khc:36187-db crl.a no.773 of 2018 c/w crl.a no.195 of 2018 the death, or the accused knew that their act was likely to cause death and the accused inflicted injury around the neck of the deceased which is sufficient in the ordinary course of ..... came and took the deceased to her house, but instead of money, on the next day, the dead body of his mother was found at the scene of crime beneath ..... no.773 of 2018 c/w crl.a no.195 of 2018 night, so also on the next day morning. ..... on the next day, p.w.6 went along with police to the silkworm cocoons house of accused no.1 and the police found the dead body of the deceased doddadevamma .....
Tag this Judgment!Court : Karnataka
..... supra, and also keeping in view the judgments rendered by the hon ble supreme court are concerned and even dwelling in detail about the evidence, but the prosecution has miserably failed to prove guilt against the accused beyond all reasonable doubt for securing conviction under section 302 r/w section 34 of ipc and so also for the offence under section 201 of ipc relating to the disappearance of the evidence to screen the offender ..... to forward a copy of the operative portion of the judgment to the superintendent of jail authority, central prison, parappana agrahara, bengaluru city forthwith for necessary action to be taken in respect of accused no.1 ..... no.773 of 2018 c/w crl.a no.195 of 2018 shivabasavegowda, who had acquainted with accused no.1 and there was some friendly relationship and these are all the theories that find a place on the prosecution side. ..... khc:36187-db crl.a no.773 of 2018 c/w crl.a no.195 of 2018 the death, or the accused knew that their act was likely to cause death and the accused inflicted injury around the neck of the deceased which is sufficient in the ordinary course of ..... came and took the deceased to her house, but instead of money, on the next day, the dead body of his mother was found at the scene of crime beneath ..... no.773 of 2018 c/w crl.a no.195 of 2018 night, so also on the next day morning. ..... on the next day, p.w.6 went along with police to the silkworm cocoons house of accused no.1 and the police found the dead body of the deceased doddadevamma .....
Tag this Judgment!Court : Karnataka
..... the next issue before this court is whether the learned judge was legally justified in taking cognizance against the petitioner for offences under sections 8(c)/15(c) and 25 of the act on the basis of sec. ..... there should be more than prima facie material to hold that the owner or occupier of the premises was in complete knowledge of what was happening in the premises, as section 25 creates a vicarious liability against the person who is the owner who has knowingly permitted usage of premises, knowledge pervades the provision of law. ..... in the light of unequivocal facts narrated hereinabove and the judgments rendered by the apex court and other high courts, interpreting section 25, as also prima facie view of the prosecution that the petitioner was not within the knowledge of what was happening in his property, i deem it appropriate to obliterate the proceedings against the petitioner, failure of which, would become an abuse of the process of law and result in miscarriage of justice.11. ..... heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and sri p.thejesh, learned high court government pleader appearing for the respondents.3. ..... they were also aware of the fact that the petitioner was serving in the indian army at the siachin glacier. ..... , customs and central excise, state by inspector of police, narcotic intelligence bureau, madurai, tamil nadu v. .....
Tag this Judgment!Court : Supreme Court of India
..... purulia and raghunathpur municipalities : - bauri ghasi rajwar bhogta pan turi bhuiya part vii central provinces and berar scheduled castes localities basor, or burud chamar dom ganda throughout the mang province mehtar or bhangi mochi satnami audhelia : in the bilaspur district bahna : in the amraoti ..... section 4 makes a similar provision for the arunthathiyars in recruitment to government posts.11 proceedings under article 32 of the constitution were instituted before this court for challenging the constitutional validity of the tamil nadu act on the ground that it contravenes the judgment of this court ..... matter of fact, when harijans behave independently or asserting their right on some matters, the ministers in some provinces not only take note and action against those members, but they bring the community to which that particular individual belongs; and thereby not only the ..... the meaning necessary to fit the changed circumstances could be found in the text itself, we would always be better served by treading a path as close as possible to the text, by gathering the plain ordinary meaning, ..... force or under any order of the government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes ; (c) to participate and advise on the planning process of socio-economic development of the ..... carried over to the next year, and whether ..... governments and excellence and equality are not friendly .....
Tag this Judgment!Court : Supreme Court of India
..... this court examined the provisions of the mmrd act 1948 which contained a legislative declaration under section 2.205 section 6 of the mmrd act 1948 empowered the central government ..... hydraulicing, quarrying or by any other operation and to include mineral oils.192 these definitions are indicative of the fact that: (i) the expression mines includes both the process by which minerals are extracted from the earth as well as the place where such extraction takes place; and (ii) minerals are obtained from the mine by ..... during the debates in the house of commons on the above entries, the then solicitor general stated that the provinces could enact their own regulations if there was any inaction by the federal legislature.17 thus, legislative power in relation to regulation of mines and mineral ..... legislature has exclusive power to enact laws relating to taxes on mineral rights under entry 50 of list ii the next issue is to determine the nature of the limitations that parliament can constitutionally impose on the exercise of the ..... , dead rent acts as a deterrent against a leaseholder cornering a mining lease and keeping the mineral resources idle.140 similar to royalty, dead rent is also a statutory imposition and an integral part of the mining lease, but it generally does not serve as a ..... as we want a mixed pattern of economy to go on and the private sector to flourish, surely my hon friend does not expect me to put a sense of insecurity in the mind of the private sector, when every six .....
Tag this Judgment!Court : Supreme Court of India
..... for the various respondents, in support of upholding the impugned order, submitted as under: a) the appellant had not approached this court with clean hands since the government pleader, during the pendency of the contempt proceedings, had avowed that the process of mutation had already commenced, while the counter affidavit filed in the same proceedings stated that the contempt petition itself was barred ..... had taken the view that filing of an application or petition for initiating proceedings for contempt does not amount to initiation of proceedings by the court and initiation under section 20 of the act can only be said to have occurred when the court forms the prima facie opinion that contempt has been committed and issues notice to the contemner to show cause why he should not be punished ..... militate against the legislative intent of inserting section 20 in the act (a provision not found in the predecessor statutes of the act) rendering the section a 38 dead letter, the damage caused to the majesty of the court could ..... the review jurisdiction has categorically held that a decision cannot be reviewed merely because it is erroneous on merits, since that would fall squarely within the province of a court exercising appellate jurisdiction.21. ..... . proceeding on the premise that the order must have been served immediately after the same was passed by the single judge and in the light of rule 21 of the writ rules, the appellant had 2 (two) months time from receipt ..... to the central issue, .....
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