Court : Kerala
Decided on : Jan-08-2015
..... and mischievous application for withdrawal from prosecution. the precedent made by the hon'ble supreme court was seriously considered by the parliament later, when the 1973 code was enacted, and a specific provision was made in section 321 of the present code, that application for withdrawal can be made only ..... the case, and so sri.biju manohar happened to represent the vigilance department in court on subsequent posting dates also.19. chapter xiv of the vigilance and anti corruption bureau manual issued by the government of kerala as per g.o (rt) no.4/2002/vig. ..... of legal process, the request made by the 5th accused to quash the prosecution under section 482 of cr.p.c also cannot be allowed. (i) the learned public prosecutor has miserably failed to convince the court exercising supervisory jurisdiction, that he has sufficient grounds to withdraw from prosecution in public ..... from prosecution, the case cannot be given political colour.42. the learned public prosecutor has stated so many grounds in his application for withdrawal. i have discussed all these important grounds and found that on such grounds the state cannot be allowed to withdraw from prosecution. when withdrawal from prosecution ..... charges under the prevention of corruption act. this is not a case where there is no sanction at all. when there is a sanction granted by the competent authority, the legality and propriety of the sanction cannot be looked into and decided at the preliminary stage of framing charge, or when .....
Tag this Judgment!Court : Mumbai Aurangabad
Decided on : Jan-13-2015
..... minor victim pw 10 came to be recorded after examining her competency to testify in terms of provisions of section 118 of the indian evidence act by putting her some preliminary questions in order to understand whether she is in a position to give rational answers to those questions because of her tender age. the applicant ..... have the right to be present when the additional evidence is taken. (4) the taking of evidence under this section shall be subject to the provisions of chapter xxiii, as if it were an inquiry. 9. scope and ambit of provisions of section 391 of cr.p.c. is aptly elaborated by the honourable ..... c. for better understanding of the matter. it reads thus: 391. appellate court may take further evidence or direct it to be taken: (1) in dealing with any appeal under this chapter, the appellate court, if it thinks additional evidence to be necessary, shall record its reasons and may either take such evidence itself, or ..... enter upon defence by strictly complying the provisions of section 233 of the code of criminal procedure, 1973. the applicant/accused was specifically asked while recording his statement u/s 313 of the code of criminal procedure, 1973 as to whether he wants to adduce his evidence on oath or whether he desires to adduce ..... a.m. badar, j. 1. this is an application by appellant/accused under section 391 of the code of criminal procedure, 1973 (cr.p.c. for the sake of brevity) for recording of additional evidence of sonali manoj deore mother of the minor girl an .....
Tag this Judgment!Court : Delhi
Decided on : Jan-13-2015
..... the proceeding started for serving a larger cause of public justice than punitive action against a publisher, even assuming (without admitting) he was guilty. the preliminary proceeding has been buried publicly; let it lie in peace. many values like free press, fair trial, judicial fearlessness and community confidence must generously enter ..... legal service activities. most importantly, he should faithfully abide by the standards of professional conduct and etiquette prescribed by the bar council of india in chapter ii, part vi of the bar council of india rules.40. as a rule, an advocate being a member of the legal profession has a ..... in man and woman, dear my lord is the immediate jewel of their souls; who steals my purse, steals trash; its something, nothing; 't was mine, its his, and has been slate to thousands; but he that filches from me my good name, robs me of that which not enriches him and makes ..... and to the satisfaction of all concerned. to similar effect were the observations of lord morris in attorney general v. times newspapers [1974 ac273: (1973) 3 wlr298: (1973) 3 all er54(hl)]. , ac at p.302. it was observed that when unjustifiable interference is suppressed it is not because those charged with ..... of such practice, it shall be deemed that he is guilty of professional misconduct within the meaning of section 35 of the advocates act.72. as per rule 1 of the conditions for right to practise, every advocate is under an obligation to see that his name appears on the roll of .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-2015
..... . in the light of the above contentions, and on a consideration of the material available and the large number of authorities cited at the bar, we proceed to address the preliminary objection as regards maintainability. it is seen that the learned single judge has held thus: "13. the petition is filed by way of writ proceedings, though the nomenclature of the ..... contention, it is necessary to refer to the following passage from the said judgment : "102. in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article 226 or the inherent ..... the state government to direct an investigation afresh, if it so desires, through a competent police officer empowered with valid legal authority in strict compliance with section 5-a (1) of the act as indicated supra. no order as to costs." thus, we find that in bhajanlal's case, the supreme court has quashed the criminal proceedings on the ground that there ..... is obvious that the aforestated question was determined by the learned single judge having regard to the provisions of the code of criminal procedure code, 1973 and the provisions of the prevention of corruption act, 1988. in the circumstances, this court had held that the writ appeal was maintainable against the order of the learned single judge. we notice from the judgment in w .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-2015
..... the above contentions, and on a consideration of the material available and the large number of authorities cited at the bar, we proceed to address the preliminary objection as regards maintainability. it is seen that the learned single judge has held thus: 13. the petition is filed by way of writ proceedings ..... the following passage from the said judgment :40. 102. in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under article ..... an investigation afresh, if it so desires, through a competent police officer empowered with valid legal authority in strict compliance with section 5-a (1) of the act as indicated supra. no order as to costs. thus, we find that in bhajanlal s case, the supreme court has quashed the criminal proceedings ..... filed by the appellant, under article 226 and article 227 of the constitution of india read with section 482 of the code of criminal procedure, 1973. 4 2. the case of the appellant is as follows:- the appellant, a 39 year old man, is said to be the pontiff of ..... that the aforestated question was determined by the learned single judge having regard to the provisions of the code of criminal procedure code, 1973 and the provisions of the prevention of corruption act, 1988. in the circumstances, this 50 court had held that the writ appeal was maintainable against the order of the .....
Tag this Judgment!Court : Delhi
Decided on : Feb-11-2015
..... to be arbitrary and illegal, being violative of article 14 of the constitution of india as also contrary to section 3(1)(a) of the coal mines (nationalisation) act, 1973. dr singhvi further submitted that the supreme court was not concerned with how and in what manner the coal resources would be disposed of after the cancellation order. according to dr singhvi, there were several eventualities. the ..... -b2 -- bhushan ltd. jindal steel & power ltd. monet ispat ltd -- state where coal mine/block located -odisha odisha odisha -- the relevant provisions of the said rules are as follows: chapter iii: auction and allotment process8 allocation process.- (1) in connection with the allocation of schedule i coal mines(a) the nominated authority shall finalise a mine dossier in the manner specified in rule 9; (b) the central government ..... country in the national interest. the avowed object of the ordinance, therefore, is to provide for allocation of coal mines. the allocation is to be done to successful bidders in auctions or to allottees. auction and allotment have been specifically dealt with under chapter ii of the said ordinance. the auction procedure and eligibility conditions have been set out in section 4, whereas .....
Tag this Judgment!Court : Delhi
Decided on : Feb-11-2015
..... to be arbitrary and illegal, being violative of article 14 of the constitution of india as also contrary to section 3(1)(a) of the coal mines (nationalisation) act, 1973. dr singhvi further submitted that the supreme court was not concerned with how and in what manner the coal resources would be disposed of after the cancellation order. according to dr singhvi, there were several eventualities. the ..... -b2 -- bhushan ltd. jindal steel & power ltd. monet ispat ltd -- state where coal mine/block located -odisha odisha odisha -- the relevant provisions of the said rules are as follows: chapter iii: auction and allotment process8 allocation process.- (1) in connection with the allocation of schedule i coal mines(a) the nominated authority shall finalise a mine dossier in the manner specified in rule 9; (b) the central government ..... country in the national interest. the avowed object of the ordinance, therefore, is to provide for allocation of coal mines. the allocation is to be done to successful bidders in auctions or to allottees. auction and allotment have been specifically dealt with under chapter ii of the said ordinance. the auction procedure and eligibility conditions have been set out in section 4, whereas .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... falsely, although he was cross-examined by him. vii) a-50/ dw-1 darshan dayal verma has stepped into the witness-box in terms of section 21 of the prevention of corruption act, 1988/section 315 of cr.p.c., 1973 and has explained how he was pressurized by sanjiv kumar (a-3) and sher ..... from a serious infirmity in that, in dealing with the evidence of the approver, the learned judges do not appear to have addressed themselves to the preliminary question as to whether the approver is a reliable witness or not. the problem posed by the evidence given by an approver has been considered by ..... in the treatise of the eminent authors- sir john woodroffe and syed amir alilaw of evidence, lexis nexis butterworths wadhwa-nagpur in volume 2, chapter 5 at pages 1558-1559.149. in view of the above described sublime philosophy, the apex court has held that evidence under section 133 of the ..... any criminal court under section 98, or section 107, or section 108, or section 109, or section 110, or under chapter ix or under part b, part c or part d of chapter x, may offer himself as a witness in such proceedings: provided that in proceedings under section 108, section 109 or section ..... log, compared with deciding what to do with him when he has been found guilty. 489. chapter 19 of the delhi high court rules deals with sentencing of offenders and throws insights on this aspect. 1. the award of suitable sentence depends on a variety of considerations the determination of appropriate punishment after .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... falsely, although he was cross-examined by him. vii) a-50/ dw-1 darshan dayal verma has stepped into the witness-box in terms of section 21 of the prevention of corruption act, 1988/section 315 of cr.p.c., 1973 and has explained how he was pressurized by sanjiv kumar (a-3) and sher ..... from a serious infirmity in that, in dealing with the evidence of the approver, the learned judges do not appear to have addressed themselves to the preliminary question as to whether the approver is a reliable witness or not. the problem posed by the evidence given by an approver has been considered by ..... in the treatise of the eminent authors- sir john woodroffe and syed amir alilaw of evidence, lexis nexis butterworths wadhwa-nagpur in volume 2, chapter 5 at pages 1558-1559.149. in view of the above described sublime philosophy, the apex court has held that evidence under section 133 of the ..... any criminal court under section 98, or section 107, or section 108, or section 109, or section 110, or under chapter ix or under part b, part c or part d of chapter x, may offer himself as a witness in such proceedings: provided that in proceedings under section 108, section 109 or section ..... log, compared with deciding what to do with him when he has been found guilty. 489. chapter 19 of the delhi high court rules deals with sentencing of offenders and throws insights on this aspect. 1. the award of suitable sentence depends on a variety of considerations the determination of appropriate punishment after .....
Tag this Judgment!Court : Delhi
Decided on : Mar-05-2015
..... falsely, although he was cross-examined by him. vii) a-50/ dw-1 darshan dayal verma has stepped into the witness-box in terms of section 21 of the prevention of corruption act, 1988/section 315 of cr.p.c., 1973 and has explained how he was pressurized by sanjiv kumar (a-3) and sher ..... from a serious infirmity in that, in dealing with the evidence of the approver, the learned judges do not appear to have addressed themselves to the preliminary question as to whether the approver is a reliable witness or not. the problem posed by the evidence given by an approver has been considered by ..... in the treatise of the eminent authors- sir john woodroffe and syed amir alilaw of evidence, lexis nexis butterworths wadhwa-nagpur in volume 2, chapter 5 at pages 1558-1559.149. in view of the above described sublime philosophy, the apex court has held that evidence under section 133 of the ..... any criminal court under section 98, or section 107, or section 108, or section 109, or section 110, or under chapter ix or under part b, part c or part d of chapter x, may offer himself as a witness in such proceedings: provided that in proceedings under section 108, section 109 or section ..... log, compared with deciding what to do with him when he has been found guilty. 489. chapter 19 of the delhi high court rules deals with sentencing of offenders and throws insights on this aspect. 1. the award of suitable sentence depends on a variety of considerations the determination of appropriate punishment after .....
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