Court : Karnataka
..... for example, if the adc finds that the nature of the reported discrimination violates the scheduled caste and scheduled tribe (prevention of atrocities) act, 1989, it may forward the case to the police, with consent of complainant appeal if any of the parties to the complaint is are dissatisfied with actions taken for resolution of a complaint, they ..... based on gender, disability, caste, ethnicity, religion, or any other marginalised socio economic backgrounds goes against the values of the university and the azim premji foundation discriminatory acts create an inequitable environment for those employed by the university (members) or enrolled in the university's educational programmes (students). ..... design, and pedagogy are outside the purview of adc and will be referred to the appropriate level school bodies such as crc and cpc section ..... applicable may submit a complaint by email to [email protected] or directly contact any of the adc members who will render all reasonable assistance to (a) ascertain if the alleged act was discriminatory in nature and (b) if determined to be discriminatory, assist the victim to make complaint in writing. ..... of both explicit and implicit biases (see annexure for definition of both).4. ..... definition of hate speech, which is offensive discourse targeting a group or an individual based on inherent characteristics (such as race, religion or gender) and that may threaten ..... definition of hate ..... definition of members include all persons employed by the university, and .....
Tag this Judgment!Court : Karnataka
..... clear that having regard to the scheme of the crpc, the legislature in its wisdom has left it open to the accused to exercise the option of examining himself as a witness for an offence punishable under section 138 of the ni act, in deliberately omitting any reference to the evidence of the accused by way of affidavit for it would run against a first principle in criminal law namely, that an accused shall not be called as a ..... on the ground that the same is not permissible, the present petition is filed.3) the learned counsel for the petitioner places reliance on the language of section 145 of the ni act to contend that the trial court has not taken into consideration the intent of the provision, which has been interpreted by the apex court in the case ..... demonstrate that the issue cannot be said to have been concluded by the judgment in the case of mandvi cooperative bank (supra) as the scope of section 145 of the ni act, 1881 was further expanded by the supreme court in the case of indian bank association (supra) and, therefore, this court, if warranted, may refer ..... view, are worthy of emulation by the criminal courts all over the country dealing with cases under section 138 of the negotiable instruments act, for which the following directions are being given - (1) metropolitan magistrate/judicial magistrate (mm/jm), on the day when the complaint under section 138 of the act is presented, shall scrutinize the complaint, and if the cmplaint is accompanied by the affidavit, and .....
Tag this Judgment!Court : Supreme Court of India
..... a right of the divorced muslim woman distinct from and in addition to mahr and maintenance for the iddat period, also enables a reasonable and fair provision and a reasonable and fair provision as provided under section 3(3) of the act would be with reference to the needs of the divorced criminal appeal no.2842 of 2024 page 36 of 43 woman, the means of the husband, and the standard of life the woman enjoyed during the ..... is not possessed of sufficient means criminal appeal no.2842 of 2024 page 8 of 43 provided further that the magistrate may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this sub-section, order such person to make a monthly allowance for the interim maintenance of his wife or such child, father or mother, and the expenses of such proceeding which the magistrate considers reasonable, and to pay ..... if section 125 of the crpc is also resorted to by a divorced muslim woman, as per the definition under the 1986 act, then any order passed under the provisions of 1986 act shall be taken into consideration under section 127(3)(b) ..... ) 4 scc125(sc), it was categorically observed by this court that enactment of the said provision charges the court with a deliberate secular design to enforce maintenance or its equivalent against the humane obligation, which is derived from the state s responsibility for social welfare. ..... parliament, in keeping with article 15(3) and deliberate by design, made a special provision to help women in distress .....
Tag this Judgment!Court : Supreme Court of India
..... common intention was based on the twin incriminating circumstances and when they were not put to the appellant while he was being questioned under section 313, cr.pc, and when they ultimately culminated in his conviction under section 302, ipc, with the aid of section 34, ipc, and when he was awarded with the life imprisonment consequently, it can only be held that the appellant was materially ..... material circumstance means the circumstance or the material on the basis of which the prosecution is seeking his conviction; (ii) the object of examination of the accused under section 313 is to enable the accused to explain any circumstance appearing against him in the evidence; (iii) the court must ordinarily eschew material circumstances not put ..... the same time, we may hasten to add that it is a well-neigh settled position that non-examination or inadequate examination under section 313, cr.pc, on any incriminating circumstance, by itself, would not vitiate a trial qua the convict concerned unless it has resulted in ..... position that the question whether the aforementioned twin incriminating circumstances appeared in the prosecution evidence and whether they were put to the appellant while being examined under section 313, cr.pc, to enable him an opportunity to offer explanation are not matters of argument as a bare perusal of the materials on record viz. ..... sub-section (5) of section 313, cr.pc, which was inserted under code of criminal procedure (amendment) act, 2008 (act 5 of 2009) with .....
Tag this Judgment!Court : Karnataka
..... case no.29/2005 dated 03.09.2011 convicting and sentencing the accused for the offence punishable under section 13(i)(e) r/w section 13(2) of the prevention of corruption act, 1988, sentencing the accused to undergo imprisonment for a period of 3 years and to pay a fine of rs.40,00,000/- and in default of payment of fine, to undergo rigorous imprisonment ..... in view of the ratio laid down in the said judgment, the initial burden is definitely on the prosecution which can be termed as legal burden of establishing the guilt ..... . to substantiate the charge, the prosecution must prove the following facts before it can bring a case under section 5(1)(e), namely, (1) it must establish that the accused is a public servant, (2) the nature and extent of the pecuniary resources or property which were found in his possession, (3) it must be proved as to what were his known ..... and nature of burden of proof resting upon the public servant to be found in possession of disproportionate assets under section 5(1)(e) cannot be higher than the test laid by the court in jhingan case [air1966sc1762: (1966) 3 ..... therefore, was in error in holding that a public servant charged for having disproportionate assets in his possession for which he cannot satisfactorily account, cannot be convicted of an offence under section 5(2) read with section 5(1)(e) of the act unless the prosecution disproves all possible sources of income.- ..... said statistics was prepared based upon the designation of the accused as he belongs .....
Tag this Judgment!Court : Supreme Court of India
..... previous decision of this court in manav dharam trust (supra) by recognizing the statutory intention behind the 2013 act, which sought to benefit owners of lands who purchased the lands before the notification under section 4(1) of the 1894 act but not for the benefit of those who have purchased the lands after vesting of lands with the state. ..... simplify the compliance of direction at (a) above, it is further directed that every notification issued under section 4(1) of the 1894 act in this batch of cases, shall be treated as a preliminary notification within the meaning of section 11 of the 2013 act, and shall be deemed to have been published as on 01st january, 2014; page 43 ..... transfer of land in respect of which acquisition proceedings had been initiated, after issuance of notification under section 4(1) of the 1894 act, is void and a subsequent purchaser cannot challenge the validity of the notification or the irregularity in taking ..... the time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 act is extended by a year starting from 01st august, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as ..... passed within the window period of five years excluding the period covered by an interim order of the court, then proceedings shall continue as provided under section 24(1)(b) of the 2013 act under the 1894 act as if it has not been repealed. .....
Tag this Judgment!Court : Supreme Court of India
..... act, in any case of land acquisition proceedings initiated under the land acquisition act, 1894 (1 of 1894), 65 (a) where no award under section 11 of the said land acquisition act has been made, then, all provisions of this act relating to the determination of compensation shall apply; or (b) where an award under said section 11 has been made, then such proceedings shall continue under the provisions of the said land acquisition act, as if the said act has not been repealed ..... without expressing any final definitive opinion on such allegations of concealment, we are of the considered view that the appellants have discharged a prima facie burden for the limited purpose of making out a ..... the period from 15.03.2020 till 14.03.2021 shall also stand excluded in computing the periods prescribed under sections 23 (4) and 29a of the arbitration and conciliation act, 1996, section 12a of the commercial courts act, 2015 and provisos (b) and (c) of section 138 of the negotiable instruments act, 1881 and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or ..... process can be adhered to by the appellants and the gnctd, which would also likely be beneficial for the expropriated land owners; 109 (d) similarly, compliance with sections 13, 14, and 16 to 20 of 2013 act can be dispensed with as the subject-lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. .....
Tag this Judgment!Court : Supreme Court of India
..... exceed fifty lakh rupees in any previous year; or (c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44ae or section 44bb or section 44bbb, as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case ..... objects and reasons1 the accountancy profession in india is at present regulated by the auditors certificates rules framed in 1932 in exercise of the powers conferred on the government of india by section 144 of the indian companies act, 1913, and the indian accountancy board advises government in all matters relating to the profession and assists it in maintaining the standards of the professional qualifications and conduct required ..... accountants.- every member of the institute in practice shall, and any other member may, use the designation of a chartered accountant and no member using such designation shall use any other description, whether in addition thereto or in substitution therefor: provided that nothing contained in this section shall be deemed to prohibit any such person from adding any other description or letters to his name, if entitled thereto, to indicate membership of ..... act. as per the respondent- institute, the council is in the best position to have definite information about deterioration in the quality of work, as also monopolization both relevant ..... after repeal of the government of india .....
Tag this Judgment!Court : Supreme Court of India
..... . the 32 definition of service contained in section 2(1)(o) of the cp act 1986 and in section 2(42) of the cp act 2019 is the same which reads as under: - service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, ..... is slight difference in the definition of deficiency in section 2(1)(g) of 1986 act and section 2(11) of 2019 act ..... iii) a service hired or availed of an advocate is a service under a contract of personal service, and therefore would fall within the exclusionary part of the 42 definition of service contained in section 2 (42) of the cp act 2019 ..... of these attributes strengthen our opinion 41 that the services hired or availed of an advocate would be that of a contract of personal service and would therefore stand excluded from the definition of service contained in the section 2(42) of the cp act, 2019 ..... ) whether a service hired or availed of an advocate could be said to be the service under a contract of personal service so as to 12 exclude it from the definition of service contained in section 2 (42) of the cp act 2019?.8. ..... however, on the advocates act, 1961 having come into force, the 30 provisions of the said acts stood repealed as per section 50 of the advocates act ..... . the entire act revolves around the consumer and is designed to protect their ..... indeed, the entire act revolves round the consumer and is designed to protect his interest .....
Tag this Judgment!Court : Supreme Court of India
..... as provided by the officers, individuals, agencies producing the child shall be reviewed by the board and the board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the act, namely: (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first appearance, his being in conflict with law appears to be unfounded or where ..... court in topline shoes ltd vs corporation bank17 while interpretating section 13(2)(a) of the repealed consumer protection act, 1986 prescribing time limit for filing reply to the complaint ..... chief justice of the high court, by notification in the official gazette, designate for each district, a court of session to be a special court to try the offences under the act: provided that if a court of session is notified as a children's court under the commissions for protection of child rights act, 2005 (4 of 2006) or a special court designated for similar purposes under any other law for the time being in force ..... for protection of child rights act, 200510 or a special court under the 2012 act, and where such courts have not been designated, the court of sessions having ..... protection of child rights act, 2005 (4 of 2006) or a special court under the protection of children from sexual offences act, 2012 (32 of 2012), wherever existing and where such courts have not been designated, the court of sessions having jurisdiction to try offences under the act. ..... designation .....
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