Court : Supreme Court of India
..... source information to respondent- agency, first information report bearing number rc-6(a)/2005-gnr under section 120b read with section 420 of the indian penal code, 1860 (hereinafter referred to as ipc1860) and section 13(1)(d) of the prevention of corruption act, 1998 (hereinafter referred to as pca1998) was registered on 04.04.2005 at gandhinagar branch ..... dated 15.09.2023, wherein the high court of gujarat dismissed the criminal revision application no.783 of 2017 (hereinafter referred to as cra no.783 of 2017 ) moved under section 397 read with section 401 of code of criminal procedure, 1973 (hereinafter referred to as crpc1973) against the rejection of criminal appeal no.3216 of 2024 page 1 of 17 discharge application ..... section 13(1)(b) read with section 13(2) of the pca1998 besides this, the court had already refused to accept contentions of the respondent-agency against shri yogendra garg for sanction under section 197 of the crpc1973 and henceforth, the appellant- company cannot be prosecuted alone for the charge under section 120b of ipc1860 and it finally put forth that the offences under section 1 (2012) 6 scc2282 ..... 1963 scc online sc2633 (1976) 3 scc252criminal appeal no.3216 of 2024 page 9 of 17 420 read with section 120b of .....
Tag this Judgment!Court : Supreme Court of India
..... a first information report was registered against the 2nd and 4th respondents for offences punishable under sections 304-b and 498-a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961. ..... as assured to the court, the appellants or some of them shall file a petition seeking a declaration of guardianship and permanent custody of the child under the provisions of the gw act before the competent court within a maximum period of two months from today; f. ..... we direct the registry to immediately forward a copy of this judgment to the secretary of the district legal service authority at district panna, state of madhya pradesh, who shall act upon the copy of the judgment provided by the registry of this court. ..... only in substantive proceedings under the gw act can the appropriate court decide the issue of the child custody and guardianship. ..... the appellants made such an application under the gw act, but it was withdrawn later. ..... the court has to act based on humanitarian considerations. ..... as of this date, the husband has not applied for custody by filing proceedings under the guardians and wards act, 1890 (for short, the gw act ). ..... therefore, we propose to permit the appellants or any of them to apply for custody to the regular court under the gw act. .....
Tag this Judgment!Court : Karnataka
..... falls within the definition of an industrial dispute under section 2(k) of the act, the mechanism under the act can be activated. ..... contention of the petitioner was that the order dated 08.08.2012 vide annexure-n, is statutory in nature under section 13(2)(xiv) of the central silk board act, 1948 and, therefore, the cgit has no power to pass any award contrary to the said ..... in the said circumstances, and on an anxious consideration of the scheme of the act and the rules made there under, as well as section 11 of the central silk board act, 1948, we are of the clear opinion that the grounds urged by the petitioner that the dispute could not have been adjudicated by the tribunal are totally devoid of ..... the central silk board is established under the central silk board act, 1948, section 11 gives powers to the central government to control and modify ..... the central government exercising powers conferred under section 2(a)(1)(d) read with section 10 of the industrial disputes act, 1947, referred the following question for adjudication of the cgit:- - 3 "whether the demand of the central silk board employees union for enhancement of retirement age from 55 years to 60 years for the ..... the power in the central government to frame rules under section 13(2)(xiv) of the central silk board act, 1948, to regulate the working conditions of the staff which may be employed by the board and the pay and allowances, leave and other conditions of service of officers and other employees of the board .....
Tag this Judgment!Court : Karnataka
..... that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests: (i) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (ii) those circumstances should be of definite tendency unerringly pointing towards guilt of the accused; (iii) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that with all human probability the crime was ..... 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 from the legal punishment. ..... last seen together theory of - importance of, in the chain of circumstances pointing towards guilt of the accused - such theory when applicable - where time gap is long between last seen and recovery of body effect of - onus under section 106, evidence act - when shifts on to accused - to base conviction solely on last seen theory not prudent. ..... whereas in this matter, hon'ble supreme court had extensively addressed the issue and also offence under section 302 of ipc relating to motive suggested was contrary to the evidence produced chain of circumstances found not complete acquittal justified. .....
Tag this Judgment!Court : Karnataka
..... that when a case rests upon circumstantial evidence, such evidence must satisfy the following tests: (i) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; (ii) those circumstances should be of definite tendency unerringly pointing towards guilt of the accused; (iii) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that with all human probability the crime was ..... 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 from the legal punishment. ..... last seen together theory of - importance of, in the chain of circumstances pointing towards guilt of the accused - such theory when applicable - where time gap is long between last seen and recovery of body effect of - onus under section 106, evidence act - when shifts on to accused - to base conviction solely on last seen theory not prudent. ..... whereas in this matter, hon'ble supreme court had extensively addressed the issue and also offence under section 302 of ipc relating to motive suggested was contrary to the evidence produced chain of circumstances found not complete acquittal justified. .....
Tag this Judgment!Court : Karnataka
..... is looked into, when there is no dispute to the fact that the petitioners answer the definition of foreigners as defined under the foreigners act, the said decisions relied upon by the learned senior counsel for the petitioner would not apply ..... is a minor child, and whose both parents are citizens of india or one of the parents is a citizen of india; or (d) spouse of foreign origin of a citizen of india or spouse of foreign origin of an overseas citizen of india cardholder registered under section 7a and whose marriage has been registered and subsisted for a continuous period of not less than two years immediately preceding the presentation of the application under this ..... section: provided that for the eligibility for registration as an overseas citizen of india cardholder, such spouse shall be subjected to prior security clearance by a competent authority in india: provided further that no person ..... , following is held and declared, (i) the rights of the petitioner as oci cardholder registered under section 7a of the citizenship act, 1955, shall be governed, for the purpose of admission to the professional courses, in accordance with notifications of the central government issued under section 7b(1) of the 1955 act, and as per the interpretation attached thereto it by the supreme court in anushka rengunthwar (supra .....
Tag this Judgment!Court : Karnataka
..... lapsed after issuance of show cause notice and only on noticing the said fact, the concerned court would be empowered to take cognizance of the offence, as section 49 of the act begins with a non-obstante clause that no court shall take cognizance of any offence under the act except when a person against whom cognizance is sought to be taken has been given 60 days notice in a manner prescribed and the notice should bear observation ..... issued to the petitioners for the first time alleging offences punishable under sections 43, 44 and 47 of the act was on the inspection conducted on 03-01-2024 and drawing up of the ..... annexure-c is notice dated january 18, 2024 issued under section 32(1)(c) of the act (water (prevention and control of pollution) act, 1974) prohibiting petitioner from discharging effluents in the interest of ..... he would, apart from the said fact, contend that section 49 of the act mandates that no court shall take cognizance if certain aspects are not complied with and one of the aspects which is not complied is, no 60 days notice is issued, is the submission of the ..... (emphasis supplied) the order passed under section 32(1)(c) of the act prohibiting the petitioner/industry from discharging effluents and the closure order, were directed to be treated as show cause notices and the petitioner/industry was permitted to reply, which would mean that ..... an order was passed on 18-01-2024 invoking section 32(1)(c) of the act prohibiting the industry from discharging the effluents. .....
Tag this Judgment!Court : Supreme Court of India
..... the aforesaid decisions, in our view, the expression may apply in the same suit in which the decree is made as used in section 28 of the 1963 act must be accorded an expansive meaning so as to include the court of first instance even though the decree under execution is passed by ..... is ordered to pay under the decree within the period referred to in sub-section (1), the court may, on application made in the same suit, award the purchaser or lessee such further relief as he may be entitled to, including in appropriate cases all or any of the following reliefs, namely: civil appeal @ slp (c) no.29899/2017 page 4 of 22 1963 (in short the 1963 act ) to rescind the contract on the ground that decree holder(s) had failed to ..... debtor(s) themselves applied to the execution court for rescinding the contract under section 28(1) of the 1963 act, and raised no such jurisdictional issue either before the execution court or the ..... a sequitur, even if the execution court is the court of first instance with reference to the suit wherein the decree under execution was passed, it must transfer the application filed under section 28 to the file of the suit 8 civil appeal no.8022 of 2023 @ slp (c) no.24720 of 2023 decided on 08.12.2023 civil appeal @ slp (c) no.29899/2017 page 15 ..... definition of the court which passed a decree the expression court which passed a decree , or words to that effect, shall, in relation to the execution of decrees, unless there is anything repugnant in the subject or context, .....
Tag this Judgment!Court : Karnataka
..... day, order was made therein as under: coram: hon'ble mr justice m.nagaprasanna oral order the petitioners are before this court calling in question registration of a crime in crime no.48 of 2022 registered for offences punishable under sections 323, 498a, 504, 506 and 149 of the ipc pending before the civil judge and jmfc, kushalnagar.2. ..... on 08-09-2022, the 2nd respondent registers a complaint alleging offences punishable under section 376 of the ipc barely after 15 days of the aforesaid meeting and blooming of the relationship. ..... he would submit that all documents are placed on record depicting crimes so registered by the 2nd respondent against several other persons including the 1st petitioner for offences punishable under section 498a of the ipc that is now alleged. .....
Tag this Judgment!Court : Karnataka Dharwad
..... advocate who vehemently resists the petition on the ground of lack of locus standii of the lokayukta; the tribunal has after examining the records has entered a finding as to non-compliance of section 9(3) of the 1984 act and that does merit a deeper examination in the writ jurisdiction; the tribunal has given a cogent finding as to why it has foreclosed the proceedings; lastly, the articles of charge are not specific ..... employee that the lokayukta has no locus standii in a matter like this is bit difficult to countenance: firstly, the tribunal has faltered the action on the ground that section 9(3) of the 1984 act has not been complied with by the lokayukta; secondly, the articles of charge have not been properly framed. ..... quashment of government order made under rule 14a, the matter almost invariably goes back to the stage of section 12(3) of the 1984 act, unless the tribunal/court expressly says otherwise, and therefore, such cases need to be treated as of ..... construed in their true spirit and in the light of the scheme collectively emerging inter alia from the provisions of sections 9 & 12 of the 1984 act read with rule 14a of the 1957 rules. ..... argues that there are two significant infirmities in the impugned order namely: (i) the tribunal has recorded a finding that there is violation of section 9(3) of the karnataka lokayukta act, 1984 when apparently there is compliance and therefore there was absolutely no scope for invoking section 9(3)(a) & (b) of the act vide - 4 - nc:2024. .....
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