Court : Supreme Court of India
..... 04.11.2005. this coupled with 25 the fact that his relationship with the deceased latha was strained clearly point to his guilt. section 106 of the indian evidence act, 1872 states that when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him. we are conscious ..... have certainly named him while amending the clause and providing that section 293 applies to the deputy director or assistant director of a 18 central forensic science laboratory or a state forensic science laboratory. ..... by the director. on a true construction of section 293(4) crpc it has to be held that joint director is comprehended by the expression director . the amendment made in clause (e) of section 293(4) now indicates that clearly. if the joint director was not comprehended within the expression director then the legislature would .....
Tag this Judgment!Court : Supreme Court of India
..... was remanded to police custody till 18.06.2015. 3 closed-circuit television. 46. on 17.06.2015, the investigating agency prepared a memorandum under section 27 of the indian evidence act, 1872 showing recovery of rs.30,000/- (rupees thirty thousand) from the house of the appellant.7. on 18.06.2015, the investigating agency produced the appellant ..... has initiated departmental proceeding against respondent no.2 and punishment has also been awarded to him pursuant thereto. (3) plaint to set forth service of notice and tender of amends. the plaint shall set forth that a notice art aforesaid has been served on the defendant and the date of such service, and shall state whether any, and ..... if any what tender of amends has been made by the defendant. a copy of the mid notice shall be annexed to the plaint en- dorsed or accompanied with a declaration by the plaintiff .....
Tag this Judgment!Court : Supreme Court of India
..... while upholding the validity of section 45 had observed as under: - 387. having said thus, we must now address the challenge to the twin conditions as applicable post amendment of 2018. that challenge will have to be tested on its own merits and not in reference to the reasons weighed with this court in declaring the provision, (as ..... a term of imprisonment of more than three years under part a of the schedule to the 2002 act. now, the provision (section45) including twin conditions would apply to the offence(s) under the 2002 act itself. the provision post 2018 amendment, is in the nature of no bail in relation to the offence of money-laundering unless the twin ..... against shri satyendar kumar jain, minister in the government of national capital territory of delhi & others, for the offences under section 109 ipc and 13(2) read with section 13(1)(e) of the pc act, 1988 at the instance of the dy. superintendent of police, cbi who had conducted a preliminary enquiry, being pe ac-1-2017-a0003 .....
Tag this Judgment!Court : Supreme Court of India
..... the various production sectors in the area, which directly or incidentally affect wildlife conservation, through 'tiger conservation foundation', as provided in the wildlife (protection) amendment act, 2006.4. addressing tiger bearing forests and fostering corridor conservation through restorative strategy in respective working plans of forest divisions, involving local communities, to arrest ..... that resources are conserved and preserved in such a way that present as well as the future generations are aware of them equally.76. in indian council for enviro-legal action v. union of india and others6, this court observed thus:6. (1996) 5 scc2811996 insc54381 41. with rapid ..... felling of trees. the committee further noted that there has been violation of the provisions of the wildlife (protection) act, 1972, the forest (conservation) act, 1980, as well as the indian forest act, 1927. surprisingly, a single lane road is being constructed in the core/critical habitat of the corbett tiger reserve. .....
Tag this Judgment!Court : Supreme Court of India
..... would not be tenable. she submits that the matter was compromised between the deceased and the accused. it is submitted that taking into consideration the above aspect, the amended charge came to be framed on 14.03.2007, restricting the claim with regard to 7 cruelty only for the period between 21.10.2003 and 29.05.2004 ..... , the addl. sessions judge-02, north district, rohini courts, delhi (hereinafter referred to as trial court ) convicted the appellant herein for the offence punishable under section 302 ipc and sentenced him to undergo life imprisonment with a fine of rs.25,000/-. all the accused were sentenced to undergo rigorous imprisonment for ten years with fine of rs ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.154. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based on .....
Tag this Judgment!Court : Supreme Court of India
..... and procedure of special court in civil matters. (1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act, 1994 (24 of 1994) the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court ..... the onus of proof has been shifted on to the appellants without any justification and contrary to the principles enshrined in the indian evidence act, 1872(hereinafter being referred to as the evidence act ). he thus, implored the court to accept the appeals and set aside the judgments passed by the special court. 1228 ..... b) requiring the discovery and production of documents; (c) receiving evidence on affidavits; (d) subject to the provisions of sections 123 and 124 of the indian evidence act, 1872 (1 of 1872), requisitioning any public record or document or copy of such record or document from any office; (e) issuing commissions for the .....
Tag this Judgment!Court : Supreme Court of India
..... a constitution bench of this court in kihoto hollohan v. zachillhu,57 while deciding on the validity of the constitution (fifty second amendment) act 1985 which introduced the tenth schedule to the indian constitution opined that the freedom of speech in parliament under clause (2) of article 105 is not violated. this court understood the ..... so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978. (4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have the ..... compelling reason to reconsider certain judgments of this court.36. in shanker raju (supra), this court was dealing with the interpretation of the administrative tribunals (amendment) act, 2006 and the appointment of a judicial member of the central administrative tribunal. the two-judge bench observed that it was bound by the decision of .....
Tag this Judgment!Court : Supreme Court of India
..... arbitration no.088 of 2012. the appellants objection to enforcement of the foreign award, in terms of section 48 of the arbitration and conciliation act, 1996 (for short indian arbitration act )was rejected and the high court also directed that the order of attachment against the award debtors shall continue to 1 operate during the ..... the appellants to refrain from disposing of/diminishing the value of their assets upto us$ 50 million. on 27.7.2012, the emergency arbitrator made an amendment to interim awards granting further relief to hsbc by rejecting to desist investigations against avitel dubai and avitel mauritius. 35.6. according to hsbc, the appellants ..... india. however, during the pendency of the present proceedings, the supreme court in in re: interplay between arbitration agreements under the arbitration and conciliation act,1996 and the indian stamp act,18993 delivered on 13.12.2023 has overruled the decision in nn global(supra). the 7-judge bench had noted, inter alia, that the .....
Tag this Judgment!Court : Supreme Court of India
..... that arbitration proceedings are conducted and concluded expeditiously. we are of the page 57 of 58 considered opinion that the parliament should consider bringing an amendment to the act, 1996 prescribing a specific period of limitation within which a party may move the court for making an application for appointment of arbitrators under section ..... thus: 26. the commencement of an arbitration proceeding for the purpose of applicability of the provisions of the indian limitation act is of great significance. even section 43(1) of the 1996 act provides that the limitation act, 1963 shall apply to the arbitration as it applies to proceedings in court. sub-section (2) thereof ..... iccr ) in 2016 for the execution of a short-term course for training in english for students from afghanistan who were selected to pursue degree courses in indian universities in the academic year 2017-18 under the scholarship scheme of the government of india (for short, the course ). the proposal of the respondent was .....
Tag this Judgment!Court : Supreme Court of India
..... . page 9 of 16 mandate introduced with effect from 23rd june 2006 was not applicable on the date of filing of the complaint. we are not examining whether the amended provision will apply to a complaint filed before 23rd june 2006 in which the order of issue of process has been passed after 23rd june 2006.9. we may note ..... the summoning order on 16th july 2013 for the offences punishable under sections 420, 406, 467, 468 and 472 read with section 120 b of the ipc and section 13 of the essential commodities act, 1955. by the impugned judgment and order dated 25th august 2014, the high court dismissed the quashing petition by holding that disputed questions of fact were ..... complaint was filed by the 1st respondent complainant. sub section (1) of section 202 of the cr.pc was amended with effect from 23rd june 2006 by the act no.25 of 2005. sub section (1) of section 202 of the cr.pc, as amended, reads thus: 202. postponement of issue of process. (1) any magistrate, on receipt of a complaint of .....
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