Court : Karnataka
Decided on : Jul-18-2023
..... spp sri vijayakumar majage vehemently contended that the judgment under appeals does not suffer from any perversity or illegality. according to him, the learned sessions judge, by considering all the circumstances, has rightly convicted the accused for the charges levelled against them. learned additional spp would submit that the prosecution proved ..... circumstances against him, provides an additional circumstance in the chain of circumstantial evidence against him as contemplated under the provision of 106 of indian evidence act. since the incriminating circumstances which will be within his special knowledge and failure to discharge onus which lies on accused under the said provision is ..... in the case of neeraj dutta v. state (nct of delhi) reported in (2023) 4 scc731elaborately discussed in respect of section 6 of the evidence act and discussed about the 'evidence' meaning, scope and kinds of principles elucidated and held that (i) 'evidence' is the medium through which the court .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-2023
..... spp sri vijayakumar majage vehemently contended that the judgment under appeals does not suffer from any perversity or illegality. according to him, the learned sessions judge, by considering all the circumstances, has rightly convicted the accused for the charges levelled against them. learned additional spp would submit that the prosecution proved ..... circumstances against him, provides an additional circumstance in the chain of circumstantial evidence against him as contemplated under the provision of 106 of indian evidence act. since the incriminating circumstances which will be within his special knowledge and failure to discharge onus which lies on accused under the said provision is ..... in the case of neeraj dutta v. state (nct of delhi) reported in (2023) 4 scc731elaborately discussed in respect of section 6 of the evidence act and discussed about the 'evidence' meaning, scope and kinds of principles elucidated and held that (i) 'evidence' is the medium through which the court .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-2023
..... payment of extra/additional premium covering the risk of coolie/hamali/loader is not warranted. therefore, whether the insurance policy issued is in respect of the vehicle either package or act policy, the risk of employee is compulsorily covered. therefore, the tribunal has committed an error in dismissing the claim petition. therefore, whether it has approved the deceased employee ..... consideration are: i) whether, under the facts and circumstances of the case, risk of the employee/ coolie/hamali/loader is compulsorily covered under section 147 of the motor vehicles act?. ii) whether the insurance company has issued insurance policy even without additional/extra premium is paid covering the risk of hamali/coolie/loader?. - 5 - nc:2023. khc:25046 ..... date of accident till realization. iii. the claimant is not entitled to interest for the delay period of 103 days. iv. no order as to costs. sd/- judge bnv list no.:2. sl no.:6. page no.8 is retyped and replaced vide court order dated 04.01.2024. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-19-2023
..... the scene of crime did not establish the common intention or their participation to constitute vicarious liability under section 34 of ipc. she would also submit that sessions judge has not recorded any finding as to how the ingredients of section 34 of ipc had been satisfied and based on vague statements and even in absence of corroborative ..... the consistent stand of these witnesses (pw-2 to pw-5) that accused no.1 had kicked the deceased on her stomach. nowhere they have whispered about any overt acts of appellants herein. in fact, appellate court while re- appreciating evidence has observed as under: 20. even though the learned counsel xxx place of incident, a careful scrutiny ..... that courts below failed to appreciate the fact that pw-5 was a distant relative of deceased and he has clearly admitted in his testimony that no overt act could be attributed to the appellants and it is only accused no.1 who had kicked the deceased. he would also draw our attention to his admission whereunder .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-20-2023
..... case it will be a murder simplicitor unless exception is attracted. we are concerned under clause 3rdly with the intention to cause that particular injury which is a subjective inquiry and when once such intention is established and if the intended injury is found objectively to be sufficient in the ordinary course of nature to cause death, clause ..... say that the thing will 'probably happen'. in reaching the conclusion, the court has to place itself in the situation of the accused and then judge whether the accused had the knowledge that by the act he was likely to cause death. (7) the distinction between culpable homicide (section 299 of the ipc) and murder (section 300 of the ipc ..... cox cc55c), have been referred to. they can be referred to, with advantage at this stage, as they are very illuminating:- the inquiry as to intent is far less simple than that as to whether an act has been committed, because you cannot look into a man's mind to see what was passing there at any given time. what .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-21-2023
..... the learned senior counsel would take the court through sections 17 and 18 of the protection of human rights act, 1993 (for short the act ), which read as under:- 17. inquiry into complaints.-the commission while inquiring into the complaints of violations of human rights may- (i) call for ..... had approached this court in w.p. no.11051/2008 and the co-ordinate bench headed by the then chief justice and companion judge permitted the petitioners herein to approach the commission by way of a review petition, consequent to which, petitioners approached the commission-7th respondent ..... the complaint on its own; (b) if, on receipt of information or report, the commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned government or authority, it may not proceed with the ..... , interlocutory applications if any, do not survive for consideration and is accordingly disposed off. sd/- judge sd/- judge chs/dn list no.:1. sl no.: 3 .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jul-21-2023
..... health department, as also secretary e-governance department.30. in view of the above, i do not find any infirmity in the order passed by the iii-additional senior civil judge and jmfc, raichur in fr. mvc no.575/2022, as such, the writ petition stands dismissed.31. though the above matter is dismissed, to report compliance by the ..... to respondents dispensed with) this writ petition is filed under articles226and227of the constitution of india, praying to quash the order dated0507.2023 passed by the iii addl. senior civil judge and jmfc, raichur in fr mvc no.575/2022, the copy of which is at annexure-a and etc., this petition, coming on for preliminary hearing this day, the ..... /2022. the present petition arises out of an order dated 05.07.2023 passed by the iii-additional senior civil judge and jmfc, raichur in fr mvc no.575/2022 on an application under section 5 of the limitation act, condoning delay of 5 months in filing the claim petition.4. the submission of sri mohd.abdul quayum, learned .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-24-2023
..... his father reached the said area and found vikash panwar lying on the ground, dead, with blood oozing out from around his ribs. 4.4. that upon inquiry, the informant got to know that the four accused hereinabove named had come on two motorcycles and dragged vikash who was purchasing vegetables. thereafter, they had shot ..... an application seeking regular bail before the court of the additional district and sessions judge, mahanagar, jodhpur. the same was dismissed by an order dated 10 november, 2021.10. application seeking regular bail filed by the respondent-accused, vikas vishnoi before ..... -accused, budharam was charged for offences punishable under sections 302 and 120b of the ipc and section 3 read with sections 25 and 27 of the arms act, while respondents-accused, rajendra bishnoi and vikas vishnoi were charged for offences under sections 302 and 120b of the ipc.9. respondent-accused, vikas vishnoi preferred .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-24-2023
..... to pass the following order i. the appeal is allowed. ii. the impugned judgment and award dated 28.09.2011 in mvc.no.54/2010 passed by the senior civil judge & chief judicial magistrate and 12th addl. mact, bhadravathi, is set aside.-. 9 - nc:2023. khc:26267 mfa no.3463 of 2012 iii. no order as to costs. iv. ..... : judgment the present appeal is filed by the appellant- insurance company challenging the judgment and award dated 28.09.2011 in mvc.no.54/2010 passed by the senior civil judge & chief judicial magistrate and 12th addl. mact, bhadravathi, on the ground that the owner has filed the claim petition against himself, just because, there is a contract of ..... on the same pedestal.-. 7 - nc:2023. khc:26267 mfa no.3463 of 2012 10. section 170 of the motor vehicle act stipulates as follows: 170. impleading insurer in certain cases. where in the course of any inquiry, the claims tribunal is satisfied that (a) there is collusion between the person making the claim and the person against whom the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-24-2023
..... any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to ..... at dharwad are voluminous in nature, this hon'ble court may please to pass an order for calling of the records from 3rd additional district and session judge and special judge for cbi, dharwad at dharwad.3. brief facts of the case are as under: petitioners are facing trial in respect of alleged bank fraud in special ..... .c. in this regard as attempt made by the petitioners to obtain the said copy through right to information act (hereinafter referred to as 'rti act' for short) came to be rejected by the concerned bank. the learned trial judge after entertaining the objections filed by the prosecution, allowed the application in part and directed to summon 14 documents .....
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