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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2023
..... over the provisions of the crpc. the court held that a 14 mcoca 12 crl.a. 2093/2023 special judge is precluded from taking cognizance of a private complaint and order a separate inquiry without the previous sanction of the police officer not below the rank of additional director general of police:67. we ..... would not, therefore, be entitled to invoke the provisions of section 156(3) crpc for ordering a special inquiry on a private complaint and taking cognizance thereupon, without ..... are also inclined to hold that in view of the provisions of section 25 of mcoca, the provisions of the said act would have an overriding effect over the provisions of the criminal procedure code and the learned special judge .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-26-2023
..... v/o dated2211.2022 r2 is treated as lrs of deceased r1) this mfa is filed u/s1731) of mv act against the judgment and award dated31.03.2015 passed in mvc no.296/2014 on the file of the3d additional, senior civil judge and7h mact, davangere, awarding the compensation of rs.6,76,000/- with interest at6 p.a., from the date ..... .4498 of 2015 mfa no.4499 of 2015 mfa no.4503 of 2015 this mfa is filed u/s1731) of mv act against the judgment and award dated3103.2015 passed in mvc no.299/2014 on the file of the3d additional senior civil judge and7h mact, davangere, awarding the compensation of rs.2,25,000/- with interest at6 p.a. from the date ..... /o dated2211/2022 r2 is treated as lr s of deceased r1) this mfa is filed u/s1731) of mv act against the judgment and award dated31.03.2015 passed in mvc no.297/2014 on the file of the iii additional senior civil judge and vii mact, davangere, awarding compensation of rs.2,25,000/- with interest @ 6% p.a from the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-27-2023
..... comment:32. 102. this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and scrutiny regarding their antecedents. integrity and merit have to be properly considered and evaluated in the appointments to such high positions. it is an ..... persons of integrity and competence for appointment of chairman of the public service commission and referred the question to a larger bench of three judges.45. i have already held that it is for the governor who is the appointing authority under article 316 of the constitution to ..... monitoring for compliance to the staff. granting consent for establishment, consent for operation & authorizations for industries, construction & other projects, under water (p&cp) act, 1974. air (p&c) act, 1981. hazardous waste (management and handling transboundry) rules, 2016, plastic waste (management & handling) rules 2011, bio medical waste(management & handling) rules, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-27-2023
..... comment:32. 102. this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and scrutiny regarding their antecedents. integrity and merit have to be properly considered and evaluated in the appointments to such high positions. it is an ..... persons of integrity and competence for appointment of chairman of the public service commission and referred the question to a larger bench of three judges.45. i have already held that it is for the governor who is the appointing authority under article 316 of the constitution to ..... monitoring for compliance to the staff. granting consent for establishment, consent for operation & authorizations for industries, construction & other projects, under water (p&cp) act, 1974. air (p&c) act, 1981. hazardous waste (management and handling transboundry) rules, 2016, plastic waste (management & handling) rules 2011, bio medical waste(management & handling) rules, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... hall, bengaluru concerning fir in crime no.55 of 2021 of indiranagar police station as also proceedings in c.c.no.247 of 2022 pending before the ii additional civil judge (senior division) and jmfc, davangere arising out of fir in crime no.103 of 2021 of women s police station, davangere stand quashed. consequently, pending applications, if ..... promise and not fulfilling a false promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the ..... legal position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... hall, bengaluru concerning fir in crime no.55 of 2021 of indiranagar police station as also proceedings in c.c.no.247 of 2022 pending before the ii additional civil judge (senior division) and jmfc, davangere arising out of fir in crime no.103 of 2021 of women s police station, davangere stand quashed. consequently, pending applications, if ..... promise and not fulfilling a false promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the ..... legal position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be ..... in the case of acquittal the order shall be passed to that effect in the main case and then proceed afresh against summoned accused. (emphasis supplied) five judge bench of the apex court lays down guidelines for the competent court to follow while exercising power under section 319 of the cr.p.c., the apex court ..... bhawan cgo complex, lodhi road new delhi - 110 003. represented by its assistant director. 2 . megacity (bangalore) developers and builders limited a company incorporated under the companies act, 1956 no.120, mega tower kengal hanumanthaiah road represented by its nominee director sri sajeevan c. v., ... respondents (by sri madhukar deshpande, spl.cgsc for r-1) .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be ..... in the case of acquittal the order shall be passed to that effect in the main case and then proceed afresh against summoned accused. (emphasis supplied) five judge bench of the apex court lays down guidelines for the competent court to follow while exercising power under section 319 of the cr.p.c., the apex court ..... bhawan cgo complex, lodhi road new delhi - 110 003. represented by its assistant director. 2 . megacity (bangalore) developers and builders limited a company incorporated under the companies act, 1956 no.120, mega tower kengal hanumanthaiah road represented by its nominee director sri sajeevan c. v., ... respondents (by sri madhukar deshpande, spl.cgsc for r-1) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-28-2023
..... require, for the purpose aforesaid. (3) any person attending the court, although not under arrest or upon a summons, may be detained by such court for the purpose of the inquiry into, or trial of, the offence which he appears to have committed. (4) where the court proceeds against any person under sub-section (1) then (a) the proceedings in ..... . section 319 of cr.pc reads as under: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried together ..... a prosecution witness (pw-9), in sessions trial no.8/2018, which is being held before the additional sessions judge, sirsa, haryana, under sections 458, 460, 2 323, 302, 148, 149 and 285 of ipc, 1860 read with section 25 of arms act, 1959. the incident is of 12:30 mid night dated 07.09.2017 which occurred at sirsa, haryana. .....
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