Court : Supreme Court of India
Decided on : Jan-24-2023
..... an element of callousness to the result, which denotes or signifies the intention. in state of madhya pradesh v. ram prasad,11 this court held that:11. 1968 (2) scr52214 although clause fourthly is usually invoked in those cases where there is no intention to cause the death of any particular person (as the illustration shows ..... houses, and allegedly assaulted the deceased. therefore, in these circumstances, it is argued, the appellants are 3 liable only to the extent of their individual overt acts. it was argued alternatively, that the incident happened all of a sudden and without premeditation. the appellants had no intention to cause death but deter vrindawan from ..... holding that the offence did not fall within murder. similarly, three judges of this court, in santosh s/o. shankar pawar v. state of maharashtra12 observed, 13. even assuming that the accused had no intention to cause the death of the deceased, the act of the accused falls under clause fourthly of section 300 indian penal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2023
..... of jharkhand & anr.-. criminal appeal nos.1703-1704 of 2022 dated 29.09.2022.4. in sahab alam case (supra) we had dealt with the orders passed by the learned judge in various matters granting bail on condition of depositing substantive sums of money without consideration of the requirements of bail dependent on the nature of offences and thus, it was ..... , before the decision of the appeal. under sub-section (3) it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. sub-section (4) also provides for the appellate court or the high court or court of sessions to direct payment of .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jan-31-2023
..... .202224/2021 -8- upper krishna project in narayanapura and directed him to submit fresh proposal on examining the effect of order of acquittal passed by the learned sessions judge.10. on 24.05.2021, respondent no.2 issued another communication as per annexure-m stating that it has received reminders from upalokayukta for not taking action against ..... order.5. pending the above criminal case, respondent no.3 the upalokayukta acting under section 12 of the karnataka lokayukta act, 1984 (for short kl act ) referred the matter to w.p.no.202224/2021 -5- respondent no.4 i.e. additional registrar (enquiries-11) for an inquiry. before respondent no.4 the petitioner submitted his reply as per annexure-c1 ..... sheet filed by karnataka lokayukta police in the above said case, the petitioner was tried in special (corruption) case no.1/2012 by the principal sessions judge, raichur for the charges for the offences punishable under sections 7, 13(1)(d) read with section 13(2) of the prevention of corruption .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2023
..... expenditure without protest or objection, mandatory injunction could be declined and damages could be given. as held by the learned single judge we are of the considered view that in a case where the owner of the land filed suit for recovery of possession of his land from the encroacher ..... the absence of serious injury to the plaintiff is a ground for depriving the latter for his legal right to the property.21. true that the learned single judge further held that if the plaintiff is guilty of laches amounting to acquiescence or has knowingly permitted the defendant to make the construction and made him to incur heavy ..... to purchase another man s property against that man s will. in bodi reddy s decision (supra) the learned judge held that in a suit for recovery of possession filed within the period of limitation provided under limitation act, the doctrine of laches or acquiescence has no place to defeat the right of the plaintiff to obtain the relief .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-2023
..... issue was taken up by the cmda by letter dated 22.03.1981, government issued goms dated 08.10.1982. the learned judge has found that the government exercised power under section 32 of the act. what we are indicating is that the reservation of the land for communal or recreational purposes in individual cases, on the basis ..... notice or hearing, no one can insist upon it and it is not permissible to read natural justice into such legislative activity. moreover, a provision for such inquiry as it may consider necessary by a subordinate legislating body is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and ..... v. board of ed. of township high school dist. 205, will cty., 391 u.s. 563, 568, 88 s.ct. 1731, 1734, 20 l.ed.2d 811 (1968). petitioner contends that the city has forced her to choose between the building permit and her right under the fifth amendment to just compensation for the public easements. petitioner does .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2023
..... section 436a of the 1973 code could be invoked by the accused arrested for offence punishable under the 2002 act. (xv)(a) the process envisaged by section 50 of the 2002 act is in the nature of an inquiry against the proceeds of crime and is not investigation in strict sense of the term for initiating prosecution; and ..... or after the decision of the larger bench (seven judges) of this court in the case of rojer mathew. (ii) the expression proceedings occurring in clause (na) of section 2(1) of the 2002 act is contextual and is required to be given expansive meaning to include inquiry procedure followed by the authorities of ed, the adjudicating authority ..... iii) the expression investigation in clause (na) of section 2(1) of the 2002 act does not limit itself to the matter of investigation concerning the offence under the act and is interchangeable with the function of inquiry to be undertaken by the authorities under the act. (iv) the explanation inserted to clause (u) of section 2(1) of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-20-2023
..... be shown that the legislation complained of is a piece of hostile legislation. the expressions discriminatory and hostile are found to be used by american judges often simultaneously and almost as synonymous expressions in connection with discussions on the equal protection clause. if a legislation is discriminatory and discriminates one person ..... person could have taken. these principles were consistently followed in the uk and in india to judge the validity of administrative action.44. the classification made by gnoida does not find its footing in the land acquisition act, or the up-land acquisition rules, and hence is contrary to law. the said ..... act that the judiciary is called upon to do in determining the constitutionality of such state action - whether legislative, executive, administrative or otherwise. the relevant paragraph of the judgment has been mentioned herein: the principle of proportionality has been recognized in a slew of cases by this court, most notably in the seven-judge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-21-2023
..... whether there is sufficient evidence against the appellants to summon them as additional accused?.12. section 319 cr.p.c. contemplates that: .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 ..... .01.2020 whereby the high court of punjab and haryana at chandigarh (in short high court ), while setting aside the order dated 12.07.2018 passed by the additional sessions judge, nuh, has ordered the summoning of the appellants under section 319 of the code of criminal procedure, 1973 (hereinafter cr.p.c. ) as additional accused. a. f ..... person could be tried together with the accused . the words used are not for which such person could be convicted . there is, therefore, no scope for the court acting under section 319 crpc to form any opinion as to the guilt of the accused.14. this court has very recently, in sukhpal singh khaira vs. the state of .....
Tag this Judgment!