Array
(
    [0] =>  .....  service without anything more during or at the end of the prescribed period, which is styled as period of probation. the mere holding of preliminary inquiry where explanation is called from an employee would not make an otherwise innocuous order of discharge or termination of service punitive in nature. therefore, the  .....  that it was passed in violation of the principles of natural justice.2. assailing the same, the appellants/state preferred first appeal before additional district judge, amritsar. simultaneously, the respondent-plaintiff also filed a first appeal and sought relief of mandatory injunction on the ground that since the order discharging him ..... above, the allegation of serious misconduct is common, unlike in the instant case, wherein, the foundation of discharge is not on any serious allegation or act of misconduct. the discharge order was passed on the recommendation of the concerned supervisory authority of the training centre due to prolonged absence from training without ..... 
    [1] =>  ..... 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  .....  (pw-2) who claimed to have seen the accused fleeing away from the scene of offence by taking into consideration the attendant circumstance, learned first additional district judge convicted the accused for the offence punishable under sections 450 & 302 ipc. the accused was sentenced to undergo rigorous imprisonment for five years and to pay a  .....  the high court dismissed 2 the appeal filed by the appellant herein thereby affirming the judgement and order of conviction and sentence passed by the first additional district judge (ncr) tiruchirappalli in case no.226 of 2010.3. the facts in brief, shorn of unnecessary details leading to the filing of this appeal are as  ..... 
    [2] =>  .....  tendered an unqualified apology, no exception can be taken to the decision of the high court that the application for transfer did constitute contempt because the judges were scandalized with a view to diverting the due course of justice, and that in signing this application the two advocates were guilty of contempt. that ..... of caution and unless, thus, otherwise satisfied beyond reasonable doubt, it would neither be fair nor reasonable for the law courts to exercise jurisdiction under the act. the proceedings are quasi-criminal in nature, and therefore, standard of proof required in these proceedings is beyond all reasonable doubt. it would rather be .....  premeditated; malicious; done with evil intent, or with a bad motive or purpose, or with indifference to the natural consequences; unlawful; without legal justification. an act or omission is "willfully" done, if done voluntarily and intentionally and with the specific intent to do something the law forbids, or with the specific intent to ..... 
    [3] =>  ..... , (1975) 2 scc326 it was held:9. 25. proof beyond reasonable doubt is proof by a higher standard which generally governs criminal trials or trials involving inquiry into issues of a quasi-criminal nature. a criminal trial involves the liberty of the subject which may not be taken away on a mere preponderance of probabilities. ..... giving special protection and benefits to vulnerable groups in the society. prof. madhava menon describes it eloquently: it is, therefore, respectfully submitted that social context judging is essentially the application of equality jurisprudence as evolved by parliament and the supreme court in myriad situations presented before courts where unequal parties are pitted in  ..... of one year or upwards after the passing of a decree for restitution of conjugal rights in a proceeding to which they were parties.3. the amending act of 1976 (act 68 of 1976) had introduced clauses (ia) and (ib) to section 13 and section 13a etc. to liberalize grant of divorce. the statement of ..... 
    [4] =>  ..... government servants. all government servants of whatever category, class, or level, are provided protection under section 17a of the pc act, 1988. the said provision is reproduced hereunder:17. . enquiry or inquiry or investigation of offences relatable to recommendations made or decision taken by public servant in discharge of official functions or duties.--  .....  upon by the parties which will be shortly discussed hereinafter relate to the interpretation of the said word void by various constitution benches and a seven-judge bench and other regular benches. in the oxford dictionary, the word void is defined to mean something is not legally valid or binding, when used ..... have jurisdiction to initiate investigation against the respondent without prior approval of the central government. it further stated that the view taken by the learned single judge of the delhi high court in the impugned order dated 05.10.2006 is correct and effectively captures the purpose of enactment of a provision.  ..... 
    [5] =>  ..... has not been any change in the governing council has been upheld by the respondents themselves in the inquiry report dated 06.06.2022 submitted to this court and on this ground also, the impugned order of the learned single judge and the directions issued in the impugned order dated 01.01.2022 deserve to be set aside. ..... following points arise for consideration in the present appeal:- (i) whether there was change in the governing council of the appellants attracting section 41(5) of the said act of 1983 r/w the governing council rules warranting initiation of enquiry against the appellants?. (ii) whether the appellants had violated rule 3(17) of the said rules  ..... by coming to the erroneous conclusion that there was change in the governing council of appellant no.2 college as contemplated under section 41(5) of the said act of 1983 warranting compliance of the said governing council rules by the appellants. in this context, learned senior counsel pointed out that mere change of the trustees of ..... 
    [6] =>  .....  of case within the state under section 407 and anywhere in the country under section 406 cr.p.c. the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary based upon conjectures and surmises. if it appears that the dispensation of criminal justice is not possible impartially  ..... that there is justifiable and reasonable apprehension of miscarriage of justice as well as likelihood of bias, allowed the transfer petition pending on the file of xith additional sessions judge (special court no.1) chennai, state of tamil nadu to the state of karnataka. while directing the transfer this court permitted the state of karnataka in consultation with ..... be committed for trial to a court of session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) the high court may act either on the report of the lower court, or on the application of a - 18 - nc:2023. khc-k:7527 crl.p no.200338 of 2023 party interested, ..... 
    [7] =>  .....  appeal no.688 of 2011 etc. page 39 of 44 irregularity occurred, that is, from the stage of questioning the accused under section 313 crpc and the trial judge may be directed to examine the accused afresh and defence witness, if any, and dispose of the matter afresh. 30.4 the appellate court may decline to remit .....  co-accused babu ram used a firearm while committing the offences punishable under section 302/307/34 i.p.c and thus committed an offence u/s 27 of arms act. what have you to say?. apart from the incriminating circumstances extracted above, various other pieces of evidence such as injury reports, recovery memorandums, autopsy/ medical reports, etc ..... is well established that a common intention presupposes prior concert. it requires a pre-arranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been 19 air1955sc216criminal appeal no.688 of 2011 etc. page 26 of 44 done in furtherance of the common intention of them all: mahbub  ..... 
    [8] =>  .....  testator, the plaintiffs filed a case for receiving the testator s dues wherein a succession certificate was issued in favour of respondent no.1 by vi additional district judge, jabalpur vide order dated 05.07.1995. proceedings stood concluded with the reversal of such an order by the high court of madhya pradesh in terms of order ..... into the facts of the case, it is pertinent to reproduce the relevant provisions dealing with the validity and execution of the will. section 63 of the indian succession act, 1925 execution of unprivileged wills every testator, not being a soldier employed in an expedition or engaged in actual warfare, or an airman so employed or engaged,  ..... effect of the dispositions in the will; sound, certain and disposing state of mind and memory of the testator at the time of execution; testator executed the will while acting on his own free will; x. one who alleges fraud, fabrication, undue influence et cetera has to prove the same. however, even in the absence of such  ..... 
    [9] =>  ..... unzipping the seat cover of the rear back seat of the vehicle, two more similar packets wrapped in khaki tape were recovered. the prosecution claims that on inquiry, satnam singh5 disclosed that the packets contained heroin that he had brought from amritsar with the assistance of balwinder singh3 and a person named harpreet singh alias  .....  judgment dated 08th july, 2013 passed by the division bench of the high court of punjab and haryana at chandigarh deciding the murder reference1 prepared by the judge, special court for confirmation of death sentence, appeal2 preferred by balwinder singh3 and the appeal4 filed by satnam singh5. 1 murder reference no.5 of 2012  ..... burden of proving his innocence did not shift back to him. in the case of noor aga38 (supra), a two-judges bench of this court was required to decide several questions, including the constitutional validity of the ndps act and the standard and extent of burden of proof on the prosecution vis- -vis the accused. after an extensive  ..... 
    [10] =>  ..... under the contract to be recovered from the running bills. it was further observed that disclosure of such facts would have put the bank to further inquiry as to what was the amount covered by those bills and what was the corresponding amount of the mobilisation advance and to what extent the amount  ..... constitutes an independent contract. in hindustan construction co. ltd. v. state of bihar [hindustan construction co. ltd. v. state of bihar, (1999) 8 scc436 , a two-judge bench of this court formulated the condition upon which the invocation of the bank guarantee depends in the following terms : (scc p. 442, para9) 9. what is important, .....  between: pg setty construction technology pvt. ltd., represented by its md m.g.somashekar having its registered office at #74, sandesh arcade, 3rd floor registered under companies act, 1986 sahukar chennaiah road17h main, kuvempunagar north saraswathipuram mysore 09 reg. no.2558411999 ... petitioner (by sri jayakumar s. patil, senior advocate a/w., sri v.v ..... 
    [11] =>  .....  aforesaid, who would meet out harassment or torture to the wife to satisfy their unlawful demands of dowry.11. if the aforesaid hyper-technical contention is accepted, it would act against the interests of women and the object for which the provision was added. the enactment of the legislature with the aforesaid purpose cannot be rendered illusory by a declaration ..... divorce notice from the husband, defeats the very object of section 498a of the ipc, or even complaints made under section 12 of the protection of women from domestic violence act, 2005. the purpose in introducing chapter xx-a bringing in section 498a in the indian penal code was with the objective to prevent torture to a women by her  ..... respondent no.1 police in cr.no.61/2022 pending on the file of the honble viii addl.civil judge and j.m.f.c mysuru for the offence p/u/s498, 307, 506 of ipc and sec.3, 4 of d.p act. this criminal petition having been heard and reserved for orders on3005.2023, coming on for pronouncement this day ..... 
    [12] =>  ..... and minor partner with a particular share in the firm. the firm owing to certain omissions and commissions on the part of the petitioner initiates inquiry by issuance of a charge sheet on 10-05-2022. calling upon the said proceedings, the petitioner files a commercial arbitration application in com. ..... for the aforesaid reasons, the following: order (i) writ petition is allowed. (ii) it is declared that the concerned lxxxv additional city civil and sessions judge, commercial court, bengaluru 36 has no jurisdiction to consider and adjudicate ma no.1/2023 and therefore, the proceedings stand obliterated. (iii) the obliteration of ..... block, koramangala bengaluru 560 034. ... petitioner (by sri nishanth a.v., advocate) and:1. . elior india food services llp incorporated under the limited liability partnership act, 2008 having its office at:001. campus3, ecospace, outer ring road, bellanduru bengaluru 560 103 representedby its designate partner/ authorized signatory mr.rohit sawhney. ... respondent ..... 
    [13] =>  ..... revision petitioner are causing or calculated to cause alarm, danger or harm to person or property by reproducing section 55(a) of the act, itself cannot be said as sufficient evidence to have subjective satisfaction of respondent no.5 regarding the apprehension without making any enquiry. therefore, ..... impugned order under revision passed by respondent no.5 for non-compliance of mandatory requirement in terms of sections 55 and 58 of the act and without conducting any enquiry cannot be legally sustained. consequently, proceed to pass the following: order revision petition filed by revision petitioner is .....  furnish the security bond as required or fails to appear before the officer or authority during the inquiry, it shall be lawful to the officer or authority to proceed with the inquiry and thereupon such order as - 8 - crl.rp no.100084 of 2023 was proposed to be ..... aside. pending ia-1/2023 does not survive for consideration. accordingly, it is disposed of. (sd/-) judge jm/ list no.:1. sl no.:2. ..... 
    [14] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [15] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [16] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [17] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [18] =>  .....  officer, ftc & mact, mysuru and the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru, are hereby modified holding that the owner of the offending vehicles i.e., tata sumo and motorcycle respectively are liable to pay compensation to the claimants  ..... is filed by the insurance company challenging the judgment and award dated 23.09.2011 passed in m.v.c.no.91/2008 on the file of the prl. district judge and mact, chikmagaluru (hereinafter referred to as the tribunal for brevity) fastening the liability on the insurance company to pay the compensation. mfa no.5338/2010 is filed .....  chikmagalur taluk respondents (by sri. n r ravikumar .,advocate for r2; r1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated239.2011 passed in mvc no.91/2008 on the file of principal district judge & mmact, chikmagalur, awarding a compensation of rs.34,000/- with interest @ 6% p.a. from the date of petition ..... 
    [19] =>  ..... the appeal is allowed in part. ii) the judgment and award dated 21.3.2012 in mvc no.650/2010 on the file of district judge & additional mact-11, i fast track court, shimoga, is modified. iii) the appellant/insurance company shall pay compensation of rs.5,37 ..... by the insurance company challenging the judgment and award dated 21.3.2012 in mvc no.650/2010 on the file of district judge, additional mact-11, i fast track court, shimoga.2. the brief facts of the case are as under: the claimant  ..... therefore, so far as the claimant's case is concerned, he is not entitled to compensation under the provisions of the e.c.act. therefore, prays to set aside the judgment and award passed by the tribunal.6. further, learned senior counsel submitted that the  .....  for r3; r1 and r2 are served) this mfa is filed u/s1731) of mv act against the judgment and award dated213.2012 passed in mvc no.650/2010 on the file of district judge, additional mact-ii, i fast track court, shimoga, awarding compensation of rs.9,80 ..... 
)