Court : Supreme Court of India
Decided on : Oct-30-2023
..... driving licence is produced by a person employed to drive a vehicle, unless such licence is demonstrably fake on the face of it, warranting any sensible employer to make inquiries as to its genuineness, or when the period of the licence has already expired, or there is some other reason to entertain a genuine doubt as to its validity ..... bench observed that the ratio therein must not be read to mean that an owner of a vehicle can, under no circumstances, have any duty to make an inquiry with regard to the genuineness of the driving licence and the same would again be a question which would arise for consideration in each individual case. the argument that ..... under sub-section (1) of section 96. 11. thereafter, in national insurance co. ltd. vs. swaran singh and others3, a 3-judge bench of this court dealt with the interpretation of section 149 of the act of 1988. the cases before the bench involved, amongst others, instances where the driving licence produced by the driver or owner of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-30-2023
..... any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: provided that when any witness is called for the prosecution in such ..... inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the ..... totally discrediting this witness. it is here that we feel that the learned judges of the high court have gone wrong.20. the contractions in the two statements may or may not be sufficient to discredit a witness. section 145 read with section 155 of the evidence act, have to be carefully applied in a given case. one cannot lose sight .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, an authority to inquire into the truth thereof. xxx xxx xxx (5)(c) where the disciplinary authority itself inquires ..... case, was not only incorrect in its interpretation of the jurisdiction of the commandant and the obligation of the ssfc to furnish reasons under the bsf act 1968 and rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings. we implore courts to interpret service rules and statutory regulations ..... respect to the departmental proceedings conducted pursuant to the allegations of sexual harassment, made the following relevant observations: - 62. disciplinary authority is the sole judge of facts and once findings of fact, based on appreciation of evidence are recorded, the high court in its writ jurisdiction should not normally interfere with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... the facts of the present case and contents of regulations and circular of the bank, the said judgment being distinguishable, has no application. the learned single judge has correctly observed that as per the 1977 regulations, compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which ..... the board of directors based on the communication dated 19/11/2010 as referred by the learned single judge. the said resolution refers that the bank has suffered a loss of rs. 77.59 lakhs by an act of the appellant for which the penalty of compulsory retirement has 9 been directed. however, the ..... act ) and payment under the 1979 regulations. explanation to clause 14(1)(a) of the said circular makes it clear that the gratuity is payable on termination of service to an officer on completion of at least 10 years of service. it is clarified that the said termination should not be by way of punishment as dismissal or removal. learned single judge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... true that certain witnesses such as pw4 categorically mentioned certain accused persons holding particular weapons. as a solitary aspect, it can be seen as indicating a particular act done by the accused, aiding the death of the deceased person. however, the medical evidence of pw1 negates that possibility as well. the relevant extract of ..... has disbelieved such evidence. the discarding of eye-witness testimony is a fact- specific inquiry, and therefore the correction of such an action by the trial court shall be discussed later. 29 2023 scc online sc1060[3-judge bench]. 30 (1993) 3 scc282[2 judge bench]. 22- [cr. a no.866 of 2011].14. the law on circumstantial ..... to appreciate the principles that the courts must adhere to when adjudicating a case of this nature. principles in regard to dying declarations11 section 32 the indian evidence act, 18723 relates to statements, written or verbal of relevant fact made by a person who is dead or who cannot be found, in other words, dying declaration .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2023
..... by the central government in the exercise of powers under clause (b) of sub-section (3) of section 1 of the 1952 act. the respondent made an inquiry under section 7a of the 1952 act. the respondent held that the case of the appellant was covered by the notification dated 7th march 1962. a review petition was filed ..... commercial establishment covered by the notification dated 7th march 1962.4) learned counsel appearing for the respondent urged that the respondent, the appellate authority, the learned single judge and the learned division bench have concurrently held against the appellant. his submission is that the business of the appellant is admittedly not only of assembling or ..... b) of sub-section (3) will not include any factory. his submission is that, in fact, the counter filed by the respondent before the learned single judge contains an admission that the umbrella-making unit of the appellant is not an industry included in schedule i. he relied upon a decision of the apex court in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-09-2023
..... ones in the court of jurisdictional magistrate. since the case was exclusively triable by the sessions court, the same came to be committed to the sessions judge, muzaffarnagar. following which, charges were framed against appellants madan and sudesh pal and other accused persons, namely, kunwar pal and ishwar for offences punishable under ..... a prisoner sentenced to transportation for life to an unconditional release on the expiry of a particular term including remissions. the rules under the prisons act do not substitute a lesser sentence for a sentence of transportation for life.8. the question of remission is exclusively within the province of the appropriate ..... section 323 read with section 149 of ipc. the trial court further sentenced accused ishwar to five years rigorous imprisonment under section 25 of the arms act. 2.20 being aggrieved thereby, the accused persons preferred their respective appeals before the high court with regards to the conviction and sentence awarded by .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-18-2023
..... representing the petitioner would vehemently contend that the crime so registered for offences punishable under section 13(1(b) r/w 13(2) of the act is loosely registered. no preliminary inquiry which is necessary to be conducted is not even conducted, no source report is drawn and there is no permission from the 6 competent authority to ..... at annexure a and b pending on the file of the23d additional chief metropolitan magistrate, at bengaluru now it has been transferred to lxxi additional city civil and sessions judge at bengaluru (cch-82) for the offence p/u/s.13(1)(b) r/w sec.13(2) of prevention of corruption act1988against the petitioner herein. ..... to further investigate the information, which is reduced in writing. the five judge bench of the apex court reiterates the judgment of five judge bench in the case of lalita kumari v. state of u.p.6 and observes that there shall be a preliminary inquiry held before recording fir. as observed hereinabove, the communication under section 66( .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-18-2023
..... teacher and that she was not regularly selected and appointed as teacher in the institution and, therefore, no question of conducting any department inquiry could arise. (e) that in the certificate of accused pradeep purporting to act in the capacity of the head master of the institution not only certified that experience of giving lessons to the students he further ..... the court of civil judge and jmfc., kushalnagar.6) criminal case no.429/2018 on the file ..... /2012 on the file of the court of prl. district and sessions judge, kodagu, madikeri.3) criminal case no.648/2012 on the file of the court of addl. civil judge and jmfc., somwarpet.4) criminal case no.1968/2013 on the file of the court of addl civil judge and jmfc., somwarpet5) criminal case no.428/2018 on the file of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2023
..... bengaluru. 3.2. on 09.11.2021, the accused-husband filed a divorce petition m.c. no.5786/2021 under section 13 of the hindu marriage act, 1955 before the principal judge, family court, bengaluru, karnataka. notice was issued in the divorce petition on 15.11.2021. 3.3. on 07.03.2022, the complainant-wife filed ..... magistrate(s). the provisions granting power to take cognizance (section157) or power to investigate (section 156), are in 12 accordance with the concept of ordinary place of inquiry and trial, as stated in chapter xiii of the crpc. iii. therefore, the court under whose territorial jurisdiction the offence was committed becomes the court of competent ..... courts to impose conditions limiting relief in terms of time, or upon filing of fir, or recording of statement of any witness, by the police, during investigation or inquiry, etc. the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering .....
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