Court : Supreme Court of India
Decided on : Dec-01-2023
..... 323, 504 of indian penal code, 1860 (hereinafter being referred to as the ipc ) and section 3(2)(v) of the sc/st act. by the said order, the learned special judge also directed that the accused appellants shall remain present in the court on the appointed date.3. it may be mentioned that vide order dated 19th ..... of the complainant party simply because they were canvassing for the other political party.9. the court was taken through the order passed by the learned special judge with particular reference to the allegation that the investigating officers were pressurised to give negative report under section 173 crpc. using their political clout, the accused persons ..... learned appellate court affirmed the order dated 14th 1 criminal appeal @ slp(criminal) no.5323 of 2023 march, 2023 passed by the learned special judge sc/st(poa) act, hathras in session case no.228/2021, rejecting the application for discharge filed by the accused appellants under section 227 of the criminal procedure code, 1973( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-2023
..... that the period for filing appeal shall remain suspended still stamp paper is furnished and the partition decree is drawn thereon and signed by the judge. the whole purport of the stamp act is to make available certain dues and collect revenue, but it does not mean and imply an overriding effect on another statute operating in ..... inspect or scrutinize the dealings between the parties for the existence of an arbitration agreement. moreover, the expression examination does not connote or imply a laborious or contested inquiry.148 on the other hand, section 16 provides that the arbitral tribunal can rule on its jurisdiction, including the existence and validity of an arbitration agreement. a ..... 16(1) to observe that the arbitral tribunal may rule on its own jurisdiction, which makes it clear that it refers to whether the arbitral tribunal may embark upon an inquiry into the issues raised by the parties to the 123 fiza developers and inter-trade (p) ltd. v. amci (i) (p) ltd., (2009) 17 scc796124 ( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... to resolve the issues between the parties and to determine their rights. it is also 1-slp (c) no.14445 of 2021 not a sport; it is an inquiry into the truth, in which the general public has an interest. it would be useful to also refer to the objectives in framing rules for conducting civil proceedings. ..... plaintiff by producing documents during the course of cross- examination (emphasis supplied) 5.1 in vinayak m dessai (supra) the learned single judge observed : 17. evidence in terms of section 3 of the evidence act, 1872 means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matters ..... of fact under inquiry; such statements being called oral evidence and all documents including electronic records produced for the inspection of the courts being the documentary evidence. section 118 of the said act provides for the persons who may testify and reads that all persons must be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... and order dated 28th july, 2000, the appellant was convicted and sentenced to undergo imprisonment for a period of 7 (seven) years by the addl. sessions judge, solapur, maharashtra. immediately thereafter, a criminal appeal was preferred by the appellant challenging the judgment of conviction and order of sentence. pending the appeal, the bombay ..... be oblivious that the parliamentarians themselves are instrumental in enacting the central laws, including the rop act. once they have laid down a standard under the rop act by which an individual parliamentarian s actions are to be judged, those standards ought not to be relaxed simply on the consideration that the electorate would stand ..... the serious offence for which he has been convicted by the special judge, we are not inclined to suspend the conviction and sentence awarded by the special judge in the present case . (emphasis supplied) 16. the vires of section 8(4) of the rop act came to be challenged in lily thomas v. union of india10, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... against government servant, the appointing authority has to be satisfied about the allegations contained therein and further such allegations have any substance enabling to hold formal disciplinary inquiry against the government servant for imposition of major penalty against him. before such satisfaction is arrived at with regard to such allegations, it is not open for ..... view, reliance in that decision was placed on s. govinda menon v. union of india, [(1967) 2 scr566: air1967sc1274 an earlier decision by a bench of two judges. 22 38. in kul bhusan chopra v. punjab national bank and ors. (1979) iillj86del the delhi high court while considering the suspension of the petitioner under clause ..... disciplinary proceedings as per law.49. the main allegation against respondent no.1 is that on 05.01.2019 and 06.01.2019, he was directed to act as duty magistrate during the haryana teacher s eligibility test, 2018 and he remained absent from this duty and as such he was negligent in performing his .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... served) - 3 - nc:2023. khc:45568 mfa no.784 of 2019 this mfa is filed u/s301) of eca act, 1923 against the judgment and award dated1709.2018, passed in eca no.64/2014 on the file of the iv additional senior civil judge & jmfc, mysuru, awarding compensation of rs.4,69,640/- with interest @ 12% p.a. from the date ..... this appeal by the insurance company is directed against the judgment and award dated 17-09-2018 passed in eca no.64/2014 by the learned iv additional senior civil judge and jmfc, mysuru, whereby a sum of rs.4,69,640/- has been awarded as compensation together with interest at 12% p.a. fastening liability on the insurance ..... petition is for the purposes of directing the insurance company to delete the clause in the insurance policy which provides that in cases of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on the insurance company. .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... this day through video conferencing at kalaburagi, the court delivered the following: judgment being aggrieved by the judgment and the award passed by the learned iii addl. senior civil judge and jmfc mangaluru, d.k. in mvc.no.1723/2012 dated 22.06.2016, the respondent no.2-national insurance company limited as well as the petitioner have ..... a.n krishna swamy, advocate for r-2; r-1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206/2016, passed in mvc.no.1723/2012, on the file of the iii additional senior civil judge & jmfc., mangaluru, d.k. partly allowing the claim petition for compensation and seeking enhancement of compensation. these ..... 201. respondents (by sri guruprasad b.r. for r1; r-2 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206.2016 passed in mvc no.1723/2012 on the file of the iii additional senior civil judge, & jmfc, mangaluru, d.k., awarding compensation of rs.7,12,095/- with interest @ 9% p.a. from .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... this day through video conferencing at kalaburagi, the court delivered the following: judgment being aggrieved by the judgment and the award passed by the learned iii addl. senior civil judge and jmfc mangaluru, d.k. in mvc.no.1723/2012 dated 22.06.2016, the respondent no.2-national insurance company limited as well as the petitioner have ..... a.n krishna swamy, advocate for r-2; r-1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206/2016, passed in mvc.no.1723/2012, on the file of the iii additional senior civil judge & jmfc., mangaluru, d.k. partly allowing the claim petition for compensation and seeking enhancement of compensation. these ..... 201. respondents (by sri guruprasad b.r. for r1; r-2 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206.2016 passed in mvc no.1723/2012 on the file of the iii additional senior civil judge, & jmfc, mangaluru, d.k., awarding compensation of rs.7,12,095/- with interest @ 9% p.a. from .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... and on payment of such fee as may be prescribed. (3) on receipt of an application relating to service matters, the tribunal shall, if satisfied after due inquiry, as it may deem necessary, that it is fit for adjudication by it, admit such application; but where the tribunal is not so satisfied, it may ..... high courts are conscious enough to understand that such power must be exercised sparingly by them to ensure that they do not become alternate forums of appeal. a five-judge bench in sangram singh v. election tribunal [sangram singh v. election tribunal, (1955) 2 scr1: air1955sc425 whilst reiterating that jurisdiction under article 226 could not be ..... and be given an opportunity for consideration by the promotion board constituted under such new policy?. consideration and conclusion13 the preamble to the armed forces tribunal act, 2007 reads- an act to provide for the adjudication or trial by armed forces tribunal of disputes and complaints with respect 13| [civil appeal no.14524 of 2015]. to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2023
..... benches in cases referred above. the three-judge bench 21 in vijay madanlal choudhary case (supra) having already examined in detail the constitutional validity of section 19 of pmla on the touchstone of article ..... mandate of article 21(1) of the constitution of india, any observation made or any finding recorded by the division bench of lesser number of judges contrary to the said ratio laid down in vijay madanlal choudhary (supra) would be not in consonance with the jurisprudential wisdom expounded by the constitution ..... reproduced herein below: - 324. ..in other words, the role of the authorities appointed under chapter viii of the 2002 act is such that they are tasked with dual role of conducting inquiry and collect evidence to facilitate adjudication proceedings before the adjudicating authority in exercise of powers conferred upon them under chapters iii and .....
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