Court : Karnataka
Decided on : Aug-04-2023
..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be ..... the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to ..... mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2023
..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be ..... the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to ..... mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2023
..... 2014 and 21/2014.151. insofar as the contention regarding forest area is concerned and regarding forest produce, the learned special judge has recorded a finding by relying on section 80 of the karnataka forest act that there is a presumption that forest area belongs to the government until the contrary is proved.152. it must be ..... the office of chief 44 minister, after perusal of which sanction was accorded by the chief minister. the learned special judge at para-38 of the order has referred to presumption with regard to official acts while discussing the attacks as regards to procedure that was required to be followed by the officials.59. while referring to ..... mentioned facts and punishable under the provisions of any law in respect of aforesaid acts for taking cognizance of the said offences by a court of competent jurisdiction." 110 113. clearly, the sanction order speaks for itself and the learned special judge nor this court are sitting in appeal and in the absence of any allegation .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2023
..... .9 filed under order 12, rule 6 of c.p.c. and consequently, dismiss the suit in o.s.no.138/2014 on the file of the senior civil judge and jmfc, chintamani.3. the factual matrix of the case of the plaintiff before the trial court is that the plaintiff and first defendant are the brothers and sons of ..... and land bearing sy.no.82/4 measuring 4 acres, totally 8 acres situated at kamatampalli village, ronur hobli, srinivaspura taluk under the registered sale deed dated 10.05.1968. the plaintiff and first defendant are in joint possession and enjoyment of the said land and the plaintiff is having definite share in the said land. it is also the ..... inquiry is required and the trial court only ought to have considered the admission in evidence and the same is enough for disposal of the suit. the counsel also would vehemently contend that, even if the property is purchased in the name of the brother, the same amounts to benami prohibition and the same attracts by virtue of benami prohibition act .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-04-2023
..... and is subject to the process of the court during the course of the trial. 15 at this stage, the court must notice that the district judge while acting as a trial judge in the suit exercised discretion under order xxvi rule 10a to direct a scientific investigation by the asi. the order of the learned trial ..... mentioned in the report or as regards the report including the manner in which the investigation has been made. the court is also empowered to direct such further inquiry if it is dissatisfied with the proceedings of the commissioner. the evidentiary value of any report of the commissioner is a matter to be tested in the suit ..... the investigation. (3) commissioner may be examined in person. where the court is for any reason dissatisfied with the proceedings of the commissioner, it may direct such further inquiry to be made as it shall think fit. 10-a. commission for scientific investigation. (1) where any question arising in a suit involves any scientific investigation which cannot, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2023
..... property has been recovered, being the proceeds of crime. further, the expression investigation used in the 2002 act is interchangeable with the function of inquiry to be undertaken by the authorities under the act, including collection of evidence for being presented to the adjudicating authority for its consideration for confirmation of provisional ..... and special leave petition (criminal) nos. 8652-8653 of 2023 respectively. with the limited grievance over the file being sent back by the third learned judge, the respondents filed special leave petition (criminal) no.8750 of 2023. two more special leave petitions have been filed by respondents being special leave petition ..... seeking a direction that the first 15 days custody period should not come in the way of actual period of custody, before the learned principal sessions judge, the respondents approached this court in special leave petition (criminal) no.7437 of 2023. incidentally, another special leave petition (criminal) no.7460 of .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2023
..... the court made the following: order the petitioner is before this court calling in question registration of crime in crime no.89 of 2023 pending before the principal civil judge & jmfc, harapanahalli, vijayanagara district for offence punishable under section 171f of the ipc.2. heard sri uday holla, learned senior counsel along with sri. vinod kumar ..... ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or ..... the concerned act, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fide and/or where the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2023
..... , the court delivered the following: judgment1 aggrieved by the judgment and award dated 30.08.2017 passed in mvc no.397/2015 by the court of the senior civil judge and jmfc, kollegal (for short the tribunal ), the petitioners therein have preferred this appeal.2. for the sake of convenience, the parties are referred to herein as ..... deprivation where a person suffers because of the accident. though it is impossible to equate human suffering and personal deprivation with money, this is what the motor vehicles act, 1988 enjoins the court to do. the court has to make a judicious attempt to award damages so as to compensate the claimant for the loss suffered by ..... deceased, but are not his family members and not dependant on him, what is the compensation that they are entitled to.9. section 166(1) of the motor vehicles act, 1988 reads as under:"166. application for compensation: (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-07-2023
..... camps and other places to bridge the informational vacuum; i. providing dignity in the disposal of dead bodies; and j. appointment of a commission of inquiry to enquire into dereliction of duty by public servants.15. the circumstances which justify the intervention of this court in the exercise of its jurisdiction under ..... , compensation awarded, date of payment and the persons to whom the payment was made; d. the member-secretary nalsa shall monitor together with the three-judge committee on measures taken for witness protection, compensation and the rehabilitation and treatment of victims; and e. issuing directions to the state of manipur to settle ..... has been commanded to disperse.10. 153a promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony.11. 186 obstructing public servant in discharge of public functions. 3212. 302 punishment for murder.13. 324 voluntarily causing hurt by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2023
..... to by the high court already. the more recent case is p.v. jagannath rao v. state of orissa [air1969sc215: (1968) 3 scr789 . it hardly needs any authority to state that the inquiry will be ordered not by the minister against himself but by someone else. where a ministry goes out of office, its ..... evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. that is the function of the trial judge. judicial process, no doubt should not be an instrument of oppression, or, needless harassment. court should be circumspect and judicious in exercising discretion and should ..... involved in the various criminal activities. the main allegations against mohd. iqbal are as follows: amassed disproportionate assets; incorporated a number of sham companies under the companies act, 1956, many of which have dummy directors or fictitious shareholders; used golbal university in saharanpur (located in exceeding area more than 700 acres, where he is .....
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