Court : Supreme Court of India
Decided on : Sep-05-2023
..... commission of an offence under section 40 civil appeal nos. 8629-8630 of 2014 page 2 of 31 of the border security force act, 1968 (in short, bsf act, 1968 ), that is for committing an act prejudicial to the good order and discipline of the force (bsf), and record of evidence was prepared. on completion of the record ..... ssfc dismissed the original petitioner from service.3. aggrieved by his dismissal from service, the original petitioner filed an appeal under section 117 of the bsf act, 1968 before the appellate authority. in the appeal, the original petitioner refuted the allegations of clicking pictures of the lady doctor while she was taking her bath and ..... the convening of, the constitution, procedure and practice of, courts of inquiry, the summoning of witnesses before them and the administration of oaths by such courts (n). ... (o). 23. in exercise of its powers conferred upon it by section 141 of the bsf act, 1968, the central government notified bsf rules, 1969. chapter vii of the bsf .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-05-2023
..... jmfc, kadur and its confirmation judgment and order dated 05.03.2019 in crl.a.no.69/2017 on the file of the court of ii addl. district and sessions judge, chikkamagalur, seeking to set aside the concurrent findings recorded by the courts below, wherein the respondent/accused was acquitted for the offences punishable under sections 504, 324, 498a ..... 's owner. thereafter, the respondent stated to have threatened her - 4 - nc:2023. khc:26727 crl.rp no.816 of 2019 with dire consequences. being annoyed by the act of the respondent, pw1 lodged a complaint on 20.12.2013 before the jurisdictional police. based on the complaint lodged by the complainant, fir came to be registered against the ..... the definition of victim stipulated under section 2(wa) of cr.p.c., which states that, a person who has suffered any loss or injury caused by reason of the act - 9 - nc:2023. khc:26727 crl.rp no.816 of 2019 or omission for which the accused person has been charged and the expression victim includes his or her .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-05-2023
..... merely because the insulted person did not actually break the peace or commit any offence having exercised selfcontrol or having been subjected to abject terror by the offender. in judging whether particular abusive language is attracted by section 504, ipc, the court has to find out what, in the ordinary circumstances, would be the effect of the ..... laying down offences even under sections 504 and 506 of the ipc. they are offences which are punishable with two years imprisonment. therefore, it cannot be a frolicsome act, on the part of the investigating officer to simply bring in sections 504 or 506 in a case - 26 - nc:2023. khc-d:10044 crl.p no ..... to be continued. he would take this court through the further statement recorded by the complainant to demonstrate that there are allegations against the petitioner specifying certain overt acts.6. the learned hcgp would toe in the lines of the learned counsel appearing for the 2nd respondent in seeking dismissal of the petition as the police have .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2023
..... , (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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2023
..... taken to their logical conclusion, without delay or dilution thereof. in the context of providing appropriate succour to the aggrieved litigant at the appropriate time10, the learned single judge acted rightly. in all fairness, we must note that the learned asg, during the course of arguments, did not contest the power per se of the high court ..... by the appellants to the national parties and free symbols shown in the notification for the present elections clearly shows that the same are in conformity with the 1968 order. thus, he submitted, the appellants are precluded from blowing hot and cold that they cannot and should not be permitted to selectively, as per their ..... 1 to 3 & 5 shall notify the symbol allotted to petitioner-party in terms of paragraphs 10 and 10(a) of election symbols (reservation and allotment) order, 1968, and allow the candidates set up by the petitioner-party to contest on the reserved election symbol (plough) already allotted to the party.5. aggrieved, the appellants .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2023
..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2023
..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-06-2023
..... account of acquisition. therefore, the applicability of section 11 of la act which deals with enquiry and award, and section 16 of la act which deals with power of collector to take possession, even in acquisition under the nit16act is sine qua non . while making an inquiry under section 11, the applicability of section 9 which deals with ..... a reference while dealing with the divergent views of two judges relating to taking over of possession without following the mandate of section 17 of the la act, vis a vis violation of constitutional guarantee to a citizen under article 300 ..... remedies available to him under the act. needless to say that the appellants shall be entitled to all statutory benefits.31. recently, the similar approach was adopted in the case of delhi airtech services pvt. ltd. and another vs. state of u.p. and another, (2022) scc online sc1408, wherein 3 judge bench of this court in .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-08-2023
..... of cr.p.c. making allegations against accused that accused has committed offence of dishonour of cheque attracting the penal provision of section 138 of the n.i.act. so, fundamentally filing of private complaint under section 200 of cr.p.c. is setting the criminal law into motion. the gist of offence committed by ..... criminal procedure, 1973, praying to set aside the judgment dated1611.2013, passed by the principal civil judge and jmfc, bagalkote, in c.c.no.797/2001 and convict the respondent/accused for the offence punishable under section138of negotiable instruments act in the interest of justice. this appeal coming on for orders this day, the court delivered the ..... need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry or trial to another magistrate under section 192: provided further that if the magistrate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-11-2023
..... 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. .....
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