Court : Supreme Court of India
Decided on : Mar-03-2023
..... 20 days of age as on 15.12.2017, and being below 16 years of age, he was child as per section 2(12) of j.j.act, 2015. accordingly, the inquiry proceedings are concluded.6. at the outset learned senior counsel for the appellant has clarified that for the present he is only pressing the plea of juvenility and ..... to the juvenile without interfering with the conviction recorded by the court concerned and thereby complied with the mandate of section 7-a(2) of the act.24. similar view was taken by a two-judge bench of this court in the case of mahesh vs. state of rajasthan and others6, wherein this court confirmed the conviction. however, the sentence ..... along with the report in the week commencing 31st october 2022.5. pursuant to the said order, a report has been received from the court of first additional sessions judge, manawar, district dhar, madhya pradesh dated 27.10.2022 running into 20 pages along with all the material evidence both documentary and oral adduced before it on the basis .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2023
..... behalf of the defence. however, the appellant filed a written statement, which we propose to refer to at a later part of this judgment. the additional sessions judge largely relied on the statements of p.w.2, p.w.3, and p.w.4 to convict the appellant. the court concluded that the appellant committed ..... the appellant, as claimed, was attempting to save himself from getting injured. the exculpatory circumstances sought to be established are (i) the appellant s description of the act complained of as involuntary, which was compelled by inevitable 15 circumstances and not guided by choice and, (ii) sustaining of injury by him in the same transaction. ..... into ext. 96 with the other evidence on record, what the trial court omitted to consider is, whether the prosecution was justified in claiming that the offensive act amounted to culpable homicide amounting to murder or whether the appellant being guilty of culpable homicide not amounting to murder, deserved punishment under section 304, part ii, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-03-2023
..... .3. the high court of tripura, while declining to grant relief prayed by the petitioner therein, constituted a high powered committee (for short 'hpc') headed by the retired judge of this court, namely, hon'ble mr. justice deepak verma, as its chairman, and members (by designation), which included director general of forests (union of india), head ..... vs. state of tamil nadu and ors. 35. it is further submitted that respondent no.3 is a registered public charitable trust under the gujarat public trust act, 1950 and the object of the trust is to promote welfare of animals and to establish paraphernalia for the welfare of animals in need to carry out the ..... it is contended that from time to time various writ petitions in the nature of public interest litigation have been filed against respondent no.3 and other persons acting with non profit philanthropic noble object of taking care of abandoned or rescued elephants and other animals. the main ground of challenge in these pils has been that .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-14-2023
..... filed under section96of cpc., against the judgment and decree dated:06. 03.2010 passed in os.no.6190/2003 on the file of the42d addl. city civil and sessions judge, bangalore, decreeing the suit for recovery of money. this rfa, having been heard and reserved for judgment on1611.2022 coming on for pronouncement of judgment, this day, p ..... insurance, sweet & maxwell, sixth edition, 1990 rfa no.1074/2010 15 26. in our considered view, issuance of a fake bank guarantee by second defendant is a dishonest act and therefore, covered by the policy. hence, ntc shall be entitled for the insurance claim from insurer. accordingly, this point is answered in the affirmative. re. point no. ..... be accumulated or increased thereby but the aggregate liability of the company during any number of periods of indemnity rfa no.1074/2010 11 and for any number of acts of fraud or dishonest committed by the c & f agent shall not exceed the sum insured hereunder or the sum insured under any other such polity as .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... are made by the chief executive officer of zilla 78 panchayat to the secretary to government/disciplinary authority to close the proceedings. the finding of the inquiry officer is that acts of the petitioner have not resulted in any loss to the government. with the said finding, all that remains is an order has to be ..... of section 197 crpc. in lakshmansingh himatsingh vaghela [lakshmansingh himatsingh vaghela v. naresh kumar chandrashanker jah, (1990) 4 scc169 1990 scc (cri) 558]., a three-judge bench dissecting the anatomy of section 197(1) crpc opined that the said provision clearly intends to draw a line between public servants and to provide that only ..... crown, 1939 scc online fc2: air1939fc43 because sulaiman, j.has observed in the said judgment that as the prohibition is against the institution itself, its applicability must be judged in the first instance at the earliest stage of institution and varadachariar, j.has also stated that : (matajog dobey case [matajog dobey v. h.c. bhari, .....
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