Court : Karnataka Dharwad
Decided on : Oct-07-2023
..... both the points in favour of the writ petitioners and allowed the petitions. while doing so, the learned single judge took into account the various statutory provisions contained in the kh act, kuda act, ktcp act and kiad act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ ..... under the said sub-section (2), the planning authority may direct such person by notice in writing to stop any work in progress and after making an inquiry in the prescribed manner, remove or pull down any work or restore the land to its original condition.-. 240 - nc:2023. khc-d:12094-db wa ..... obtained sanction/approval subject to terms and conditions, the writ petitioners were not entitled to approbate and reprobate and claim compensation is concerned, the learned single judge has dealt with this contention and recorded a correct finding that the said conduct of the writ petitioners would neither militate against them nor operate as estoppel .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... as the case may be, the central information commission or the state information commission, as the case may be, may during the inquiry of any complaint under this act, examine any record to which this act applies which is under the control of the public authority, and no such record may be withheld from it on any grounds. 6 ..... anjali bharadwaj v. union of india, this court held that the existence of the cic and sics is imperative and vital for the smooth working of the rti act.13 recently, a three-judge bench of this court in kishan 8 state of u p v. raj narain, (1975) 4 scc4289 s p gupta v. union of india, 1981 ..... every state government shall, by notification in the official gazette, constitute an sic to exercise powers conferred on, and to perform the functions assigned to them under the rti act. the sics consists of the state chief information commissioner and such number of state information commissioners, not exceeding ten, as may be deemed necessary. the general superintendence, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... gupta2 mis-applied jhonson1, hence, was rightly doubted in angoori devi3. however, before the controversy could be authoritatively settled by a five-judge bench, angoori devi3 was rendered infructuous due to repeal of the ceiling act in the state of uttar pradesh. unfortunately, the lead judgement in billimoria5 did not even notice jhonson1 though apparently it was brought to ..... as angoori devi (smt.) vs. state of u.p. and others4.25. however, before the matter could be heard by a five-judge bench, the legal regime underwent a complete u-turn. the ceiling act was repealed initially by way of an ordinance notified on 11th january, 1999, initially in the states of haryana, 4 (1997) 7 scc757civil ..... vacant land ?.18. state of u.p. and others vs. l.j.jhonson and others1 is the first holding by a two-judge bench of this court to throw light on the provisions of the ceiling act. that was a case where the respondent (jhonson) had a parcel of land admeasuring 2530 sq.m. in dehradun city on which .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... there existed no debt/liability at the time of issuance of cheque?. in the absence of rebuttal evidence being led the inquiry would entail: has the accused proved the nonexistence of debt/liability by a preponderance of probabilities by referring to the particular ..... evidence to the contrary from the opponent but if the opponent does offer evidence to the contrary (sufficient to satisfy the judge's requirement of some evidence), the presumption 'disappears as a rule of law and the case is in the jury's ..... conceptual underpinnings 29. there are two senses in which the phrase burden of proof is used in the indian evidence act, 1872 (evidence act, hereinafter). one 18 is the burden of proof arising as a matter of pleading and the other is the one ..... shall carry on the business of advancing loans unless he gets himself registered under sub-section (1) 5 adaptation of law order 1968 see page 75 6 (2010) scc online bombay 54 8 proceedings before the high court 17. on reappreciating the evidence on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... tax. up, lucknow. 1973 scc online all 422: (1973) 32 stc252:1973. tax lr2589(xii) commissioner. sales tax, u.p. lucknow vs banaras bead manufacturing co., varanasi 1968 scc online all 380: (1970) 25 stc1009 (xiii) jalal plastic industries and ors. vs union of india and ors. 1981 (8) elt653(xiv) commissioner of sales tax vs ..... as falling 21 more accurately under the entry relating to hospital equipment and apparatus rather than under the entry which related to glasswares in the up sales tax act. in the aforesaid judgment, the question that arose for consideration was under what tariff item glass mirror would fall, and glass screens fitted in motor vehicles ..... scc (tax) 383]. . the question whether thermometers, lactometers, syringes, eyewash glasses and measuring glasses could be described as glassware for the purpose of the orissa sales tax act, 1947 was answered by the orissa high court in state of orissa v janta medical stores [(1976) 37 stc33(ori)]. in the negative. to the same effect is .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... from the documents on record, it cannot be said that the accused is liable to be discharged since this court is not required to make roving inquiry into pros and cons of the matter and weighing the evidence as if the trial is conducted. even otherwise the allegations with regards to the disproportionate ..... or the defence when requiring to be proved during course of trial is itself sufficient for framing the charge. in the instant case, the learned trial judge has noticed that explanation provided by the respondent accused pertaining to purchase of shop no.7 of suman city complex of plot no.19, sector-11 from ..... no.2504 of2023state of gujarat .... appellant versus dilipsinh kishorsinh rao . respondent judgment aravind kumar, j.1. the proceedings initiated under the prevention of corruption act, 1988 (hereinafter referred to as act ) against the respondent herein came to be questioned by him by filing an application for discharge on the ground of investigating officer (hereinafter referred to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... after hearing the learned advocates appearing for the accused persons and the public prosecutor and on appreciation of the evidence laid before the court, the learned sessions judge by judgment dated 06-10-2017 convicted the accused persons for the offences already noticed hereinabove and said order of conviction and sentence imposed came to be ..... object. both these ingredients are conspicuously absent and there is no evidence to connect the petitioners with the deceased or the co- accused. undisputedly, no overt act has been attributed to the appellants, and in unequivocal terms pw-9 admits in his cross- examination that none of the accused except pawan had caused injury ..... produced before the juvenile justice board and ravi was tried by the children s court under the provisions of the juvenile justice (care and protection of children) act, 2015. the charge was framed against six accused persons and in all 18 witnesses 4 were examined on behalf of the prosecution. the statements of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-10-2023
..... the exercise of this power depends upon the facts and circumstances of each case. the high court at that stage does not conduct a mini trial or roving inquiry, but nothing prevents it from taking unimpeachable evidence or totally acceptable circumstances into account which may lead it to conclude that no trial is necessary qua a ..... complaint. learned counsel for the appellant relied on the decisions of this court in anita malhotra v. apparel export promotion council & anr.1 and a decision of two-judge bench of this court in criminal appeal no.879 of 2023 titled ashok shewakramani & ors. v. state of andhra pradesh & anr.2 and connected cases dated 03 ..... in regard to the appellant s role. therefore, the question is whether the averments referred to hereinbefore are sufficient to prosecute the appellant under section 138 of the ni act, on the afore-extracted averments. we are not oblivious of the fact that the appellant has also got a contention that he retired from the partnership firm .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-11-2023
..... would also be applicable for the cases registered under the provisions of the pocso act.14. section 14a of the atrocities act which provides for an appeal remedy as against the orders passed by the special judge trying the offences under the provisions of the said act, reads as under:"14a. appeals.- (1) notwithstanding anything contained in the code ..... viz., atrocities act and pocso act are invoked, a petition under section 439 cr.pc before the high court is maintainable.21. coming to the merits of the case, as per the complaint averments, petitioner allegedly came to the house of the complainant and had called out the name of her daughter and on inquiry, he had ..... allegations made in the complaint, the aforesaid submission made by the learned counsel for the petitioner cannot be simply brushed aside. petitioner has not committed any such act in the house of the complainant which would have abetted or instigated the minor girl to commit suicide.25. complainant and her brother-in-law who were .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-12-2023
..... the private respondents, including the directions issued by the chancellor, were quashed and set aside with liberty granted to the authorities to proceed afresh with the inquiry after due notice to the respondents.6. it is the aforesaid judgment that has brought the appellant before this court. learned counsel for the appellant ..... committee would alone not indicate with certainty that the selection process was grossly vitiated for requiring interference. the division bench frowned upon the learned single judge for having gone into the said issue and observed that all the candidates had been subjected to the same yardstick and therefore, no discrimination could be ..... issue, the omission can be supplied and the rules can be supplemented by executive instructions (see: sant ram sharma v. state of rajasthan [air1967sc1910: (1968) 1 scr111: (1968) 2 llj830 .) 32. in the instant case, the government did neither issue any adminis- trative instruction nor did it supply the omission with regard to .....
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