Court : Supreme Court of India
Decided on : Oct-12-2023
..... of this court in canara bank (supra), which upheld the views expressed by a two-judge bench in rajinder lal capoor -ii (supra). 812. he further submitted that the 1979 regulations do not provide for any procedure to be followed for inquiry or the punishment which can be imposed. for this, the disciplinary authority will have ..... amendment in the regulations would take effect only after its publication in the official gazette in terms of the amendment made in section 19(1) of the 1970 act.10 admittedly, the idea behind the publication in the official gazette is to make the affected people aware about the changes in law. admittedly, there was no ..... 1986, regarding the amendment carried out in regulation 20 of the 1979 10 the banking companies (acquisition and transfer of undertakings) act, 1970. 9 regulations. after the amendment in section 19(1) of 1970 act, the pre-requisite of the publication through gazette notification was required to be complied with. on failure of publication in the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Oct-13-2023
..... /w. crl.rc no.100001 of 2021 against the appellant/ accused for the offence u/s363 376(2) (f), 302, 201 of ipc and section4and6of pocso act passed by1t additional district and sessions judge and special judge haveri in sc no.142/2018 and an order of acquittal in favor of the appellant thereby allowing the present appeal. in crl.r.c. no ..... , (hereinafter referred to as the ipc , for brevity) and sections 4 and 6 of the protection of children from sexual offences act, 2012 (hereinafter referred to as pocso act , for brevity).2. the learned i additional district and sessions judge and special judge, haveri as per the judgment dated 07.01.2021, convicted and sentenced the accused/appellant for commission of rape and murder .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Oct-13-2023
..... /w. crl.rc no.100001 of 2021 against the appellant/ accused for the offence u/s363 376(2) (f), 302, 201 of ipc and section4and6of pocso act passed by1t additional district and sessions judge and special judge haveri in sc no.142/2018 and an order of acquittal in favor of the appellant thereby allowing the present appeal. in crl.r.c. no ..... , (hereinafter referred to as the ipc , for brevity) and sections 4 and 6 of the protection of children from sexual offences act, 2012 (hereinafter referred to as pocso act , for brevity).2. the learned i additional district and sessions judge and special judge, haveri as per the judgment dated 07.01.2021, convicted and sentenced the accused/appellant for commission of rape and murder .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Oct-13-2023
..... any action against the accused persons. therefore, he filed a private complaint for taking legal action against the accused persons.6. hence, learned i additional civil judge and jmfc-ii, bidar referred the matter to jurisdictional police under section 156 (3) of cr.p.c. for investigation and report. based on referral complaint ..... i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. it is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. it is contended that, the ..... wp no.200839 of 2023 bengaluru and regional conference public charitable trust are non-profitable organizations and the affairs are governed by the societies registration act and indian trust act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. further, the .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Oct-13-2023
..... any action against the accused persons. therefore, he filed a private complaint for taking legal action against the accused persons.6. hence, learned i additional civil judge and jmfc-ii, bidar referred the matter to jurisdictional police under section 156 (3) of cr.p.c. for investigation and report. based on referral complaint ..... i.e., on 29.12.2022, complainant filed private complaint, alleging financial irregularities, same is not maintainable. it is contended that, no specific overt act alleged against the petitioners in the complaint and only omnibus allegations have been made without any materials in support of the complaint. it is contended that, the ..... wp no.200839 of 2023 bengaluru and regional conference public charitable trust are non-profitable organizations and the affairs are governed by the societies registration act and indian trust act, so far as allegations of the misuse or misappropriation of funds, if any and petitioners have not made any misappropriation. further, the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2023
..... visit to the house of the deceased. they saw two children of the deceased who were studying in 5th and 7th standards respectively, at the house. on inquiry they informed that their mother was sleeping. pw1 and pw2, along with chandrawati, entered the room and saw the deceased in a pool of blood, half- ..... conviction rendered for life imprisonment by the division bench of the high court of himachal pradesh, by setting at naught the order of acquittal rendered by the additional sessions judge (presiding officer), fast track court, solan, himachal pradesh, is under challenge in these appeals. brief facts2 the appellant, along with the co-accused (since deceased ..... of drawing an adverse inference may arise. if the witnesses already examined are reliable and the testimony coming from their mouth is unimpeachable the court can safely act upon it, uninfluenced by the factum of non-examination of other witnesses (emphasis supplied) effect of absconding25 a subsequent conduct would be a relevant fact .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2023
..... the assessees therein as royalty to jonas woodhead and sons was capital expenditure and therefore not allowable as revenue expenditure under the provisions of the act for the assessment years 1961-1968 and 1968-1969. it was observed that this question would depend upon several factors stated above and the cumulative effect of a construction of the various terms ..... working expenditure or a part of profit earning. further, an inquiry must be made as to, whether, the expenditure was necessary to acquire a right of permanent character, the possession of which is a condition precedent for carrying on ..... would be on revenue account, vide empire jute co. ltd. v. the question as to whether an expenditure is capital or revenue in nature is to be judged in every case in the context of business necessity or expediency. the first aspect to be considered is whether, the expenditure is a part of the assessee s .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2023
..... affidavit which stated, i have made a wilful and conscious decision to medically terminate my pregnancy and don t want to keep the baby even if survives.8. the judges were unable to agree when the application moved by the asg was heard and delivered a split verdict. in her judgment, kohli, j.held that her judicial conscience ..... thereafter and a special bench had to be constituted. this lay within the powers of the chief justice on the administrative side. the chief justice constituted the same two-judge bench comprising of kohli, j.and nagarathna, j.to hear the application for recall of the order dated 9 october 2023 and the case was directed to be notified ..... two judges on the application for recall of the order dated 9 october 2023. on 13 october 2023, this court passed an order calling for a further report from aiims on certain specific issues. they were formulated thus: (i) whether the fetus is suffering from any abnormality as provided by subsection 2(b) of section 3 of the act. though .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2023
..... the family would immediately become less normal, and perhaps even abnormal over time. the wife as someone who derives 24 nan. d. hunter, marriage, law and gender: a feminist inquiry in sex wars: sexual dissent and political culture (lisa duggan and nan. d. hunter eds, routledge, 2006) p. 109 110. w.p.(c) no.1011/2022 page ..... the right to freely profess, practice and propagate religion. the opinion situates in this freedom of conscience, the right not only to judge the moral quality of one s own action but also to act upon it. if that were permissible under article 25, then the textual enumeration of freedoms in article 19 become redundant, since these ..... their impact, or the effect, on the individual, which is the focus of the court s inquiry. in one sense, the development of the indirect discrimination test, is a culmination, or fruition of the methods which this court adopted, in judging the discriminatory impact of any law or measure, on an individual.111. this court in the previous .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2023
..... illegally by the state of madhya pradesh. the state contested the suit by claiming that it was barred by section 17 of the madhya bharat sales tax act. the court of the district judge decreed the suit. on appeal by the state, the high court reversed the decision holding that the suit was barred even though it was conceded by the ..... law. after considering several decisions, the constitution bench summarized the legal position as under: civil appeal no.8411 of 2014 page 21 of 50 35. the result of this inquiry into the diverse views expressed in this court may be stated as follows: (1) where the statute gives a finality to the orders of the special tribunals the civil ..... right to property and procedural justice 11. this is a case of compulsory acquisition of land where the land owner has no choice in the matter. the respondent purchased 4 (1968) 3 scr3662 5 (1964) 2 scr2273 page 11 of 40 the concerned land for valuable consideration and was in peaceful possession of the land. at that stage, the .....
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