Court : Karnataka
Decided on : Oct-31-2023
..... 's right to receive maintenance under section 125 crpc, unless disqualified, is an absolute right.15. while determining the quantum of maintenance, this court in jasbir kaur sehgal v. district judge, dehradun [(1997) 7 scc7 has held as follows : (scc p. 12, para8) 8. the court has to consider the status of the parties, their respective needs, the ..... of him being able-bodied to meet the expenses of his wife. in this context, the observation made in chander parkash v. shila rani [chander parkash v. shila rani, 1968 scc online del 52 : air1968del 174]. by this court is relevant and reproduced as under : (scc online del para7) 7. an able-bodied young man has to be ..... connected with m.c.no.563 of 2022, whereby the concerned court grants maintenance on an application filed by the wife/respondent under section 24 of the hindu marriage act, 1955 ( the act for short) at rs.60,000/- per month.2. heard sri d.r.ravishankar, learned senior counsel appearing for the petitioner/husband.3. the facts, in brief .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-03-2023
..... appeal, vide the impugned judgment dated 12.03.2019, preferred by the appellant against the judgment and order dated 03.10.2016, passed by the learned sessions judge, jorhat whereby the appellant was held guilty of having committed the murder of his son-in-law, namely, late markush borja and sentenced to undergo life imprisonment ..... senses suddenly. 8 the simmering discontent of a frustrated and hapless father unfortunately led him to strike the deceased with a bamboo stick. the series of provocative acts attributable to the deceased indeed laid the foundation of sustained provocation.18. in the facts and circumstances of the present case, as noticed above, it appears ..... to us that the act of the appellant in causing injuries to the deceased falls within the expression of `culpable homicide which does not amount to `murder . we hold accordingly. the .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-2023
..... to quash the entire proceedings in c.c.no.2340/2023 pending on the file of iv additional civil judge and j.m.f.c., davanagere for the offence p/u/s3of the karnataka open places (prevention of disfigurement) act in respect of the petitioner. this criminal petition, coming on for admission, this day, the court made ..... crime in crime no.33 of 2023 registered for offences punishable under section 3 of the of karnataka open places (prevention of disfigurement) act, 1951 & 1981 ( the act for short).2. heard sri s.g. rajendra reddy, learned counsel ..... the following: order the petitioner is before this court calling in question proceedings in c.c.no.2340 of 2023 pending before the iv additional civil judge and jmfc, davanagere arising out of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... of misconduct or misbehaviour against a government servant, it may itself inquire into, or appoint under this rule or under the provisions of the public servants (inquiries) act, 1850, as the case may be, an authority to inquire into the truth thereof. xxx xxx xxx (5)(c) where the disciplinary authority itself inquires ..... case, was not only incorrect in its interpretation of the jurisdiction of the commandant and the obligation of the ssfc to furnish reasons under the bsf act 1968 and rules therein, but also demonstrated a callous attitude to the gravamen of the proceedings. we implore courts to interpret service rules and statutory regulations ..... respect to the departmental proceedings conducted pursuant to the allegations of sexual harassment, made the following relevant observations: - 62. disciplinary authority is the sole judge of facts and once findings of fact, based on appreciation of evidence are recorded, the high court in its writ jurisdiction should not normally interfere with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... substantively unconscionable. pichey v. ameritech interactive media servs., inc., 421 f. supp. 2d 1038, 1044-45 (w.d. mich. 2006) (bell, c.j.). the inquiries for finding procedural and substantive unconscionability have been phrased as:"(1) what is the relative bargaining power of the parties, their relative economic strength, the alternative sources of supply, ..... p.2d 165]. asks initially whether the contract is one of adhesion. (id. at p. 819.) since a contract of adhesion is still fully enforceable, the inquiry then turns to whether enforcement should be denied. first, enforcement will be denied if the contract or provision falls outside the reasonable expectations of the weaker party. (id ..... . and another reported in (2006) 6 scc204 18. he submitted that the respondent cannot be said to have failed to act as required under the prescribed procedure. he invited the attention of a three- judge bench of this court to a decision in the case of s.k. jain v. state of haryana and another reported .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... the facts of the present case and contents of regulations and circular of the bank, the said judgment being distinguishable, has no application. the learned single judge has correctly observed that as per the 1977 regulations, compulsory retirement; removal from service which shall not be a disqualification for future employment and dismissal which ..... the board of directors based on the communication dated 19/11/2010 as referred by the learned single judge. the said resolution refers that the bank has suffered a loss of rs. 77.59 lakhs by an act of the appellant for which the penalty of compulsory retirement has 9 been directed. however, the ..... act ) and payment under the 1979 regulations. explanation to clause 14(1)(a) of the said circular makes it clear that the gratuity is payable on termination of service to an officer on completion of at least 10 years of service. it is clarified that the said termination should not be by way of punishment as dismissal or removal. learned single judge .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... true that certain witnesses such as pw4 categorically mentioned certain accused persons holding particular weapons. as a solitary aspect, it can be seen as indicating a particular act done by the accused, aiding the death of the deceased person. however, the medical evidence of pw1 negates that possibility as well. the relevant extract of ..... has disbelieved such evidence. the discarding of eye-witness testimony is a fact- specific inquiry, and therefore the correction of such an action by the trial court shall be discussed later. 29 2023 scc online sc1060[3-judge bench]. 30 (1993) 3 scc282[2 judge bench]. 22- [cr. a no.866 of 2011].14. the law on circumstantial ..... to appreciate the principles that the courts must adhere to when adjudicating a case of this nature. principles in regard to dying declarations11 section 32 the indian evidence act, 18723 relates to statements, written or verbal of relevant fact made by a person who is dead or who cannot be found, in other words, dying declaration .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2023
..... by the central government in the exercise of powers under clause (b) of sub-section (3) of section 1 of the 1952 act. the respondent made an inquiry under section 7a of the 1952 act. the respondent held that the case of the appellant was covered by the notification dated 7th march 1962. a review petition was filed ..... commercial establishment covered by the notification dated 7th march 1962.4) learned counsel appearing for the respondent urged that the respondent, the appellate authority, the learned single judge and the learned division bench have concurrently held against the appellant. his submission is that the business of the appellant is admittedly not only of assembling or ..... b) of sub-section (3) will not include any factory. his submission is that, in fact, the counter filed by the respondent before the learned single judge contains an admission that the umbrella-making unit of the appellant is not an industry included in schedule i. he relied upon a decision of the apex court in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-09-2023
..... ones in the court of jurisdictional magistrate. since the case was exclusively triable by the sessions court, the same came to be committed to the sessions judge, muzaffarnagar. following which, charges were framed against appellants madan and sudesh pal and other accused persons, namely, kunwar pal and ishwar for offences punishable under ..... a prisoner sentenced to transportation for life to an unconditional release on the expiry of a particular term including remissions. the rules under the prisons act do not substitute a lesser sentence for a sentence of transportation for life.8. the question of remission is exclusively within the province of the appropriate ..... section 323 read with section 149 of ipc. the trial court further sentenced accused ishwar to five years rigorous imprisonment under section 25 of the arms act. 2.20 being aggrieved thereby, the accused persons preferred their respective appeals before the high court with regards to the conviction and sentence awarded by .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-10-2023
..... w.p. no.4377/2023 30 31. manjula h. pammar d/o hanumantappa r. pammar aged about33years kahnniya residency, no.220 near commissioner of police office judge s quarters road, amarghol near navanagar hubli-580 025.32. sachin biradar s/o bapugouda biradar aged about26years a/p: korwar, tq: devarhipparagi dist: vijayapura-586 ..... appointments of untainted candidates of gazetted probationers of 2011 batch by promulgating karnataka civil services (validation of selection and appointment of 2011 batch, gazetted probationers) act, 2022. the case on hand is similar to that of gazetted probationers of 2011. hence, the untainted candidates in this case need to be protected ..... in favour of the applicants. we may record that in a.a. claton, involving the selection of teachers under section 16-e of the up intermediate education act, 1921, there was no written examination or allegation of irregularities concerning examination. iv. sachin kumar vs. delhi subordinate service selection board (dsssb) & ors10; in .....
Tag this Judgment!