Court : Supreme Court of India
Decided on : Nov-20-2023
..... bengaluru. 3.2. on 09.11.2021, the accused-husband filed a divorce petition m.c. no.5786/2021 under section 13 of the hindu marriage act, 1955 before the principal judge, family court, bengaluru, karnataka. notice was issued in the divorce petition on 15.11.2021. 3.3. on 07.03.2022, the complainant-wife filed ..... magistrate(s). the provisions granting power to take cognizance (section157) or power to investigate (section 156), are in 12 accordance with the concept of ordinary place of inquiry and trial, as stated in chapter xiii of the crpc. iii. therefore, the court under whose territorial jurisdiction the offence was committed becomes the court of competent ..... courts to impose conditions limiting relief in terms of time, or upon filing of fir, or recording of statement of any witness, by the police, during investigation or inquiry, etc. the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-21-2023
..... the other documents examined were the transfer certificates of high school, kamela and national inter college and the relevant registers of the said schools. the additional sessions judge, who did not doubt the veracity of any of these documents which were placed before him, has given a categorical finding that what has been consistent is ..... the trial was almost complete and the high court did not consider it appropriate to interfere with the trial at such a belated stage.11. the additional sessions judge, barabanki continued with the trial, where all the accused persons (except babadeen), including the appellant were convicted for offences under sections 302/34 and 307/34 ..... shall be given to such juvenile or the person concerned. (5) save and except where, further inquiry or otherwise is required, inter alia, in terms of section 7 a, section 64 of the act and these rules, no further inquiry shall be conducted by the court or the board after examining and obtaining the certificate or any .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2023
..... , arising or intimated to an insurer at any time after the expiry of a period of one year from the commencement of the insurance (amendment) act, 1968, shall, unless otherwise directed by the authority, be admitted for payment or settled by the insurer unless he has obtained a report, on the loss ..... encapsulates the foundational belief that insurance accords protection & indemnification, preserving the sanctity of trust within its clauses. effectively, the insurer assumes a fiduciary duty to act in good faith and honour their commitment. this responsibility becomes particularly pronounced when the insured, in their actions, have not been negligent. in light of ..... altered in a way that increased the risk of loss or damage. additionally, storing hazardous chemicals during construction or repair work was itself a negligent act and amounted to violation of policy conditions.19. the learned counsel points out that the forensic inspector and the surveyors were specifically tasked to investigate the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Nov-24-2023
..... no.1 on the question of sentence on 27.11.2023. v) counsel for appellant is directed to keep present the accused no.1 before the court. sd/- judge sd/- judge yan90criminal appeal no.100246/2018 hpsj & rdhj:08. 12.2023 (video conferencing / physical hearing) order on sentence accused no.1, being under trial prisoner in crime ..... to establish the facts which are, especially within the knowledge of the accused and which, he can prove without difficulty or inconvenience . [para 34]. b. evidence act, 1872, section 106 scope court should apply section 106 in criminal cases with care and caution it cannot be said that it has no application to criminal cases ordinary ..... often left without any ocular or other direct evidence to prove who the offenders are. therefore, the law commission in its 113th report recommended amendment of indian evidence act so as to provide certain solace to the victims. if there is evidence that injury was caused during the custody when the person was in the central jail .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2023
..... the accused no.1's direct involvement in the assault. 2.6 upon filing of charge sheet by the respondent police, a session case was registered before the additional sessions judge, bhavani in s.c.no.177 of 2010. the trial court taking cognizance of the offence, framed two charges. charge against the accused nos.1 to 3 was under ..... . however, the trial court acquitted the other two accused.13. hence, it can be safely concluded from the evidence led in the present case that the appellant s overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under exception 4 to section 300 ipc. moreover, the ..... contributory factor leading to the verbal altercation but it was not the reason for the accused to carry out a pre-planned fatal attack against the deceased. the appellant had acted suddenly , in the heat of passion and without a pre-planned approach to kill the deceased.12. right from the beginning i.e. he prosecution story as set up .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Nov-24-2023
..... section3742) of cr.p.c., seeking to set aside the judgment and sentence dated2307.2019 in s.c.no.52/2018 passed by the i-addl. dist. and sessions judge, bagalkot to sit at jamakhandi, convicting the appellant for the offences u/s302of ipc and sentencing to life imprisonment and pay fine of rs.50,000/- in default of ..... be completed so as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused. prosecution must show that, in all human probability the act must 7 have been done by the accused. the circumstances should be of a conclusive nature and tendency and should exclude every possible hypotheses except the one to be ..... the damages caused to the trax. all materials including imv report disclose that, on the right portion of the trax was damaged and it is nothing but an intentional act of the appellant in causing the accident and committing the murder. motive has been established. accused no.1 has not shifted his own neighbours who were injured, gives .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2023
..... be, in respect of a document produced or given in evidence in a proceeding in that court, such court may, after such preliminary inquiry, if any, as it thinks necessary, (a) record a finding to that effect; (b) make a complaint thereof in writing ..... it in this behalf or otherwise, any court is of opinion that it is expedient in the interests of justice that an inquiry should be made into any offence referred to in clause (b) of sub-section (1) of section 195, which appears ..... accused. (4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider ..... the case and the documents submitted therewith, and after hearing the submissions of the accused and the prosecution in this behalf, the judge considers that there is not sufficient ground for proceeding against the accused, he shall discharge the accused and record his reasons for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2023
..... india v. ashok kumar aggarwal [union of india v. ashok kumar aggarwal, (2013) 16 scc147: (2014) 3 scc (l&s) 405]. a two- judge bench of this court speaking in the context of service regulations governing a departmental enquiry reiterated that an office order or office memorandum cannot contravene statutory rules. b.s ..... of a constitution bench: 15. a constitution bench in sant ram sharma v. state of rajasthan [sant ram sharma v. state of rajasthan, air1967sc1910: (1968) 1 scr111 considered the applicability of the letters issued by the government of india detailing the administrative practice for promotions, against the indian police service (regulation ..... education (teacher) service rules 2012 (hereinafter referred to as 2012 service rules ) by invoking powers conferred under section 58 of the uttarakhand school education act, 2006. the 2012 service rules prescribed minimum eligibility criteria for appointment to the post of assistant teachers in government elementary schools in the state of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-28-2023
..... -complainant and also application no.13/2016 under sections 7, 10 and 17 of the guardians & wards act, 1890 (for short g&w act ) for declaring him as the guardian of the person of the minor daughter by name anwesha saxena , before the learned principal judge, family court, gautam budh nagar in uttar pradesh, on 16.05.2016. fir no.839/2016 was ..... on 04.09.2016.6. further relevant aspects for the purpose of consideration of the case on hand are that in the application no.13/2016 filed under g&w act as early as on 16.05.2016 the appellant has mentioned clearly that the minor daughter anwesha saxena is in his custody and beside him, his parents, persons named therein .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-29-2023
..... rules of interpretation appropriate thereto. this is not to detract from the great weight to be given to the language actually used by that most distinguished judge . (c) the above observations at paragraph 17 of the interim order dated 06.02.2021 made in pending w.p.no.9526/2020 c/w ..... .fee143epc2020date :21. 07.2020 public notice subject: nomination for the post of chairman to karnataka state pollution control board under the water (prevention and control of pollution) act, 1974 (6 of 1974) inviting applications -reg.1. applications are invited from eligible candidates for nomination to the post of chairman, karnataka state pollution control board ..... (kspcb), bengaluru in the prescribed format.2. the kspcb was established under provisions of the water (prevention and control of pollution) act, 1974. the kspcb exercises functions related to prevention and control of pollution. the chairman shall be a full-time incumbent. 3: the following are the terms .....
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