Court : Supreme Court of India
Decided on : Dec-14-2023
..... and order dated 28th july, 2000, the appellant was convicted and sentenced to undergo imprisonment for a period of 7 (seven) years by the addl. sessions judge, solapur, maharashtra. immediately thereafter, a criminal appeal was preferred by the appellant challenging the judgment of conviction and order of sentence. pending the appeal, the bombay ..... be oblivious that the parliamentarians themselves are instrumental in enacting the central laws, including the rop act. once they have laid down a standard under the rop act by which an individual parliamentarian s actions are to be judged, those standards ought not to be relaxed simply on the consideration that the electorate would stand ..... the serious offence for which he has been convicted by the special judge, we are not inclined to suspend the conviction and sentence awarded by the special judge in the present case . (emphasis supplied) 16. the vires of section 8(4) of the rop act came to be challenged in lily thomas v. union of india10, .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... served) - 3 - nc:2023. khc:45568 mfa no.784 of 2019 this mfa is filed u/s301) of eca act, 1923 against the judgment and award dated1709.2018, passed in eca no.64/2014 on the file of the iv additional senior civil judge & jmfc, mysuru, awarding compensation of rs.4,69,640/- with interest @ 12% p.a. from the date ..... this appeal by the insurance company is directed against the judgment and award dated 17-09-2018 passed in eca no.64/2014 by the learned iv additional senior civil judge and jmfc, mysuru, whereby a sum of rs.4,69,640/- has been awarded as compensation together with interest at 12% p.a. fastening liability on the insurance ..... petition is for the purposes of directing the insurance company to delete the clause in the insurance policy which provides that in cases of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on the insurance company. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... to resolve the issues between the parties and to determine their rights. it is also 1-slp (c) no.14445 of 2021 not a sport; it is an inquiry into the truth, in which the general public has an interest. it would be useful to also refer to the objectives in framing rules for conducting civil proceedings. ..... plaintiff by producing documents during the course of cross- examination (emphasis supplied) 5.1 in vinayak m dessai (supra) the learned single judge observed : 17. evidence in terms of section 3 of the evidence act, 1872 means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matters ..... of fact under inquiry; such statements being called oral evidence and all documents including electronic records produced for the inspection of the courts being the documentary evidence. section 118 of the said act provides for the persons who may testify and reads that all persons must be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-15-2023
..... benches in cases referred above. the three-judge bench 21 in vijay madanlal choudhary case (supra) having already examined in detail the constitutional validity of section 19 of pmla on the touchstone of article ..... mandate of article 21(1) of the constitution of india, any observation made or any finding recorded by the division bench of lesser number of judges contrary to the said ratio laid down in vijay madanlal choudhary (supra) would be not in consonance with the jurisprudential wisdom expounded by the constitution ..... reproduced herein below: - 324. ..in other words, the role of the authorities appointed under chapter viii of the 2002 act is such that they are tasked with dual role of conducting inquiry and collect evidence to facilitate adjudication proceedings before the adjudicating authority in exercise of powers conferred upon them under chapters iii and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-19-2023
..... afforded by the deceased did amount to grave and sudden provocation within the meaning of exception (1) to s.300 of the penal code, 1860. the learned judge does not accept this plea, because the accused took the deceased to some little distance, before they murdered him. but we think that the provocation was of a ..... of sri. yug mohith chaudhry, and therefore hold that the evidence of pw2, pw10, pw12 and pw22 is trustworthy and the trial court has not erred in acting upon their testimonies. point no.(iii) 38. certainly if a husband finds his wife to be having illicit relationship transgressing the matrimonial discipline, it evokes anger in him ..... between provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-19-2023
..... afforded by the deceased did amount to grave and sudden provocation within the meaning of exception (1) to s.300 of the penal code, 1860. the learned judge does not accept this plea, because the accused took the deceased to some little distance, before they murdered him. but we think that the provocation was of a ..... of sri. yug mohith chaudhry, and therefore hold that the evidence of pw2, pw10, pw12 and pw22 is trustworthy and the trial court has not erred in acting upon their testimonies. point no.(iii) 38. certainly if a husband finds his wife to be having illicit relationship transgressing the matrimonial discipline, it evokes anger in him ..... between provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-19-2023
..... offence punishable under sections 366 and 376 of indian penal code, 1860 and sections 4 and 6 of protection of children from sexual offences act, 2012. to hear on sentence, the matter is passed over. sd/- judge sd/- judge bvk - 77 - nc:2023. khc:46944-db crl.a no.1005 of 2018 dr. hbpsj & umbaj:19. 12.2023 hearing on sentence77 heard ..... .1005/2018 stands allowed. ii. the judgment of acquittal passed in special c.c. no.101/2017 dated 06.12.2017 passed by the l additional city civil and sessions judge, bengaluru acquitting the accused of the offences punishable under - 76 - nc:2023. khc:46944-db crl.a no.1005 of 2018 sections 366 and 376 of the indian penal ..... procedure, 1973 (hereinafter for brevity referred to as `the cr.p.c.'), challenging the judgment of acquittal dated 06.12.2017, passed by the l additional city civil and sessions judge, - 3 - nc:2023. khc:46944-db crl.a no.1005 of 2018 bengaluru (hereinafter for brevity referred to as the `special court') in s.c.no.101/2017, acquitting .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... the above facts,it is not in dispute that gangireddy, s/o lae anjinappa and the appellant g.manjunath has filed a civil suit before the hon ble additional civil judge and jmfc, bulbagal in o.s.no.107 of 2012, though initially a declaration of the caste as budaga jangama was sought the same has been amended subsequently for a ..... the election petition and in the election petition the election of the petitioner was set aside. the apex court though did not upturn the order passed by the learned single judge of this court in the election petition, but directed a fresh report to be obtained from the office of the dcvc. the dcvc then for over 10 months held a ..... within a period of three months from the date of first meeting of the committee on the issue. the apex court directed an inquiry to be conducted into the caste status of the petitioner according to the act by the dcvc and the committee was directed to submit its report before the apex court within three months from the date of its .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... that vindhya has in the preceding 8-9 months developed roots in bharat; there is no requirement of this court to hold any elaborate inquiry into the question of custody of vindhya as the custody order is for the welfare of vindhya, which is of paramount consideration; the modern ..... opportunity to meet vindhya, but, kishore did not make any effort to meet or even contact vindhya; a guardianship petition5 under the guardian & wards act, seeking custody and guardianship of vindhya, has been filed by abhilasha before the family court at jamshedpur, where vindhya and the child are 'ordinarily residing ..... it is not an illegal custody because the law is fairly well settled on this point. as per section 6 of hindu minority and guardianship act, 1956, custody of a female child aged below 5 years with the mother, is lawful.22. in tejaswini gaud vs. shekhar jagdish prasad ..... this goal.38. in light of the above discussion, the writ petition is dismissed. no costs. sd/- judge sd/- judge sps/pooja/preksha .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... counsel for the parties and having perused the appeal papers, we decline indulgence in the matter broadly agreeing with the views of the learned single judge. at paragraph no.6 of the impugned order specifically discusses about the requirement of certificate of registration issued by the state medical council as being ..... by the state government or central government or local bodies with effect from the date of commencement of the karnataka private medical establishments (amendment) act, 2017. 11 there are several conditions stipulated for getting a private medical establishment registered which includes several standards to be maintained in terms of ..... issued by the 3rd respondent/ district health & family welfare officer and member secretary of the committee of registration under the karnataka private medical establishments act 2007 declining to issue registration certificate to the petitioner for his sangeetha clinic.2. heard sri m.prakasha, learned counsel appearing for the petitioner and .....
Tag this Judgment!