Court : Supreme Court of India
Decided on : Mar-16-2023
..... saw the dead body of his son lying on a stretcher. there was a cut on the left eyebrow and the right side of the neck bleeding profusely. on inquiry he was informed by the doctor that the victim had died as result of a fire shot injury. significantly, in the complaint recorded the same day at around 02 ..... no.1179 of2012narendrasinh keshubhai zala appellant versus state of gujarat respondent judgement sanjay karol, j.1. vide a judgment dated 19.07.2003 passed by the ld. addl. sessions judge, fast track court at surendranagar, gujarat in sessions case no.27 of 2002, the appellant narendrasinh keshubha zala stood convicted for having committed offences under section 302, indian penal ..... code read with section 34, indian penal code as also under section 25 (1) a and section 27 (2) of the arms act. in relation to the offence under section 302, indian penal code, he is sentenced to suffer imprisonment for life and pay fine of rs. 500 and in default thereof, .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... date, the position as adopted in this judgment will govern even pending applications under section 11(6) of the act. (xi) where district judges had been designated by the chief justice of the high court under section 11(6) of the act, the appointment orders thus far made by them will be treated as valid; but applications if any pending ..... the supreme court. (viii) there can be no appeal against an order of the chief justice of india or a judge of the supreme court designated by him while entertaining an application under section 11(6) of the act. (ix) in a case where an arbitral tribunal has been constituted by the parties without having recourse to section 11 ..... appointing the arbitrator could only be that of the chief justice or the designated judge. (v) designation of a district judge as the authority under section 11(6) of the act by the chief justice of the high court is not warranted on the scheme of the act. 13 (vi) once the matter reaches the arbitral tribunal or the sole arbitrator .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... date, the position as adopted in this judgment will govern even pending applications under section 11(6) of the act. (xi) where district judges had been designated by the chief justice of the high court under section 11(6) of the act, the appointment orders thus far made by them will be treated as valid; but applications if any pending ..... the supreme court. (viii) there can be no appeal against an order of the chief justice of india or a judge of the supreme court designated by him while entertaining an application under section 11(6) of the act. (ix) in a case where an arbitral tribunal has been constituted by the parties without having recourse to section 11 ..... appointing the arbitrator could only be that of the chief justice or the designated judge. (v) designation of a district judge as the authority under section 11(6) of the act by the chief justice of the high court is not warranted on the scheme of the act. 13 (vi) once the matter reaches the arbitral tribunal or the sole arbitrator .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-16-2023
..... her mbbs. the learned counsel would submit that in terms of section 4(1)(b) and 4(1a) of the citizenship act, 1955 ( the act for short) the petitioner is deemed to be declared to be indian as the birth of the petitioner was registered in the indian consulate at ..... in such form and in such manner, as may be prescribed, (i) within one year of its occurrence or the commencement of the citizenship (amendment) act, 2003, whichever is later; or (ii) with the permission of the central government, after the expiry of the said period: provided also that no such ..... to india in the year 2003 she was a minor and the mother was a single parent. she was unaware of consequences of either the citizenship act of the country or nuances of the passport. he would admit that she did participate in the cet2015as an indian, secures a seat and completes ..... the respondent nos.1 and 3 will be at liberty to initiate proceedings against the petitioner in accordance with law. sd/- judge bkp ct:mj .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2023
..... 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. while considering an application (for grant of anticipatory bail) the court has to consider the nature of the offence, the role of the person, ..... her case. notably, she had moved an intervention application in the anticipatory bail application moved by the respondent no.2/accused before the learned additional sessions judge and as is reflected from the order passed, her counsel was granted a hearing whereafter the said application was rejected. however, when a similar application for ..... intervention, coupled with the recommendations made from time to time as briefly noticed above, prompted parliament to bring into force the code of criminal procedure (amendment) act, 2008, which not only inserted the definition of a victim under section 2(wa) but also statutorily recognised various rights of such victims at different stages .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2023
..... in fulfilment of the requirements in that regard, the procedure contemplated under the provisions of section 19 of sica1985has to be followed.43. where bifr, after making inquiry under section 16 of sica1985 considering all relevant facts and circumstances and giving an opportunity of being heard to all parties concerned, is of the opinion that the ..... schemes to revive them. an appeal lies from the order of bifr to an appellate authority (aaifr) consisting of members selected from amongst supreme court or high court judges or secretaries to the government of india. 11.4 with this background, objects and reasons, this bill was passed by the indian parliament and it received the assent ..... can be taken away / deprived only by authority of law. 7.6 it is submitted that the expression law in article 300a would mean a parliamentary act or an act of state legislature or statutory having the 27 force of law. it is submitted that while enacting such a law, parliament cannot be presumed to have taken .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2023
..... officer. (1) the chief wild life warden 5 or the officer authorised by the state government in this regard shall conduct a detailed inquiry and take all actions as provided in section 41 of the act. (2) a copy of the report pertaining to sub rule (1) of this rule, shall be provided to the applicant.11. ..... declaration was made beyond the prescribed period provided under rule 4(2) of the rules, 2003. the appellant herein preferred writ petition before the learned single judge. the learned single judge disposed of the said writ petition by directing the chief wild life warden to consider whether time has been relaxed in any case for the purpose of ..... cannot be relaxed and/or the period cannot be extended. consequently, the division bench of the high court has set aside the order passed by the learned single judge which has given rise to the present appeal.3. shri lakshmeesh s. kamath, learned counsel appearing on behalf of the appellant has vehemently submitted that the time prescribed .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2023
..... the petitions filed by the appellant archbishop under article 482 of cr.p.c., invoked its suo motu jurisdiction directing the state government to make detailed inquiry with regard to the execution of sale deed and settlement deed in respect of some of the properties sold out by the appellant, and find out ..... other authorities discharging their statutory functions. we may not have to remind the high courts that judicial restraint is a virtue, and the predilections of individual judges, howsoever well intentioned, cannot be permitted to be operated in utter disregard of the well-recognized judicial principles governing uniform application of law. unwarranted judicial activism ..... main case-crl.m.c. no.8936/2019 by observing as under:- 6. since there is no comprehensive law addressing the legal status of unincorporated organization acting under the guise of either religion or charity, it is necessary to hear the central government on that issue.7. the misuse of government properties/public .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-21-2023
..... existence of the requisite intention or knowledge be proved, seeing that these are the internal and invisible act of the mind ?.. they can be ascertained only from external and visible acts. observation and experience enable the court to judge the connections between men s conduct and their intention s. we know that, a sane man does ..... 337 and 304 of ipc read with section 134(a) 5 and (b) of the motor vehicles act. the learned public prosecutor filed objections to the said application.7. the learned i additional district and sessions judge, chikmagalur vide order dated 23.09.2014, rejected the said application and farmed the charges against the accused ..... not usually commit certain act heedlessly or intentionally and generally, we have no difficulty in inferring from his .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-21-2023
..... to determine, whether the accused could be reformed or rehabilitated, which depends upon the facts and circumstances of each case. (emphasis supplied) 79. no such inquiry has been conducted for enabling a consideration of the factors mentioned above in case of the petitioner. neither the trial court, nor the appellate courts have looked into ..... sentence hearing, at which stage, he can bring on record material or evidence, which may not be strictly relevant to or connected with the particular crime under inquiry, but nevertheless, have, consistently with the policy underlined in section 354(3) a bearing on the choice of sentence. the present legislative policy discernible from section ..... however, observations in para 14 to the effect that electronic record can be proved only as per section 65-b of the evidence act.25. though in view of the three-judge bench judgments in tomaso bruno and ram singh, it can be safely held that electronic evidence is admissible and provisions under sections 65-a .....
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