Court : Supreme Court of India
Decided on : Apr-17-2023
..... lizo and thereafter he had absconded.3. mr. sajid, son of the deceased lodged a missing complaint and in the backdrop of information regarding the accused, inquiry was conducted and accused confessed to the crime and showed where the dead body was concealed in the presence of witnesses. hence, the prosecution alleged in this manner ..... v. n. raghupathy, learned standing counsel appearing by the state would support the judgment passed by the high court. he would submit that when learned sessions judge had failed to look into the evidence available before it or had erroneously appreciated the available evidence it had resulted in appellate court exercising its jurisdiction to reverse ..... versus state of karnataka respondent judgment aravind kumar, j.1. this appeal under section 2(1)(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 by the sole accused in sessions case no.96 of 2012 on the file of the fast track court, sagar taluk, arises from a judgment rendered .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Apr-18-2023
..... or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purposes of any investigation, inquiry, trial or other proceeding under this code by or before such court or officer, such court may issue a summons, or such officer a written order, to the ..... allow this criminal petition and thereby quash the order dated0712.2018 passed in private complaint no.7/2017 (old private complaint no.623/2011) by the i additional senior civil judge & cjm, vijayapura in allowing the application filed under section91of cr.p.c. filed by the respondent no.2 herein & thereby, directing the petitioners & others to produce the ..... personally to produce the same. (3) nothing in this section shall be deemed- (a) to affect sections 123 and 124 of the indian evidence act, 1872 (1 of 1872 ), or the bankers' books evidence act, 1891 (13 of 1891 ) or (b) to apply to a letter, postcard, telegram or other document or any parcel or thing in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-18-2023
..... prevailing market. going by the principles governing the nature of jurisdiction of the consumer fora as also the principles enunciated by this court including those in the 3-judge bench decision, we need to disapprove the proposition of 63 awarding compound interest in the cases of monetary refund in such dealings.23. several submissions made on behalf ..... be regarded as an authority in regard to its conclusion alone or even in relation to what could be deduced 55 therefrom. in sanjay singh (supra), a 3-judge bench of this court has explained these principles in clear terms as follows: - 10. the contention of the commission also overlooks the fundamental difference between challenge to the ..... be made as under:- 52 section 14(1)(d) of the section 12-b(3) of the consumer protection act, mrtp act 1986 to pay such amount as may the commission may, be awarded by it as after an inquiry made into compensation to the the allegations made in the consumer for any loss or application filed under sub- .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-20-2023
..... ismail jalgar, and sri. vijay s. chiniwar, advocates) this mfa is filed u/s.54(1) of the land acquisition act, 1894, praying to call for records on the file of the learned iii addl. senior civil judge, hubballi in lac.no.87/2013 dated2101.2015 and modify the judgment and award dated2101.2015 passed by the learned iii addl ..... meager and as such she sent a reference application dated 21.09.2013 under section 18(1) of the act to the respondents-authorities as per ex.p.11 requesting the respondents authorities to refer the matter to the prl. senior civil judge, hubballi for determination of - 7 - mfa no.102248/2015 (lac) c/w mfa no.103444/2016 ..... land acquisition, gujarat and another v. madhubai gobarbhai and another (2009) 15 scc125and argued that the view expressed by the reference court and approved by the learned single judge of the high court on the admissibility and relevance of the copies of the registered sale deeds is liable to be overturned. shri lalit further argued that the reference .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-24-2023
..... probing from the known to the unknown, backward in time, and its goal is to determine truth as far as it can be discovered in any post factum inquiry. successful investigations are based on fidelity, accuracy and sincerity in lawfully searching for the true facts of an event under investigation and on an equal faithfulness, exactness, ..... singh, the present appellant.8. this court has therefore been called upon to examine the correctness of the conviction decision and sentence rendered by the learned first additional sessions judge, ambikapur, district sarguja, chhattisgarh, and as partly confirmed by the high court. the impugned judgment 9. in the appeal preferred by the convicts (five in number) ..... present appellant being convicted, the basic requirement of the section, that is of two or more persons agreeing to or causing to be done an illegal act or an act which is not per se illegal but it is done by illegal means, is not met. the impugned judgment, however, only records that section 10 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2023
..... shin-etsu chemical co. ltd. v. aksh optifibre ltd. and another18 was a case of international arbitration arising under section 45 of the act. with a bench of three learned judges deciding the case, the majority with justice y.k. sabharwal dissenting, took the view that in deciding the question as to whether a ..... satisfaction required is merely of prima facie nature and the chief justice does not decide lis nor contentious issues between the parties. section 11 neither contemplates detailed inquiry, nor trial nor findings on controversial or contested matters.46. the four main reasons behind the dissent can be summarised as under: 111. .firstly, ..... by possibility to diminish the efficacy of the [first part].63. [emphasis supplied]. 62(1992) 1 scc55863anandji haridas and co. (p) ltd. v. s.p. kasture [air1968sc565: (1968) 1 scr661 , patna improvement trust v. lakshmi devi [air1963sc1077:1963. supp (2) scr812 , ethiopian airlines v. ganesh narain saboo [(2011) 8 scc539: (2011) 4 scc (civ .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-26-2023
..... chargeable. but a failure to comply with the requirements of that section is merely punishable under section 64 of the stamp act. no provision in the stamp act empowers the revenue to make an independent inquiry of the value of the property conveyed for determining the duty chargeable. article 23 is the article that governs the charging ..... its bearing. but it may have to be carried out.42. as noticed by us, the appellants had also appealed against the judgment of the learned single judge. the single judge, it must be remembered, while upholding the order of the second appellant (district registrar) in regard to the value of the plant and machinery, had ..... was passed thereon on 06.04.2004 allowing the second respondent to carry out repair and overhaul operations inter alia subject to certain conditions. next, the learned single judge noted the letter dated 13.08.2004 by the general manager of the 15 district industries centre to the second appellant. it reads:"the commissioner of industries, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2023
..... served in such manner as may be prescribed. (3) if, after considering the objections, received during the period specified in the notice, and after conducting an inquiry in such manner as may be prescribed, the chief executive officer is satisfied that the property in question is waqf property and that there has been an encroachment ..... of the premises and filed an interpleader suit on 30.03.1998 before the munsiff court, kozhikode. that suit was transferred to the file of the district judge (os1472001) where the court decreed the suit and directed the appellants to pay rent to the third defendant.4. the ceo of the board initiated several ..... development corporation and state waqf development corporations so as to facilitate proper utilization of valuable waqf properties for the objectives intended. the committee recommended that the act should be amended so that the state waqf boards become effective and are empowered to properly deal with the removal of encroachments of waqf properties. it .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-01-2023
..... by this court in exercise of its jurisdiction under article 142 of the constitution?. 1 (2002) 10 scc194 this decision is rendered by a three judges bench. 2 (2010) 4 scc393 3 for short, hindu marriage act . t.p. (c) no.1118 of 2014 & ors. page 2 of 61 however, the question was never decided, since t.p. (c) no. ..... eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved ..... no action can be taken by the parties before the lapse of six months since the first motion. when the second motion is filed, the court is to make an inquiry, and on satisfaction that the averments made in the petition are true, a decree of divorce is granted. clearly, the legislative intent behind incorporating sub-section (2) to section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-02-2023
..... 3 the order of dismissal passed by the commissioner of the municipal corporation was challenged by the respondent before the learned single judge of the high court. before the learned single judge, the respondent challenged the inquiry report as well as the dismissal order on merits and also on the ground that the commissioner, who passed the order ..... the delegation covers all kinds of works including purchases and other execution of work in which it is found that the officer has committed irregularity or had acted in a negligent manner. it was further submitted that eventually, the general body of the corporation vide its resolution no.56 dated 15.12.1998 as ..... principal and secretary to dismiss him stood ratified by the competent authority (board of governors) themselves with retrospective effect from 16- 8-1996 thereby making an invalid act a lawful one in conformity with the procedure prescribed in the rules.7.2 applying the law laid down by this court in the case of pannalal choudhury .....
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