Court : Karnataka
Decided on : Jul-28-2023
..... . the petitioner/accused is before this court calling in question the said order of the learned sessions judge by which 10% of the cheque amount is directed to be paid as interim compensation under section 143a of the act.5. the learned counsel appearing for the petitioner would urge a solitary contention that the revision petition ..... 397 mandates that the power of revision conferred under sub- 9 section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. therefore, the issue would be whether the revision would be maintainable before the court of sessions against an order passed on an application filed ..... as pointed out in amar nath case the purpose of putting a bar on the power of revision in relation to any interlocutory order passed in an appeal, inquiry, trial or other proceeding, is to bring about expeditious disposal of the cases finally. more often than not, the revisional power of the high court was resorted .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... or not is required to be considered. however, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the court is required to consider the material/evidence collected during the investigation. even at this stage also, as observed and ..... .p., 2020 scc online all 914]. passed by the high court, it does not appear that the high court took into consideration the material collected during the investigation/inquiry and even the statements recorded. if the petition under section 482 2 (2021) 9 scc3539 crpc was at the stage of fir in that case the allegations in ..... 61. from the aforesaid, it can be said that there can be no thumb rule that in a prosecution before the court of special judge, the previous sanction under section 19 of the pc act, 1988 would invariably be the only prerequisite. if the offences on the charge of which, the public servant is expected to be put .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2023
..... past record. there is no case of disproportionate assets against respondent no.1; x. section 17a of the prevention of corruption act, 1988 as amended in 2018, provides for a bar on any enquiry, inquiry or investigation by a police officer into an alleged offence by a public servant, where the alleged offence relates to any decision ..... the process of law. some of the observations made by the special judge, cbi court, are to the following effect: thus, the ground of ill health pleaded by the learned advocate for the applicant would hold no ground as this ..... 3712. by an order dated 3rd november, 2022, the city civil & sessions court at ahmedabad rejected respondent no.1 s application for anticipatory bail. the special judge cbi court no.3 observed that respondent no.1 instead of cooperating with the investigating agency, had absconded and got himself admitted in a hospital in rajasthan to evade .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-11-2023
..... all the decisions of this court articulating the mandate of the constitution that there is implicit right under article 21 for speedy trial which in turn encompasses speedy investigation, inquiry, appeal, revision and retrial. to determine whether undue delay has occurred, one must have regard to nature of offence, number of accused and witnesses, workload of ..... trial , is a right flowing from article 21 of the constitution of india and it encompasses all stages of trial including that of investigation, inquiry, trial, appeal, revision and the trial 14 in dilawar v. state of haryana15 referring to various landmark judgements of this court, a bench of 2 learned ..... his prayer to set aside the conviction in s.c. no.1140 of 2006 under section 8 of the abkari act, was denied and the findings returned by 1 hereinafter referred to as the "impugned judgement"2. additional district & sessions judge, fast track (ad hoc-11), kozhikode, in judgment dated 3rd november, 2008, were endorsed. brief facts2 on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-18-2023
..... juvenility of a person in conflict with law had to be decided prima facie on the basis of physical appearance, or documents, if available. but an inquiry into the determination of age by the court or the jj board was by seeking evidence by obtaining: (i) the matriculation or equivalent certificates, if available ..... matriculation or equivalent certificate are placed in the same category.17. in abuzar hossain @ gulam hossain v state of west bengal5, this court, through a three-judge bench, held that the burden of proving that someone is a juvenile (or below the prescribed age) is upon the person claiming it. further, in that ..... of a child or makes the child to do so with him or any other person; or (b)........................ (c)........................ (d)........................ section 2(a) of the pocso act provides that 'aggravated penetrative sexual assault' has the same meaning as assigned to it in section 5. therefore, section 5, which defines 'aggravated penetrative sexual assault' is .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-15-2023
..... aside the judgment of conviction dated0911.2022 and order of sentence dated1011.2022 in sessions case no.105/2016 on the file of the ii addl. district and sessions judge, bagalkote and thereby acquit the appellant/accused for the offence punishable u/s302of ipc. 2 this criminal appeal having been heard and reserved on0612.2023 coming on for ..... of passion or sudden provocation. the counsel also would submit that the wife and the brother of the appellant tried to rescue the father but this appellant overturned their act and inflicted several injuries aiming on his neck. the counsel would also submit that when pw1 was cross-examined twice he had supported the case of the prosecution ..... single blow. even the evidence of pw1 is clear that he himself and the wife of the appellant were tried to rescue the father but the appellant overturned their act and again inflicted the injury. hence, the court has to take note of the nature of the injury which resulted in death of the victim. apart from that .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2023
..... following: order [i]. the appeal filed by appellant (claimant) stands allowed in part; [ii]. the impugned judgment and award dated 05-07-2019, passed by the i additional district judge and motor accident claims - 18 - mfa no.554 of 2020 tribunal-ii, mangaluru (d.k.), in m.v.c.no.1224/2017 stands set aside; [iii]. the matter ..... , this day, the court delivered the following: judgment the present appellant was the claimant in m.v.c.no.1224/2017, before the i additional district judge and motor accident claims tribunal-ii, mangaluru (d.k.), (hereinafter for brevity referred to as "the tribunal") whose claim petition under section 166 of the motor vehicles ..... mfa no.554 of 2020 **** this miscellaneous first appeal is filed under section1731) of the motor vehicles act, 1988, praying to modify/set aside the judgment and award dated0507-2019 in m.v.c.no.1224/2017, passed by the i additional district judge and mact-ii, mangaluru, (dk) and claim petition be allowed as prayed for by allowing this .....
Tag this Judgment!Court : Karnataka
Decided on : May-24-2023
..... or not is required to be considered. however, thereafter when the statements are recorded, evidence is collected and the charge-sheet is filed after conclusion of the investigation/inquiry the matter stands on different footing and the court is required to consider the material/evidence collected during the investigation. even at this stage also, as observed and ..... the alleged offences u/s448504,324,323,506 r/w34of ipc and of respondent k.r pete town police which is on the file of the hon'ble civil judge and jmfc, k.r pete, mandya by allowing the above memorandum of crl.p filed u/s482of code of criminal procedure, 1973. this petition, coming on for ..... (cri) 188]. .7. relying upon the aforementioned judgments of this court, mr m.n. rao, learned senior counsel appearing for the appellant submitted that the high court acted in excess of its jurisdiction in setting aside the order of the trial court by which process for summoning the accused was issued. he further submitted that the evaluation of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2023
..... an element of callousness to the result, which denotes or signifies the intention. in state of madhya pradesh v. ram prasad,11 this court held that:11. 1968 (2) scr52214 although clause fourthly is usually invoked in those cases where there is no intention to cause the death of any particular person (as the illustration shows ..... houses, and allegedly assaulted the deceased. therefore, in these circumstances, it is argued, the appellants are 3 liable only to the extent of their individual overt acts. it was argued alternatively, that the incident happened all of a sudden and without premeditation. the appellants had no intention to cause death but deter vrindawan from ..... holding that the offence did not fall within murder. similarly, three judges of this court, in santosh s/o. shankar pawar v. state of maharashtra12 observed, 13. even assuming that the accused had no intention to cause the death of the deceased, the act of the accused falls under clause fourthly of section 300 indian penal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-2023
..... and the selection process did not conform to the prescribed procedure. iv) upon perusal of the selection record, the learned single judge observed that it transpired that the selection board while making the selection had given extra weightage to some of the candidates when ..... .5. it was asserted that the power of judicial review does not extend to conducting a microscopic inquiry beyond the pleadings in the writ petition. reliance was placed on sadananda halo to contend that this court has held that a roving and ..... microscopic inquiry on factual aspects is not permissible in a writ petition. that a writ court cannot place itself as a ..... up to achieve the objective of the drugs and cosmetics act. 5.10. thereafter, nine letters patent appeals were filed before the high court challenging the order dated 18.12.2015 passed by the learned single judge. out of the nine appeals, three lpas (lpa nos .....
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