Court : Supreme Court of India
Decided on : Sep-04-2023
..... find that the conclusions arrived at by the commissioner, were undoubtedly a possible view , therefore extinguishing the possibility of perversity in findings.26. a bench of two learned judges observed in c. manjamma v. new india assurance co. ltd.9 15. that being the position, the view taken by the commissioner had been a possible view ..... commissioner is the last authority on facts involved in a case. in golla rajamma & ors. v. divisional manager & anr.8 (2-judge bench) it was observed that under the scheme of the act, the workmen's compensation commissioner is the last authority on facts. parliament has thought it fit to restrict the scope of the appeal only ..... ) 9 20. illustratively, in north east karnataka road transport corporation v. sujatha7 (two-judge bench) amongst numerous other cases, this court has observed: 12. in other words, the appeal provided under section 30 of the act to the high court against the order of the commissioner is not like a regular first appeal akin to section .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-06-2023
..... true that certain witnesses such as pw4 categorically mentioned certain accused persons holding particular weapons. as a solitary aspect, it can be seen as indicating a particular act done by the accused, aiding the death of the deceased person. however, the medical evidence of pw1 negates that possibility as well. the relevant extract of ..... has disbelieved such evidence. the discarding of eye-witness testimony is a fact- specific inquiry, and therefore the correction of such an action by the trial court shall be discussed later. 29 2023 scc online sc1060[3-judge bench]. 30 (1993) 3 scc282[2 judge bench]. 22- [cr. a no.866 of 2011].14. the law on circumstantial ..... to appreciate the principles that the courts must adhere to when adjudicating a case of this nature. principles in regard to dying declarations11 section 32 the indian evidence act, 18723 relates to statements, written or verbal of relevant fact made by a person who is dead or who cannot be found, in other words, dying declaration .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-12-2023
..... 337 of ipc r/w section 25(1)(a)(b) r/w section 6 and 27 of indian arms act, before the committal court.3. on committal of the case before the court of sessions, the learned sessions judge framed the charges against the accused for the aforesaid offences and read over the same to the accused and the ..... the oral and documentary evidence placed before the sessions court so also after hearing the learned counsel for the accused and the learned public prosecutor, the learned sessions judge convicted the accused for the charges leveled against him for the aforesaid offences. the said judgment challenged by the accused under this appeal.6. we have heard the ..... spp-ii for state.7. the learned senior counsel for the appellant vehemently contended that the judgment under this appeal suffers from infirmity and perversity. the learned sessions judge convicted the appellant without appreciating the - 8 - nc:2023. khc:24127-db crl.a no.1894 of 2016 evidence available on record and based on the assumption .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-2023
..... spp sri vijayakumar majage vehemently contended that the judgment under appeals does not suffer from any perversity or illegality. according to him, the learned sessions judge, by considering all the circumstances, has rightly convicted the accused for the charges levelled against them. learned additional spp would submit that the prosecution proved ..... circumstances against him, provides an additional circumstance in the chain of circumstantial evidence against him as contemplated under the provision of 106 of indian evidence act. since the incriminating circumstances which will be within his special knowledge and failure to discharge onus which lies on accused under the said provision is ..... in the case of neeraj dutta v. state (nct of delhi) reported in (2023) 4 scc731elaborately discussed in respect of section 6 of the evidence act and discussed about the 'evidence' meaning, scope and kinds of principles elucidated and held that (i) 'evidence' is the medium through which the court .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-18-2023
..... spp sri vijayakumar majage vehemently contended that the judgment under appeals does not suffer from any perversity or illegality. according to him, the learned sessions judge, by considering all the circumstances, has rightly convicted the accused for the charges levelled against them. learned additional spp would submit that the prosecution proved ..... circumstances against him, provides an additional circumstance in the chain of circumstantial evidence against him as contemplated under the provision of 106 of indian evidence act. since the incriminating circumstances which will be within his special knowledge and failure to discharge onus which lies on accused under the said provision is ..... in the case of neeraj dutta v. state (nct of delhi) reported in (2023) 4 scc731elaborately discussed in respect of section 6 of the evidence act and discussed about the 'evidence' meaning, scope and kinds of principles elucidated and held that (i) 'evidence' is the medium through which the court .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-21-2023
..... - nc:2023. khc:29737 mfa no.3796 of 2017 this mfa is filed under section301)(a) of w.c. act, against the judgment and award dated1709.2016 passed in eca no.82/2014 on the file of the i additional senior civil judge and cjm madya, dismissing the claim petition for compensation. this appeal coming on for further hearing this day, the ..... vs. ashokan of the supreme court to hold that "only when the benefit is received under the esi act, a claim under the provisions of m.v. act is barred". in the said case (western india plywood limited), in ..... the benefits were not claimed under the esi act." similar view is also expressed by a single bench of this court in the case of h.g. mahesh vs. smt. honnamma and another referred supra. the learned - 11 - nc:2023. khc:29737 mfa no.3796 of 2017 single judge has relied on the decision in the case of western india plywood limited .....
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