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 : May-19-2023
..... the pleadings, the trial of the election petition cannot proceed for want of cause of action. the emphasis of law is to avoid a fishing and roving inquiry. it is therefore necessary for the court to scrutinise the pleadings relating to corrupt practice in a strict manner. (emphasis added) 17. this court held that ..... while doing so, he observed that the first respondent had forwarded copies of a compact disc, photographs, etc. to the returning officer (5th respondent). the learned judge directed the first respondent to file all relevant documents such as emails, photographs, video footage, etc. which were submitted to the returning officer within a period of ..... and the material particulars of allegations regarding corrupt practices as defined under section 123 of the act. the law on the point is well settled which appears to have not been taken note of or appreciated by the learned trial judge. after referring to various pronouncements of this court including cases in balwan singh v. lakshmi .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-24-2023
..... the accused no.1's direct involvement in the assault. 2.6 upon filing of charge sheet by the respondent police, a session case was registered before the additional sessions judge, bhavani in s.c.no.177 of 2010. the trial court taking cognizance of the offence, framed two charges. charge against the accused nos.1 to 3 was under ..... . however, the trial court acquitted the other two accused.13. hence, it can be safely concluded from the evidence led in the present case that the appellant s overt act of killing the deceased happened during a fit of anger in the heat of a passionate verbal quarrel and would fall under exception 4 to section 300 ipc. moreover, the ..... contributory factor leading to the verbal altercation but it was not the reason for the accused to carry out a pre-planned fatal attack against the deceased. the appellant had acted suddenly , in the heat of passion and without a pre-planned approach to kill the deceased.12. right from the beginning i.e. he prosecution story as set up .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jul-21-2023
..... health department, as also secretary e-governance department.30. in view of the above, i do not find any infirmity in the order passed by the iii-additional senior civil judge and jmfc, raichur in fr. mvc no.575/2022, as such, the writ petition stands dismissed.31. though the above matter is dismissed, to report compliance by the ..... to respondents dispensed with) this writ petition is filed under articles226and227of the constitution of india, praying to quash the order dated0507.2023 passed by the iii addl. senior civil judge and jmfc, raichur in fr mvc no.575/2022, the copy of which is at annexure-a and etc., this petition, coming on for preliminary hearing this day, the ..... /2022. the present petition arises out of an order dated 05.07.2023 passed by the iii-additional senior civil judge and jmfc, raichur in fr mvc no.575/2022 on an application under section 5 of the limitation act, condoning delay of 5 months in filing the claim petition.4. the submission of sri mohd.abdul quayum, learned .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-18-2023
..... . accordingly, we pass the following; order i. the appeal is allowed in part. ii. the judgment and award dated 21.07.2017 passed by the iv additional district judge and mact-xiii in m.v.c.no.1735/2015, is hereby modified. iii. appellants/claimants are entitled for a total compensation of rs.22,62,000/- as against ..... (smt) and others vs. delhi transport corporation and another3, as affirmed in the case of reshma kumari and others vs. madan mohan and another4.19. the motor vehicles act, 1988, in the matter of awarding compensation, being a beneficial legislation for the benefit of the victims and members of their family, the courts shall have to compute compensation, ..... . 03.07.2019 notice to r1 is dispensed with) this appeal is filed under section173(1) of the motor vehicle act, praying to modify the judgment and award dated2107.2017 passed by the court of iv addl. district judge & mact-xiii, vijayapura in mvc.no.1735/2015 and award the compensation as prayed for in the original claim petition. .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-18-2023
..... the proceedings in cc.no.793/2022 (crime no.204/2021 humnabad p.s.), for the offences under sections498a), 323, 506, 494 r/w34ipc, and3and4dp act, pending on the file of civil judge and jmfc court at humanabad, against the petitioners. this petition, coming on for admission, this day, the court made the following: order1 heard learned ..... of law. accordingly, i pass the following: order the petition is allowed. the proceedings in c.c. no.793/2022 pending on the file of the learned civil judge and j.mf.c., humnabad, bidar district arising out of crime no.204/2021, registered by the respondent- police for the offences punishable under sections 323, 504, 506 ..... offence, in such a situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-06-2023
..... alleged will executed. he pointed out that the answers obtained in cross- examination of attesting witness (d.w.2) has been rightly appreciated by the learned trial judge while appreciating the case of plaintiff and rightly decreed suit.31. he also argued that will executed by sri. murthy rao and smt. rangamma is not properly proved ..... was residing with her husband after her marriage and the fourth defendant having acquired the citizenship of new zealand is the resident of new zealand from the year 1968 with his wife and children. fifth defendant is residing with her husband in kumbakonam. 105. s.s. murthy rao hailed from tamil nadu and inherited some ..... burden expected to be discharged by law is only to the extent that the propounder has to show the execution in terms of the essential statutory requirements under the act; absence of suspicious circumstances; and mental fitness of the testator. thus, while appreciating the material evidence placed on record, the court is not expected to look .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-2023
..... state public prosecutor while justifying the impugned judgment of conviction and order of sentence, contended that though some of the witnesses turned hostile, learned sessions judge convicted accused based on circumstantial evidence, last seen theory and recovery of material objects from the possession of accused. he further contended that official witnesses ..... intimidation as contemplated under section 503 of ipc. 7660. it is relevant to state at this stage the provisions of transplantation of human organs and tissues act ('thota' for short) regulates the removal, storage, transplantation of human organs and tissues for therapeutic purpose for preventing commercial dealings in human organs and ..... be convicted based on the recovery made at his instance and based on his voluntary statement, in view of section 27 of the indian evidence act, as panch witnesses failed to support case of prosecution and no independent witnesses have supported case of prosecution.31. it is well settled that court .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... following: judgment this second appeal is filed challenging judgment and decree dated 29.09.2006 passed in r.a.no.213/2004 on the file of the ii additional district judge, tumakuru and confirm the judgment and decree dated 13.10.1997 passed in o.s.no.9/1993 on the file of the munsiff and j.m.f.c., koratagere ..... this rsa is filed u/s. 100 of cpc against the judgement & decree dated2909.2006 passed in r.a.no.213/2004 on the file of the ii addl. district judge, tumakuru, dismissing the appeal and confirming the judgement and decree dated1310.1997 passed in os.no.9/1993 on the file of the munsiff & jmfc, koratagere. this appeal coming on ..... was in fact justified by legal necessity or was for the benefit of the joint estate or he had made reasonable and bonafide inquiry as to the existence of the necessity and satisfied himself that the manager was acting for the benefit of the estate. the learned counsel referring this judgment would vehemently contend that the appellants herein have not made any .....
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