Court : Supreme Court of India
Decided on : Aug-04-2023
..... and is subject to the process of the court during the course of the trial. 15 at this stage, the court must notice that the district judge while acting as a trial judge in the suit exercised discretion under order xxvi rule 10a to direct a scientific investigation by the asi. the order of the learned trial ..... mentioned in the report or as regards the report including the manner in which the investigation has been made. the court is also empowered to direct such further inquiry if it is dissatisfied with the proceedings of the commissioner. the evidentiary value of any report of the commissioner is a matter to be tested in the suit ..... the investigation. (3) commissioner may be examined in person. where the court is for any reason dissatisfied with the proceedings of the commissioner, it may direct such further inquiry to be made as it shall think fit. 10-a. commission for scientific investigation. (1) where any question arising in a suit involves any scientific investigation which cannot, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-27-2023
..... comment:32. 102. this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and scrutiny regarding their antecedents. integrity and merit have to be properly considered and evaluated in the appointments to such high positions. it is an ..... persons of integrity and competence for appointment of chairman of the public service commission and referred the question to a larger bench of three judges.45. i have already held that it is for the governor who is the appointing authority under article 316 of the constitution to ..... monitoring for compliance to the staff. granting consent for establishment, consent for operation & authorizations for industries, construction & other projects, under water (p&cp) act, 1974. air (p&c) act, 1981. hazardous waste (management and handling transboundry) rules, 2016, plastic waste (management & handling) rules 2011, bio medical waste(management & handling) rules, .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-27-2023
..... comment:32. 102. this unfortunate episode teaches us an important lesson that before appointing the constitutional authorities, there should be a thorough and meticulous inquiry and scrutiny regarding their antecedents. integrity and merit have to be properly considered and evaluated in the appointments to such high positions. it is an ..... persons of integrity and competence for appointment of chairman of the public service commission and referred the question to a larger bench of three judges.45. i have already held that it is for the governor who is the appointing authority under article 316 of the constitution to ..... monitoring for compliance to the staff. granting consent for establishment, consent for operation & authorizations for industries, construction & other projects, under water (p&cp) act, 1974. air (p&c) act, 1981. hazardous waste (management and handling transboundry) rules, 2016, plastic waste (management & handling) rules 2011, bio medical waste(management & handling) rules, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... to resolve the issues between the parties and to determine their rights. it is also 1-slp (c) no.14445 of 2021 not a sport; it is an inquiry into the truth, in which the general public has an interest. it would be useful to also refer to the objectives in framing rules for conducting civil proceedings. ..... plaintiff by producing documents during the course of cross- examination (emphasis supplied) 5.1 in vinayak m dessai (supra) the learned single judge observed : 17. evidence in terms of section 3 of the evidence act, 1872 means and includes all statements which the court permits or requires to be made before it by witnesses in relation to matters ..... of fact under inquiry; such statements being called oral evidence and all documents including electronic records produced for the inspection of the courts being the documentary evidence. section 118 of the said act provides for the persons who may testify and reads that all persons must be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-02-2023
..... of excessive delegation, yet it found the power under section 5(2)(a) of the gold (control) act, 1968 to be valid since it provides an inbuilt safeguard that the administrator has to act after consultation with the rbi.172. a seven-judge bench of this court in the case of birla cotton, spinning and weaving mills delhi (supra) was considering ..... an agent, it may empower the agent to make findings of fact which are conclusive provided such findings satisfy the test of reasonableness. in all such cases, judicial inquiry is confined to the question whether the findings of fact are reasonably based on evidence and whether such findings are consistent with the laws of the land. as ..... principles laid down in the aforesaid judgments, we will have to examine as to whether the decision-making process in the present case is flawed or not. our inquiry has to be limited only to find out as to whether there is an illegality in the decision-making process, i.e. whether the decision makers have understood .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-17-2023
..... part ii against those injuries, amounts to one hundred per cent or more;26. in pratap narain singh deo v. srinivas sabata and another5, decided by a four-judge bench of this court, the injured workman was a carpenter by profession and by loss of left hand above the elbow, he was evidently rendered unfit for the work ..... for the appellant and have perused the record. submissions of the appellant21 the learned counsel for the appellant submitted that, - firstly, appeal under section 30 of the act is not to be entertained unless a substantial question of law arises. in absence of any perversity in the reasoning qua the extent of disability, it being a question ..... order for not depositing the compensation amount within the stipulated time.12. aggrieved by the order of the commissioner, r-1 preferred appeal, under section 30 of the act, before the high court. findings of the high court13 the high court did not disturb the finding of the commissioner with regard to the entitlement of the appellant .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-2023
..... appeal no.688 of 2011 etc. page 39 of 44 irregularity occurred, that is, from the stage of questioning the accused under section 313 crpc and the trial judge may be directed to examine the accused afresh and defence witness, if any, and dispose of the matter afresh. 30.4 the appellate court may decline to remit ..... co-accused babu ram used a firearm while committing the offences punishable under section 302/307/34 i.p.c and thus committed an offence u/s 27 of arms act. what have you to say?. apart from the incriminating circumstances extracted above, various other pieces of evidence such as injury reports, recovery memorandums, autopsy/ medical reports, etc ..... is well established that a common intention presupposes prior concert. it requires a pre-arranged plan because before a man can be vicariously convicted for the criminal act of another, the act must have been 19 air1955sc216criminal appeal no.688 of 2011 etc. page 26 of 44 done in furtherance of the common intention of them all: mahbub .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-22-2023
..... r2, sri.s.s.koliwad, adv. for r3) this mfa is filed u/s.173(1) of motor vehicles act, 1988, against the judgment and award dated0202.2019 passed in mvc no.28/2015 on the file of the senior civil judge and additional motor accident claims tribunal, hirekerur, awarding compensation of rs.15,47,000/- with interest at7% p.a ..... insurance has to be interpreted in stricto senso and there cannot be any implied interpretation applied to a contract of insurance.33. in the said judgment, the learned judge of high court of judicature at madras considered the proposal of owner of vehicle, its acceptance by insurer and liability of both the parties and discussed them in detail ..... there is, thus, nothing further for us to deliberate upon. (b) 7oriental insurance company limited vs porselvi and another in paragraph no.5, it was observed that: a three judge bench of this court in new india assurance co. ltd. vs. sita bai (smt.) and ors. [(1999) 7 scc575 inter alia observed as follows :"6. the correctness and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-22-2023
..... r2, sri.s.s.koliwad, adv. for r3) this mfa is filed u/s.173(1) of motor vehicles act, 1988, against the judgment and award dated0202.2019 passed in mvc no.28/2015 on the file of the senior civil judge and additional motor accident claims tribunal, hirekerur, awarding compensation of rs.15,47,000/- with interest at7% p.a ..... insurance has to be interpreted in stricto senso and there cannot be any implied interpretation applied to a contract of insurance.33. in the said judgment, the learned judge of high court of judicature at madras considered the proposal of owner of vehicle, its acceptance by insurer and liability of both the parties and discussed them in detail ..... there is, thus, nothing further for us to deliberate upon. (b) 7oriental insurance company limited vs porselvi and another in paragraph no.5, it was observed that: a three judge bench of this court in new india assurance co. ltd. vs. sita bai (smt.) and ors. [(1999) 7 scc575 inter alia observed as follows :"6. the correctness and .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-24-2023
..... we do not find any conflict on the question raised in the order of reference between the decisions of two benches of three learned judges in shanti bai, 1995 acj470(sc) and amrit lal sood, 1998 acj531(sc), aforementioned and, on the other hand, there is ..... at kalaburagi, the court delivered the following: judgment aggrieved by the judgment and award passed in mvc no.583/2011 by senior civil judge and jmfc and - 4 - nc:2023. khc:42494 mfa no.174 of 2018 c/w mfa no.6621 of 2018 mact-xv ..... 2021 in mfa no.174/2018) this mfa is filed u/s1731) of mv act against the judgment and award dated2408.2017 passed in mvc no.583/2011 on the file of the senior civil judge, jmfc, mact-xv, kunigal, partly allowing the claim petition for compensation and ..... is held sufficient v/o dated1302.2023) this mfa is filed u/s1731) of mv act against the judgment and award dated2408.2017 passed in mvc no.583/2011 on the file of the senior civil judge & jmfc, kunigal, awarding compensation of rs.7,27,114/- with interest at6 .....
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