Court : Supreme Court of India
Decided on : Mar-17-2023
..... impose conditions limiting relief in terms of time, or upon filing of fir, or recording of statement of any witness, by the police, during investigation or inquiry, etc. while considering an application (for grant of anticipatory bail) the court has to consider the nature of the offence, the role of the person, ..... her case. notably, she had moved an intervention application in the anticipatory bail application moved by the respondent no.2/accused before the learned additional sessions judge and as is reflected from the order passed, her counsel was granted a hearing whereafter the said application was rejected. however, when a similar application for ..... intervention, coupled with the recommendations made from time to time as briefly noticed above, prompted parliament to bring into force the code of criminal procedure (amendment) act, 2008, which not only inserted the definition of a victim under section 2(wa) but also statutorily recognised various rights of such victims at different stages .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-26-2023
..... criminal case would jeopardise his career progression also cannot be brushed aside. it is also not forthcoming as to how he sourced the poison.32. the single judge has termed a person who decided to commit suicide a weakling and has also made observations on how the behaviour of the deceased before he committed suicide ..... . it is not the case of the deceased that the accused had deprived him of his wealth or have committed acts that have shattered his hopes in life or separated him from his family and friends. the single judge then makes the following observation in paras 41 and 43: (l. bheema naik case [l. bheema naik v. ..... pardonable and could have been excused. all your acts and negligence are deplorable and your silence, ignorance and attitude are against the interest of spirit of an educationist. instead of upholding the spirit of inquiry, moral leadership and becoming a role model, your silence suggests concealment, non-transparency, unfairness and inequity. a pen is mightier than the .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-02-2023
..... request you to take appropriate action and help and protect me from the harassment of mr. srinivas and his henchmen. (emphasis added) the police after preliminary inquiry register a non- cognizable report. taking the threat further, a legal notice is caused by the complainant upon the 1st and 3rd petitioners in which the claim ..... and fabricated documents were only against accused 1, ought to have exercised his jurisdiction to quash the proceedings qua accused 4 also. we find that the learned judge ought to have applied the same parameters to the present accused 4, which had 23 been applied to the other accused whose applications were allowed. (emphasis ..... or interpretation of this deed or any other matter relating to the partnership affairs, shall be referred to arbitration under the provisions of the arbitration and conciliation act, by appointing a sole arbitrator.16) jurisdiction: every matter arising out of this deed and all transactions covered by it are subject to the jurisdiction of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-30-2023
..... deed dated 28.09.1956 6 second sale deed dated 01.03.1958 7 the hindu minority and guardianship act, 1956 8 sub judge ii class, karnal 9 additional district judge, karnal 2 judgment and decree of the trial court, however the high court in second appeal reversed the ..... plaintiff had claimed his date of birth as 16.8.1951 and it had come only in his oral evidence that in the year 1968, he was about 18 years old. . the additional document in the form of a certificate from doon school, dehradun has been produced ..... by three sons and two daughters. the first sale deed was got registered by him during his lifetime as he expired on 08.08.1968.9. as far as the date of birth of late-sukhjit singh (now deceased) is concerned, though the high court in its ..... back.13. the transaction in favour of the state may otherwise be protected in terms of section 41 of the transfer of property act, 1882 as 7 the stand taken before the court was that there was due diligence before the sale transaction was entered into .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-19-2023
..... be rs.3,000 x22137 which is equal to rs.6,64,110/- (rupees six lakhs sixty four thousand one hundred and ten only).14) the mandate of the act insofar as payment of interest is concerned is clear and unambiguous viz., the claimants would be entitled to interest @ 12 per cent per annum from one month after the ..... would have to necessarily examine as to whether compensation awarded in favour of claimants is in terms of the statutory mandate.11) having regard to the object of the act which envisages dispensation of social justice, we are of the considered view that the deputy labour commissioner-cum-commissioner for workmen compensation fell in error in arriving at a ..... not partake the character of a contested claim as stipulated under the notification issued by the appropriate government under section 20 (1) and (2) of the w.c. act. on this count itself, it has to be held that high court fell in error in arriving at a conclusion that claim 5 petition was not maintainable before the deputy .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-12-2023
..... of this court in canara bank (supra), which upheld the views expressed by a two-judge bench in rajinder lal capoor -ii (supra). 812. he further submitted that the 1979 regulations do not provide for any procedure to be followed for inquiry or the punishment which can be imposed. for this, the disciplinary authority will have ..... amendment in the regulations would take effect only after its publication in the official gazette in terms of the amendment made in section 19(1) of the 1970 act.10 admittedly, the idea behind the publication in the official gazette is to make the affected people aware about the changes in law. admittedly, there was no ..... 1986, regarding the amendment carried out in regulation 20 of the 1979 10 the banking companies (acquisition and transfer of undertakings) act, 1970. 9 regulations. after the amendment in section 19(1) of 1970 act, the pre-requisite of the publication through gazette notification was required to be complied with. on failure of publication in the .....
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 : Supreme Court of India
Decided on : Mar-03-2023
..... .3. the high court of tripura, while declining to grant relief prayed by the petitioner therein, constituted a high powered committee (for short 'hpc') headed by the retired judge of this court, namely, hon'ble mr. justice deepak verma, as its chairman, and members (by designation), which included director general of forests (union of india), head ..... vs. state of tamil nadu and ors. 35. it is further submitted that respondent no.3 is a registered public charitable trust under the gujarat public trust act, 1950 and the object of the trust is to promote welfare of animals and to establish paraphernalia for the welfare of animals in need to carry out the ..... it is contended that from time to time various writ petitions in the nature of public interest litigation have been filed against respondent no.3 and other persons acting with non profit philanthropic noble object of taking care of abandoned or rescued elephants and other animals. the main ground of challenge in these pils has been that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-08-2023
..... is liable to be discredited and invalidated on the self-same ground of delay. we thus find the approach of the ncdrc to be flawed.23. as judges, we are not experts in the field of refrigeration of cold storages to opine on our own which of the two versions is correct and acceptable. this ..... establish either that the surveyor did not comply with the code of conduct in respect of its duties, responsibilities, and other professional requirements or that the insurer acted arbitrarily in rejecting the whole or a part of the surveyor's report. it also reiterated the dicta of pradeep kumar (supra) as discussed hereinabove. further, ..... cold storage india pvt. ltd. appellant vs. national insurance company limited respondent judgment dipankar datta, j.1. the present appeal, under section 23 of the consumer protection act, 1986 (for brevity, cpa hereafter) registers a challenge to the judgment and order dated 13th september 2011 passed by the national consumer disputes redressal commission, new delhi ( .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-09-2023
..... there existed no debt/liability at the time of issuance of cheque?. in the absence of rebuttal evidence being led the inquiry would entail: has the accused proved the nonexistence of debt/liability by a preponderance of probabilities by referring to the particular ..... evidence to the contrary from the opponent but if the opponent does offer evidence to the contrary (sufficient to satisfy the judge's requirement of some evidence), the presumption 'disappears as a rule of law and the case is in the jury's ..... conceptual underpinnings 29. there are two senses in which the phrase burden of proof is used in the indian evidence act, 1872 (evidence act, hereinafter). one 18 is the burden of proof arising as a matter of pleading and the other is the one ..... shall carry on the business of advancing loans unless he gets himself registered under sub-section (1) 5 adaptation of law order 1968 see page 75 6 (2010) scc online bombay 54 8 proceedings before the high court 17. on reappreciating the evidence on .....
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