Court : Karnataka
Decided on : Jul-28-2023
..... under article227of the constitution of india praying to quashing the impugned portion of the order dated1102/2022 passed by the honble lxxxvii addl. city civil and sessions judge (exclusive dedicated commercial court) (cch-88) at bengaluru in com ex.pet.no.224/2021 produced as annexure-a and consequently direct the decree holder ..... possibly misconstrued by executing court to be an instrument. the executing court therefore erred in impounding arbitral award in execution proceedings under section 36 of the 1996 act. iii) an arbitral award stems from an adjudication of disputes which is not a creature by consent, but on account of unilateral expression of adjudication ..... of an award as a decree. arbitral award is tendered in execution proceedings for enforceability of an award. therefore, sections 33 and 34 of the stamp act which mandates and requires an insufficient stamped instrument to be impounded and consequently penalty to be imposed cannot be extended and applied to arbitral awards. an .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-17-2023
..... case. elaborating further, she would submit that it is pertinent to note that both cases are by constitution benches. thereafter on 16.08.2012, 14 retired judges of the hon ble apex court and hon ble high courts, submitted representations to his excellency the president praying for clemency on behalf of the petitioner and ..... an additional punishment:22. the learned counsel for the petitioner would contend that the second supervening circumstance, which aids the petitioner to seek commutation is the act of the jail authorities in resorting to single cell confinement, of the convict/petitioner. the learned counsel would submit that single cell confinement or in other ..... clearly reveals that solitary confinement as a sentence under the penal code is the severest. less severe is cellular confinement under section 46(10) of the prisons act and under section 46(8). obviously, disciplinary needs of keeping apart a prisoner do not involve any harsh element of punishment at all. we cannot, therefore .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-21-2023
..... represented by her learned counsel. the learned addl.state public prosecutor and the learned counsel for the respondent (accused) are physically appearing in the court.6. the sessions judge s court records were called for and the same are placed before this court.7. heard the arguments from both side. perused the materials placed before this court, ..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. with this, it held that the above five golden principles constitute the panchsheel of the proof of a case based ..... circumstances. (b) our hon ble apex court in the case of shivaji chintappa patil's case (supra), was pleased to observe that, section 106 of the evidence act does not directly operate against either a husband or a wife staying under the same roof and being last person seen with the deceased. section 106 does not absolve .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... to continue, the underlying principle being the higher standard of proof in criminal cases. 39. in our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in the ..... to continue, the underlying principle being the higher standard of proof in criminal cases.39. in our opinion, therefore, the yardstick would be to judge as to whether the allegation in the adjudication proceedings as well as the proceeding for prosecution is identical and the exoneration of the person concerned in ..... the lokayukta police implicated the applicant in the criminal case as well as departmental inquiry. without examining this aspect of the matter, the karnataka lokayukta gave report under section 12(3) of the lokayukta act to the government recommending initiation of inquiry. so also the government without examining the material on record and solely accepting .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... that the gpa that he is said to have executed on 04-08-2012 is said to be forged and sought investigation at the hands of the police. preliminary inquiry was conducted by the police in terms of the judgment of the apex court in the case of lalita kumari v. government of u.p. (2014) 2 ..... whether the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. that is the function of the trial judge. judicial process, no doubt should not be an instrument of 27 oppression, or, needless harassment. court should be circumspect and judicious in exercising discretion and should take ..... to establish direct contractual relationship with specific customers, if jipl feels they can be served better. further, in such a situation, the dealer, if jipl agrees, can act as an intermediary. assuming the bill/invoice had wrongly recorded respondent 2 complainant as the buyer, it is not doubted that manav rachna international was the consignee. at best .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-2023
..... to quash the entire proceedings in c.c.no.2340/2023 pending on the file of iv additional civil judge and j.m.f.c., davanagere for the offence p/u/s3of the karnataka open places (prevention of disfigurement) act in respect of the petitioner. this criminal petition, coming on for admission, this day, the court made ..... crime in crime no.33 of 2023 registered for offences punishable under section 3 of the of karnataka open places (prevention of disfigurement) act, 1951 & 1981 ( the act for short).2. heard sri s.g. rajendra reddy, learned counsel ..... the following: order the petitioner is before this court calling in question proceedings in c.c.no.2340 of 2023 pending before the iv additional civil judge and jmfc, davanagere arising out of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-17-2023
..... frustrate the order of the learned division bench as well as the ends of justice. it was, thus, again directed that the order of the link judge would not be acted upon and respondent no.2 shall not be released from custody, without an order of the competent court. this order was later, upheld by the division ..... crpc as the decision to withdraw prosecution was taken at the level of the state government and the public prosecutor was merely asked to act upon the said government notification. the link judge also showed tearing hurry in accepting the application of the public prosecutor and permitting withdrawal from prosecution even before the date when the case ..... was taken up for hearing on the afternoon of the same day when the trial court had allowed the public prosecutor to withdraw the criminal case. a learned single judge of the high court noted as follows: surprisingly, in the instant case, a specific notification was issued on february 26, 2021, apparently communicating a direction of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-17-2023
..... lizo and thereafter he had absconded.3. mr. sajid, son of the deceased lodged a missing complaint and in the backdrop of information regarding the accused, inquiry was conducted and accused confessed to the crime and showed where the dead body was concealed in the presence of witnesses. hence, the prosecution alleged in this manner ..... v. n. raghupathy, learned standing counsel appearing by the state would support the judgment passed by the high court. he would submit that when learned sessions judge had failed to look into the evidence available before it or had erroneously appreciated the available evidence it had resulted in appellate court exercising its jurisdiction to reverse ..... versus state of karnataka respondent judgment aravind kumar, j.1. this appeal under section 2(1)(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 by the sole accused in sessions case no.96 of 2012 on the file of the fast track court, sagar taluk, arises from a judgment rendered .....
Tag this Judgment!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-09-2023
..... ground to invalidate the state act. again, in javed and others vs. state of haryana and others [(2003) 8 scc369, a 3-judge bench of this court held that it is not permissible to compare a piece of legislation enacted by a state in ..... 254(2) of the constitution.37. in ranganatha reddy (supra), a constitution bench of 7 judges observed that the repugnancy, if any, between a state act and a central legislation on a subject in the concurrent list would stand cured if the state act receives the assent of the president under article 254(2) and such repugnancy cannot thereafter be a ..... considered by a 3-judge bench of this court in shiv kumar and another vs. union of india and others [(2019) 10 scc229. the question therein was whether subsequent purchasers of acquired land would be entitled to seek invalidation of the acquisition on the ground of delay under section 24(2) of the new la act. the bench held that .....
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