Court : Karnataka
Decided on : Feb-28-2023
..... the police, after investigation, file a charge sheet in the matter and the case is now registered as s.c.no.664 of 2022 and pending before the learned sessions judge. filing of charge sheet by the police after investigation thereto is what drives the petitioner to this court in the subject petition.3. heard sri chetan desai, learned counsel ..... [2019 (1) khc403, the apex court held that if the accused had not made a promise with the sole intention to seduce the prosecutrix to indulge in sexual act, such an act would not amount to rape. in state of uttar pradesh v. naushad [(2013) 16 scc651 again the hon'ble supreme court held that the consent of the victim ..... promise and not fulfilling a false 29 promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the accused .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-11-2023
..... would also be applicable for the cases registered under the provisions of the pocso act.14. section 14a of the atrocities act which provides for an appeal remedy as against the orders passed by the special judge trying the offences under the provisions of the said act, reads as under:"14a. appeals.- (1) notwithstanding anything contained in the code ..... viz., atrocities act and pocso act are invoked, a petition under section 439 cr.pc before the high court is maintainable.21. coming to the merits of the case, as per the complaint averments, petitioner allegedly came to the house of the complainant and had called out the name of her daughter and on inquiry, he had ..... allegations made in the complaint, the aforesaid submission made by the learned counsel for the petitioner cannot be simply brushed aside. petitioner has not committed any such act in the house of the complainant which would have abetted or instigated the minor girl to commit suicide.25. complainant and her brother-in-law who were .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... proceedings in crime no.32/2023 registered for the offences punishable under sections 376, 506, 417 and 420 of the ipc, now pending before the ii additional civil judge and jmfc court, gadag.2. facts in brief, germane are as follows: the second respondent is the complainant and the petitioner is the sole accused. the ..... the fact that the biological parents being the petitioner and the complainant, the allegations by the complainant would stand to reason. if it were to be consensual acts, which have become nothing, it would have been a circumstances altogether different. it is therefore, the entire charge sheet material which was already filed before the concerned ..... position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... hall, bengaluru concerning fir in crime no.55 of 2021 of indiranagar police station as also proceedings in c.c.no.247 of 2022 pending before the ii additional civil judge (senior division) and jmfc, davangere arising out of fir in crime no.103 of 2021 of women s police station, davangere stand quashed. consequently, pending applications, if ..... promise and not fulfilling a false promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the ..... legal position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... hall, bengaluru concerning fir in crime no.55 of 2021 of indiranagar police station as also proceedings in c.c.no.247 of 2022 pending before the ii additional civil judge (senior division) and jmfc, davangere arising out of fir in crime no.103 of 2021 of women s police station, davangere stand quashed. consequently, pending applications, if ..... promise and not fulfilling a false promise. if the accused has not made the promise with the sole intention to seduce the prosecutrix to indulge in sexual acts, such an act would not amount to rape. there may be a case where the prosecutrix agrees to have sexual intercourse on account of her love and passion for the ..... legal position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-21-2023
..... whether there is sufficient evidence against the appellants to summon them as additional accused?.12. section 319 cr.p.c. contemplates that: .where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried ..... .01.2020 whereby the high court of punjab and haryana at chandigarh (in short high court ), while setting aside the order dated 12.07.2018 passed by the additional sessions judge, nuh, has ordered the summoning of the appellants under section 319 of the code of criminal procedure, 1973 (hereinafter cr.p.c. ) as additional accused. a. f ..... person could be tried together with the accused . the words used are not for which such person could be convicted . there is, therefore, no scope for the court acting under section 319 crpc to form any opinion as to the guilt of the accused.14. this court has very recently, in sukhpal singh khaira vs. the state of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-14-2023
..... against government servant, the appointing authority has to be satisfied about the allegations contained therein and further such allegations have any substance enabling to hold formal disciplinary inquiry against the government servant for imposition of major penalty against him. before such satisfaction is arrived at with regard to such allegations, it is not open for ..... view, reliance in that decision was placed on s. govinda menon v. union of india, [(1967) 2 scr566: air1967sc1274 an earlier decision by a bench of two judges. 22 38. in kul bhusan chopra v. punjab national bank and ors. (1979) iillj86del the delhi high court while considering the suspension of the petitioner under clause ..... disciplinary proceedings as per law.49. the main allegation against respondent no.1 is that on 05.01.2019 and 06.01.2019, he was directed to act as duty magistrate during the haryana teacher s eligibility test, 2018 and he remained absent from this duty and as such he was negligent in performing his .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-05-2023
..... service without anything more during or at the end of the prescribed period, which is styled as period of probation. the mere holding of preliminary inquiry where explanation is called from an employee would not make an otherwise innocuous order of discharge or termination of service punitive in nature. therefore, the ..... that it was passed in violation of the principles of natural justice.2. assailing the same, the appellants/state preferred first appeal before additional district judge, amritsar. simultaneously, the respondent-plaintiff also filed a first appeal and sought relief of mandatory injunction on the ground that since the order discharging him ..... above, the allegation of serious misconduct is common, unlike in the instant case, wherein, the foundation of discharge is not on any serious allegation or act of misconduct. the discharge order was passed on the recommendation of the concerned supervisory authority of the training centre due to prolonged absence from training without .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-04-2023
..... with chapter xv ( complaints to magistrates ; sections 200-210). these two powers are different and there also lies a procedural distinction between the two.25. a three judge bench decision of this court in ramdev food products private limited (supra) had examined the distinction between powers of the crl.a. no.1581/2021 etc. page 46 ..... supra) was expressly following the judgment of this hon ble court in the case of priyanka srivastava (supra). it is submitted that therefore also, the learned single judge ought not to have taken a contrary view. crl.a. no.1581/2021 etc. page 10 of 633.9 it is further submitted by the learned senior ..... . the accused filed an application on 4th october 2021 under the right to information act, 2005 and have received on 22nd october 2021 copies of preliminary inquiries done by police station bhawanipore dated 30th october 2020 and 5th november 2020. the preliminary inquiries conclude that in the communications made to the police between 2018 to 2020, there .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-10-2023
..... enquiry officer in respect of those charges. 4 charges against the judicial officer s. charge reply to charge held to be no.proved/not proved by the inquiry officer inquiry di.2/2005 1. that the judicial officer first suit- absence of the proved had granted an order of agp (mallaraja gowda) on status quo on ..... , learned senior counsel appearing the appellant-high court and ms. anitha shenoy, learned senior counsel appearing for the respondent. 24. the respondent was appointed as a civil judge (junior division) vide a notification dated 31.01.1995.5. on certain allegations of gross misconduct, the respondent was placed under suspension by an order dated 25.01 ..... judgments before in o.s.31/2001 but did pronouncement. there was not sign the judgment. never any complaint against him to this effect. that vested interests acting against him. his stenographer was new and irregular in taking dictation, made mistakes, and admitted his shortcomings in a letter.4. that the judicial officer denied the .....
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