Court : Supreme Court of India
..... xii, xvii and xviii of the indian penal code, whose facts of the present case, show that he is by habit a robber, house breaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery ; (4) any person convicted of any of the offence specified in (i) above when it appears from the facts of the case, even though no previous conviction has been proved, that he is by habit a member of a gang of dacoit ..... and xviii of the indian penal code, whose facts of the present case, show that he is by habit a robber, house breaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery; (2) any person convicted of an offence punishable under chapter xvi of the indian penal code, whose previous conviction or convictions taken in conjunction with the facts of the present case show that he ..... whose previous conviction or convictions, taken in conjuction with the facts of the present case, show that he is by habit a robber, housebreaker, dacoit, thief or receiver of stolen property or that he habitually commits extortion, cheating, counterfeiting coin, currency notes or stamps or forgery; ii) any person convicted of an offence punishable under chapter xvi of the indian penal code, whose previous conviction or convictions taken in conjunction with the facts of the present case, show that he .....
Tag this Judgment!Court : Supreme Court of India
..... after going through the report, the additional chief secretary, home (police) issued the impugned order dated 16th november, 2021 noting the conduct of the appellant and observing that he exhibited signs of gross negligence, indifference and selfishness while performing the duties and that such conduct was highly condemnable. .....
Tag this Judgment!Court : Supreme Court of India
..... . given this settled legal position, it would suffice at this stage to note that several witnesses from within the police department, such as, dilip madhuprasad sawwalakhe (pw-20), shalikram sarasram nimkar (pw-23), sumanbai (pw-22), and dayaram bakaram sonkusare (pw-19), and independent witnesses, such as, tejlal karulal pachbhaye (pw-10) and kuwarlal buddusao ..... . it was only on 16.02.2015, that these three accused/appellants were also granted bail, taking note of the fact that they had completed approximately 5 years in jail.6 ..... . while considering the identity of the accused who stood convicted under the said order dated 07.01.1996 it is relevant to note the initial observation of the trial court at paragraph 54 of its judgment ..... thus, it is evident that the high court failed even to take note of the fact that such a document was available before the trial court, but the trial court appreciated the same only in the manner mentioned above. ..... before continuing with such consideration, it is relevant to note that despite such reversal of the findings and observations by the high court which are fatal to the case of the prosecution regarding custodial death, neither the state nor any relative, who falls within ..... in the said circumstances taking note of the facts that dead body traced out and subjected to postmortem was not identified to be that of shama, that no antemortem injuries were found on the dead body coupled with the omissions amounting to contradiction that .....
Tag this Judgment!Court : Karnataka
..... ) 8 scc1 (iv) the order of the governor suffers from blatant non- application of mind; 139 (v) the order should be tested on what is communicated to the petitioner and not on what the notings in the file are to arrive at a conclusion whether the governor has applied his mind before according approval as obtaining under section 17a; i deem it appropriate to unfold the said folds.34. ..... : the cabinet/council of ministers, after having threadbare discussed the issue of issuance of show cause notice to the hon ble chief minister, government of karnataka, dated 26- 07-2024, by the hon ble governor of karnataka on taking note of the entire factual matrix as well as the well settled legal position and for the reasons herein mentioned, unanimously resolved to advise the hon ble governor as follows: i. ..... emphasis supplied) considered on the touchstone of the principles of bias, as laid down by the apex court and on the perusal of the preamble of the cabinet note supra what would unmistakably emerge it that the decision of the cabinet the cabinet nominated by the chief minister, would not be free from bias or being partisan towards ..... in all he would submit that the order which suffers from blatant non-application of mind eschewing relevant consideration and taking note of irrelevant consideration cannot but be termed to be perverse and on the said basis grant of an approval under section 17a of the act, that too for prosecution of the petitioner/chief minister is a frolicsome act on the part .....
Tag this Judgment!Court : Supreme Court of India
..... it is also 3 important to note that though the respective sale deeds refer to a 15 feet wide common passage, but in reality, the said passage is only 10-11 feet wide to which no one has objected as of date.7. ..... it may be relevant to note that since the portions which were sold, were little elevated vis a vis the battery lane, a ramp was constructed at the entry point of the passage. ..... it is worth noting that the size of both the portions a & b transferred by sh. .....
Tag this Judgment!Court : Supreme Court of India
..... praveen alexander, appellant no.5, expired thereafter and taking note of the same, vide order dated 01.04.2019, this court dismissed the appeal in so far as he was concerned on the ground of abatement. ..... the trial court duly took note of the discrepancies and contradictions in the above noted depositions of the witnesses. ..... the trial court also noted the fact that, in his complaint lodged with the police in the first instance, m. ..... further, the trial court noted that, in terms of the evidence of krishnappa (pw-4), the attack on the deceased occurred not at 07:30 am as claimed by the prosecution but much earlier. ..... the high court was also conscious of this, as it was duly noted in paragraph 9 of the impugned judgment. ..... the trial court noted that none of the witnesses had anything to say about the autorickshaw in which accused 7 nos. ..... the crucial aspect to be noted first and foremost is that the high court has reversed a judgment of acquittal. ..... their conduct in not informing the police despite having mobile phones was also taken note of. ..... noting that the deceased had suffered as many as 21 external injuries and 4 4 internal injuries, the trial court held that he had suffered a homicidal death. .....
Tag this Judgment!Court : Supreme Court of India
..... insofar as the apprehension given by the learned asg regarding the possibility of tampering the evidence is concerned, it is to be noted that the case largely depends on documentary evidence which is already seized by the prosecution. ..... thereafter, the trial court allowed the cbi s application noting that the accused was already in judicial custody in the ed matter. ..... from the narration of facts as noted above, it is seen that cbi had registered its case rc no.0032022a0053 on 17.08.2022. ..... in this context, we have already noted that the cbi, in their application dated 25.06.2024, clearly recorded the reasons as to why they deemed the appellant's arrest necessary. ..... it may also be noted that when the bail application was filed before this 23 court, the chargesheet had not been filed. ..... as already noted above, cbi case was registered on 17.08.2022. ..... it may be noted that the investigation at that time was ongoing. 3.7. ..... at the outset, a brief recital of the relevant dates and the attending facts as borne out from the record may be noted. 3.1. .....
Tag this Judgment!Court : Karnataka
..... thus, he submits that without there being any document evidencing service on the basis of the note put up by the registry, the court had come to a conclusion that service has been effected and placed respondent no.2 as ex- parte which is completely impermissible. 7.6. ..... in fact, there is nothing on record to indicate that the same has been dispatched except a noting in the register, there being no register post receipt placed on record which would indicate the dispatch of the notice. 12.11. ..... khc:37470 crp no.72 of 2024 up a file, making file notings, indicating the status of the matter or informing the details of service of notice or the like for the judicial officer to pass necessary orders thereon. 11.2. ..... on 10.07.2015, the chief ministerial officer has put up a note saying, notice to respondents no.1 to 5-duly served based on which there is a typed order indicating that the appeal notice is served on respondents no.1 to 5 personally. ..... on 10.07.2015 the first appellate court taking note of such service on respondent nos.1 to 5 personally, called them out, recorded their absences and placed them ex-parte. 6.3. .....
Tag this Judgment!Court : Supreme Court of India
..... further finding of the nclat that the appellants had not furnished any documentary proof of their claims was equally bereft of foundation as material had been produced by them, which was duly taken note of in the nclt s interim order, which led it to the opinion that further inquiry was needed on those aspects. ..... 3 and 4 were not even in the country on the date in question, the nclt noted that none had appeared on their behalf and they had not chosen to file any counter in support of the stand taken by ..... answers having been furnished by the appellants as aforestated, it would be appropriate at this stage to take note of the statutory provisions and precedential law relating thereto. ..... referred to the facts, as set out in the company petition, the acting president of the nclt noted that separate counters had been filed by respondent nos. ..... having considered the matter, the nclt noted as follows: respondent no.2 had addressed letter dated 29.12.2014 (annexure a-1) to the board of directors of the company expressing his intention to sell his shareholding ..... another crucial fact that needs to be noted is that the interim order passed on 27.06.2019 by the member (judicial) of the nclt had indicated, in clear terms, the issues that arose for consideration and the inquiry required to determine the ..... further, the nclt also noted that respondent no.2 did not dispute his signatures appearing in the share certificates and share transfer forms but his attempt was to explain the same, by claiming that .....
Tag this Judgment!Court : Karnataka
..... this court noting her absence, on 05-03-2024 listed the matter on 21-03-2024. .....
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