Court : Supreme Court of India
..... that there is sufficient ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned ..... act, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with .....
Tag this Judgment!Court : Supreme Court of India
..... will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognized in the rpwd act. the approach of the government, instrumentalities of states, regulatory bodies and for that matter even private sector should be, as to how best ..... be followed by the states parties for empowerment of persons with disabilities. the convention laid down the following principles for empowerment of persons with disabilities, which the act seeks to implement:- (i) respect for inherent dignity, individual autonomy including the freedom to make one s own choices, and independence of persons; (ii ..... be governed as per the national medical commission (nmc) guidelines regarding admission of students with specified disabilities under the rights of persons with disabilities act, 2016 (for short rpwd act ). 25. the appellant appeared for the neet (ug) held on 05.05.2024 and qualified the entrance examination. the schedule for .....
Tag this Judgment!Court : Supreme Court of India
..... university were approved by the state government.19. thereafter on 30th may 2017, the state government promulgated an ordinance thereby repealing the 2016 act. the impugned act came to be passed by punjab vidhan sabha, which received the assent of the hon ble governor on 12 4th july 2017 and ..... the complaints received that an institution of national importance was suffering 16 (2004) 1 scc712:2003. insc66742 from mismanagement and maladministration. the central government acted on such findings. circumstances warranting an emergent action satisfied the president of india, resulting in his promulgating ordinances which earlier could not culminate in ..... department of higher education, government of punjab, that they have enacted the statutes of the khalsa university in consonance with the 2010 policy, the 2016 act and university grants commission5 guidelines. 3.7. on 6th april 2017, the superintendent of higher education department, government of punjab, communicated to khalsa university .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka
..... ble chief minister of karnataka for commission of offences under sections 7, 9, 11, 12 and 15 of the prevention of corruption act, 1988 ( pc act ) ad sections 59, 61, 62, 201, 227, 228, 229, 239, 314 316(5), 318(1), 318(2), 318(3), 319, 322, 324, ..... 1). 155.2. secondly, under article 163(1) the discretionary power of the governor extends to situations, wherein a constitutional provision expressly requires the governor to act in his own discretion. 155.3. thirdly, the governor can additionally discharge functions in his own discretion, where such intent emerges from a legitimate interpretation of ..... encloses the decision of the competent authority. the decision that is communicated reads as follows: decision of the competent authority under section 17a of prevention of corruption act, 1988 and218 of bharatiya nagarik suraksha sanhita, 2023. 01. petition from sri t.j.abraham seeking grant of sanction for prosecution of shri siddaramaiah, hon .....
Tag this Judgment!Court : Supreme Court of India
..... 17 required a sanction from the central government or the authorised officer to initiate prosecution. 14. the parliament, in 2008, while enacting amending act 35 of 2008 had consciously incorporated the provision requiring a recommendation from an authority and retained the requirement of sanction from the appropriate government, ..... therein, recommended for sanction for prosecution against the above mentioned accused persons/entities under the relevant sections of law including the unlawful activities (prevention) act, 1967; 7. and now, therefore, the central government, after carefully examining the material placed on record and the recommendations of the authority, ..... of the sanction order:- 5. and whereas, the central government in terms of the provisions of section 45(2) of the unlawful activities (prevention) act, 1967 (as amended) and the unlawful activities (prevention) (recommendation and sanction of prosecution) rules, 2008 referred the above mentioned investigation report vide .....
Tag this Judgment!Court : Karnataka
..... section 96 of the cpc, which deals with appeals from decrees. parties often raise 47 multiple grounds that are not legally permissible under the arbitration act, leading to unnecessary litigation and inefficiency. this practice contradicts the legislative intent behind arbitration, which aims for finality and efficiency in dispute resolution.47. ..... resolution, has now become an integral part of the indian legal system. the comprehensive statute dealing with arbitrations, that is, the arbitration and conciliation act, 1996, is a complete code in itself and is in tune with the international standards set out in model law on international commercial arbitration adopted ..... judge (commercial court) at bengaluru, dismissing each of the said arbitration suits filed by the appellant/contractor, under section 34 of the arbitration and conciliation act, 1996.2. the brief facts of the cases necessary for adjudication, are as under: the appellant / contractor was a successful bidder for 14 projects .....
Tag this Judgment!Court : Karnataka
..... invoking section 319 crpc, is only a device by which the respondent seeks to initiate prosecution against dakshin beyond the period of limitation stipulated under the act.26. no doubt section 142 authorises the court to condone the delay in appropriate cases. we find no reason to condone the delay. the justification ..... . hence the instant slp.25. the question whether the respondent had sufficient cause for not filing the complaint against dakshin within the period prescribed under the act is not examined by either of the courts below. as rightly pointed out, the application, which is the subject-matter of the instant appeal purportedly filed ..... through its branch manager, was served solely to simaiya hariramani, the authorised signatory of the firm. the complaint dated 07th december 2015 under section 138 of the ni act before the court of judicial magistrate, balodabazar, chhattisgarh, was made against simaiya hariramani and the appellant. thus, in the present case, the firm has not .....
Tag this Judgment!Court : Karnataka
..... invoking section 319 crpc, is only a device by which the respondent seeks to initiate prosecution against dakshin beyond the period of limitation stipulated under the act.26. no doubt section 142 authorises the court to condone the delay in appropriate cases. we find no reason to condone the delay. the justification ..... . hence the instant slp.25. the question whether the respondent had sufficient cause for not filing the complaint against dakshin within the period prescribed under the act is not examined by either of the courts below. as rightly pointed out, the application, which is the subject-matter of the instant appeal purportedly filed ..... through its branch manager, was served solely to simaiya hariramani, the authorised signatory of the firm. the complaint dated 07th december 2015 under section 138 of the ni act before the court of judicial magistrate, balodabazar, chhattisgarh, was made against simaiya hariramani and the appellant. thus, in the present case, the firm has not .....
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