Court : Supreme Court of India
..... examine upon oath the complainant and the witnesses present, if any, and the substance of such examination shall be reduced to writing and shall be signed by the complainant and the witnesses, and also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses (a) if a public servant acting or purporting to act in the discharge of his official duties or a court has made the complaint; or (b) if the magistrate makes over the case for inquiry ..... the the law commission its 41st report which manifestly heralded the amendment, significantly had limited its proposal to the empowerment of the ..... directing investigation under section 156(3) of the code that an fir should be registered, it is the duty of the officer in charge of the police station to register the fir regarding the cognizable offence disclosed by the complainant because that police officer could take further steps contemplated in chapter xii of the code only thereafter. 13. ..... the request of the investigating agency and that too, in circumstances warranting further investigation on the detection of material evidence only to secure fair investigation and the ..... the court held that when a report is filed before a magistrate, he may either (i) accept the report and take cognizance of the offences and issue process; or (ii) may disagree with the report and drop the proceedings; or (iii) may direct further investigation under section 156(3) and require the .....
Tag this Judgment!Court : Delhi
..... no suit, prosecution or other legal proceeding shall lie against the commission or any person acting under the direction of the commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this chapter or of any order made thereunder or in respect of the tendering of any opinion by the commission to the president or, as the case may be, to the governor or in respect of the publication, by or under the authority of the commission of any such opinion, paper or proceedings. 40. ..... in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any jurisdiction in w.p. ..... but, to what extent in such proceeding, on being initiated, a petitioner could secure relief, would depend upon himself establishing about the existence of the vitiating factors, spelt out in union of india v. ..... abdus salam versus election commission of india, (2004) 55 alr12is a decision of the division bench of the allahabad high court pronounced on 6th february, 2004, in which it has been held as under: 14. ..... (iii) opinion of the eci dated 19th january, 2018 is vitiated and bad in law for failure to comply with the principles of natural justice. ..... subramaniam swamy and another, (1996) 4 scc104 reference was made to n.g. .....
Tag this Judgment!Court : Delhi
..... no suit, prosecution or other legal proceeding shall lie against the commission or any person acting under the direction of the commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this chapter or of any order made thereunder or in respect of the tendering of any opinion by the commission to the president or, as the case may be, to the governor or in respect of the publication, by or under the authority of the commission of any such opinion, paper or proceedings. 40. ..... in kihoto case, the constitution bench was dealing with the validity of constitution 52nd amendment act, 1985 by which paragraphs were added to tenth schedule as a declaration that decision of the speaker/chairman shall be final and no court shall have any jurisdiction in w.p. ..... but, to what extent in such proceeding, on being initiated, a petitioner could secure relief, would depend upon himself establishing about the existence of the vitiating factors, spelt out in union of india v. ..... abdus salam versus election commission of india, (2004) 55 alr12is a decision of the division bench of the allahabad high court pronounced on 6th february, 2004, in which it has been held as under: 14. ..... (iii) opinion of the eci dated 19th january, 2018 is vitiated and bad in law for failure to comply with the principles of natural justice. ..... subramaniam swamy and another, (1996) 4 scc104 reference was made to n.g. .....
Tag this Judgment!Court : Delhi
..... earlier that the balmiki caste is listed under entry no.2 of part v of the schedule to the constitution (scheduled castes) order, 1950 as amended by the scheduled castes and scheduled tribes orders (amendment) act, ..... offence under this chapter, if it is proved that (a) the accused rendered any financial assistance to a person accused of or reasonably suspected of, committing, an offence under this chapter, the special court shall presume, unless the contrary is proved, that such person had abetted the offence; a group of persons committed an offence under this chapter and if it is proved that the offence committed was a sequel to any existing dispute regarding land or any other matter, it shall be presumed that the offence ..... 286. thus, the position in law which emerges from the decisions of the supreme court cited hereinabove is that where there has been a manifest irregularity in the appreciation of evidence by the trial court, the appellate court might interfere with the judgment of acquittal by the trial court and instead convict the accused if it is satisfied that the prosecution ..... observed that with the above families now residing in mirchpur, there was no justification as to why the families living at the farm house of ved pal tanwar cannot reside along with the co-villagers especially when all measures for providing adequate security have been taken by the ..... (1996) 4 scc659 (iii) ..... of india 2004 cri lj224(sj-orissa), held as under: section 6 of the commissions of inquiry act .....
Tag this Judgment!Court : Supreme Court of India
..... a reasonable, right, just and fair law and, if these provisions are less beneficial than the provisions of chapter ix of the code of criminal procedure, a divorced muslim woman has obviously been unreasonably discriminated and got out of the protection of the provisions of the general law as indicated under the code which are available to hindu, buddhist ..... amendment to section 125 of the crpc being subsequent to the enforcement of the 1986 act, is so significant that it virtually makes section 3 of the 1986 act very narrow and insignificant although the expression provision under section 3(1) of the 1986 act ..... the magistrate under the 1986 act but if she has been the victim of the mischief defined under the 2019 act, then her right to subsistence allowance is secured through section 5 of the 2019 act ..... appeal no.1599 of 2020 (in re : interplay between arbitration agreements under the arbitration and conciliation act, 1996 and the indian stamp act, 1899), (2023) scc online sc1666 in paragraph 84 of the said judgment considered the implication of a non-obstante clause in a provision with reference to ..... iii) if section 125 of the crpc is also resorted to by a divorced muslim woman, as per the definition under the 1986 act, then any order passed under the provisions of 1986 act shall be taken into consideration under section 127(3)(b) of the ..... 2004) 9 scc616wherein the high court s judgment limiting the entitlement of the divorced wife to iddat period only was set aside on the ground that the .....
Tag this Judgment!Court : Karnataka
..... read as under:- karnataka act no.22 of1986(first published in the karnataka gazette extraordinary on the thirteenth day of may, 1986) the national law school of india act, 1986 (received the assent of the governor on the thirtieth day of april, 1986) (as amended by act 3 of 1993 and 15 of 2004) an act to establish and incorporate national law school of india university ..... bonds, mortgages, promissory notes or other obligations or securities founded or based upon all or any of the properties and assets of the school or without any securities and upon such terms and conditions as it may think fit and to pay out of the funds of the school, all expenses incidental to the raising of money, and to repay and redeem any money borrowed; (xxxii) to invest the funds of the school or money entrusted to the school in or upon such securities and in such manner as it may deem -:120 ..... to 42nd amendment of the constitution, education as a subject was in the state list (list-ii) of the vii schedule of the constitution, but with the 42nd amendment the subject education including technical education, medical education and universities, subject to the provisions in entries 63 to 66 of list-i, has been placed in the concurrent list (list-iii) of the vii ..... a step to achieve one of the directive principles of the state policy enunciated in chapter iv of the constitution i.e. ..... the years 1996 and 2017, the respondent/law university has produced twenty rhodes scholars, within which as many as seven are from the .....
Tag this Judgment!Court : Andhra Pradesh
..... . where in chapter xi, section 158(6) is also by the amended act,54/1994 incorporated of the information regarding accident involving the death or bodily injury recorded or report contemplated by a police officer in charge of a police station ..... 4) the contentions in the grounds of appeal as well as oral submissions by the appellant-insurer in nutshell are that the judgment and decree of the tribunal is contrary to law, weight of evidence and probabilities of the case, that the tribunal gravely erred in considering the scope of section 163-a of the act and should have considered that the accident was the sheer and absolute negligence of the deceased rider of the bike including from the manner of accident of bike intruded into the stationed lorry on the left side with blinking lights and so far as the lorry bearing ..... . so far as the multiplier concerned, considering the 50 as the age of mother of the deceased concerned, it is 13 as per schedule iii, it comes to rs.2,92,500/- apart from rs.7,000/- towards loss of estate and funereal expenses, it comes to rs.2,99,500/- rounded to rs.3,00,000/- and 30% negligence of the lorry driver therein comes to rs.89,850/- rounded to rs.90,000/- is the compensation the claimant/4th respondent entitled ..... . in fact in deepal girishbhai soni, it was observed in paras 39 to 42 that- section 163a was introduced in the act by way of a social security scheme ..... 1996 acj555(sc) 15. ..... [(2004) 5 scc385: air2004sc2107 9. .....
Tag this Judgment!Court : Supreme Court of India
..... consideration and report thereon, namely: i) whether the punjab termination of agreements act, 2004 and the provisions thereof are in accordance with the provisions of the constitution of india; ii) whether the punjab termination of agreements act, 2004 and the provisions thereof are in accordance with the provisions of section 14 of the inter-state water disputes act, 1956, section 78 of the punjab reorganisation act, 1966 and the notification dated 24th march, 1976 issued there under; iii) whether the state of punjab had validly terminated the agreement dated 31.12.1981 and all other ..... been expressed with regard to the constitutional validity of the punjab act, 2004 and its provisions and also whether the agreement dated 31.12.1981 can be said to have been validly terminated by the state of punjab and whether the state of punjab has been lawfully discharged from the said agreement; and whereas in view of the aforesaid, it appears that there is likelihood of the constitutional validity of the provisions of the punjab act 2004 being challenged in courts of law involving protracted and avoidable litigation, that the differences and doubts have given .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)IILLJ572P& H
..... in 1953, the government of india, in the wake of severe crisis in the textile industries in bombay and the apprehended large scale removal of workmen issued industrial disputes (amendment) ordinance, which was subsequently replaced by the industrial disputes (amendment) act, 1953 (act no. ..... a division bench of that court held that section 2(oo)(bb) is in the nature of an exception to section 2(oo) and has to be construed strictly in favour of the workman as the entire object of the act is to secure a just and fair deal to them. ..... shri pawan kumar mutneja, learned counsel for the corporation reiterated the arguments made before the learned single judge and submitted that the award passed by the industrial tribunal may be declared as vitiated by an error of law and quashed because the learned presiding officer did not record issue wise findings and ordered reinstatement of respondent no. ..... by the said ordinance, section 2(kkk) and, 2(oo) containing the definitions of 'lay-off' and 'retrenchment' respectively and chapter v-a were inserted in the original act. ..... presiding officer, industrial tribunal- cum-labour court, rohtak, 1996-iii-llj- (suppl)-1126 (p&h;) a division bench, of which one of us (g. s. ..... 46 of 1982 include the definition of the term unfair labour practice, chapter vc and the fifth schedule. .....
Tag this Judgment!Court : Mumbai
..... (ii) by any corrupt practice committed in the interests of the returned candidate [by an agent other than his election agent], or(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, (iv) ........123 corrupt practice: the following shall be deemed to be corrupt practice for the purpose of this act - (1) .....(2) .....1. ..... reference has been made to the parliamentary debates and the reasons ascribed by the then law minister for the amendment while moving the bill in the parliament. ..... all that has happened is that the security deposit has been accepted on the same day, may be beyond prescribed time. ..... it is alleged in the petition that the inc who had nominated the returned candidates had assured in its manifesto that"for the first time a separate ministry of minority affairs was created in may 2004 and the rajinder sachar committee was set up to look into the social economic and educational status of muslim community in the country. ..... that is indicated in part vii under chapter i which is entitled "corrupt practices". ..... prabhakar kashinath kunte & ors (1996) 1 scc 130. ..... 1996 s.c. ..... 1996 s.c. .....
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