Court : Supreme Court of India
..... the maharashtra state committee, presumably of cpi (maoist) organisation. this statement was recorded on 27th january 2019 by an assistant commissioner of pune police. the protected witness has made another statement on 27th july 2020 before the police in which he has referred to participation of af in a seminar of revolutionary democratic front ..... frontal organisations established on behalf of the banned organisation in urban areas. (quoted verbatim from paperbook) 25 | pa ge 13. in the first statement, the protected witness who appears to have had been associated with maoist movement claims to have met vg in the year 2002 as we have already indicated. he has ..... or organisation. any person who is a member of a terrorist gang or a terrorist organisation, which is involved in terrorist act, shall be punishable with imprisonment for a term which may extend to imprisonment for life, and shall also be liable to fine.38. offence relating to membership of a terrorist organisation. (1) a person .....
Tag this Judgment!Court : Karnataka
..... 2021 decided on 12-05-2022 - 18 - nc:2023. khc:25529 crl.p no.4507 of 2023 could not be said to be a negligent or rash act done to endanger human life. thus, the essential ingredients of the offence were absent. in our considered opinion, the well reasoned and well considered judgment of the high court does not call ..... form the second rung illegality.11. the other provision is section 285 of the ipc. section 285 of the ipc (supra) mandates rash or negligent act by any person so as to endanger human life, while dealing with fire or combustible matter knowingly or unknowingly. the apex court in the case of gurukanwarpal kirpal singh v. surya prakasam2, has held ..... the ipc reads as follows: 285. negligent conduct with respect to fire or combustible matter. whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or .....
Tag this Judgment!Court : Karnataka Dharwad
..... of forest produces from the car alleged to have been belong to accused is not in accordance with procedure contemplated under the karnataka forest act and also under the wild life protection act. both courts below have also not properly appreciated the evidence of prosecution witnesses in terms of legal requirement to prove the seizure of ..... court without there being any complaint by any of forest officials covered under section 55 of the wild life protection act. therefore, on this count also conviction of accused for the offence punishable under section 51 of the wild life protection act cannot be legally sustained. the courts below erroneously proceeded to believe oral evidence of p.ws. ..... is hereby set aside. the accused is acquitted for the offences punishable under sections 24(j), 50(3) of the karnataka forest act and section 51(1) of the wild life protection act. the bail bond of accused and that of his surety stand discharged fine amount, if any deposited by accused, is ordered to .....
Tag this Judgment!Court : Karnataka
..... s/o mehaboob tahasildar7 and sidram vs. divisional manager, united india insurance company limited and another8, certain income is to be added towards loss of future prospects in life. what would be the income is to be added is guided by the hon ble supreme court in the case of national insurance co., ltd., vs. pranay sethi9 ..... evidence. further more, the insurance policy is not issued as per section 147 of motor - 11 - nc:2023. khc:24666 mfa no.12227 of 2011 vehicle act for compulsory issuance/purchase of insurance policy covering the risk of third parties. therefore, where the insurance policy is purely a contractual policy, the parties are bound by ..... contractor s plant and machinery insurance policy, but not issued under the provisions of 1 ilr2016kar5581- 5 - nc:2023. khc:24666 mfa no.12227 of 2011 motor vehicle act. therefore, the insurance policy is a pure contractual policy for plant and machinery and in the said policy, the instant vehicles/machineries are covered. hence, when the .....
Tag this Judgment!Court : Karnataka Dharwad
..... regular bail under section 439 of cr.p.c. and the bail application under section 12 of the juvenile justice (care and protection of children) act, 2015 (hereinafter referred to as 'jj act') are different. the nature and gravity of offence is not a matter required to be considered while deciding the application filed ..... be informed. the jj board has to call for social investigation report which has been defined in rule 2 (xvii) of the juvenile justice (care and protection of children) model rules, 2016 (hereinafter referred to as 'rules'). the said report becomes vital for enquiry to be done by the board while passing ..... offence is reported to be poor and other observation is concealing about information related to the incident. the recommendations are family counseling, individual therapy - life style modification/life skills training. long term follow up with mental health professionals, vocational rehabilitation/training.17. if the said report is taken into consideration and tested in .....
Tag this Judgment!Court : Supreme Court of India
..... the substantive legitimate expectation is not ultra vires the power of the authority and the court is in a position to protect it, the state cannot be allowed to change course and belie the legitimate expectation of the respondents. as is well ..... good administration while performing its administrative duties. the principles of good administration 31 require that the public authorities should act in a fair, consistent, and predictable manner.50. the high court submitted that frustration of the petitioner s ..... of legitimate expectation ................................ 30 i. what has the high court committed itself to?. ........................................... 30 ii. whether the high court has acted unlawfully in relation to its commitment?. 31 iii. what should this court do?. ....................................................................... 34 e. conclusions ................................................................................................... 35 2 a. background .....
Tag this Judgment!Court : Supreme Court of India
..... , ought to be removed on the ground of proved misbehaviour or incapacity, they cannot 76 be removed. as such, a very strong protection has been provided to these officers to act independently and the statute insulates them from extraneous pressures.83. as already discussed herein above, the committee which recommends appointment of the director ..... iyer and desai, jj.) observed thus: 9. .we are, therefore, of the view that, in any event, irrespective of whether the impugned act is constitutionally valid or not, the life insurance corporation is bound to obey the writ of mandamus issued by the calcutta high court and to pay annual cash bonus for the year april ..... one of what frankfurter, j.said in hattie mae tiller v. atlantic coast line railroad co., 87 l ed 610 :318. us54(1943): the phrase begins life as a literary expression; its felicity leads to its lazy repetition and repetition soon establishes it as a legal formula, undiscriminatingly used to express different and sometimes .....
Tag this Judgment!Court : Supreme Court of India
..... the compensation awarded towards loss of future income the sum of rs.60,000/- awarded by the tribunal under the head permanent disability and loss of amenities in future life would not arise. the claimant, thus, would be entitled to the following compensation in substitution to what has been awarded by the tribunal as affirmed by the high court ..... the motor vehicles claims tribunal in m.v.c. no.914 of 2008 sought for enhancement by filing an appeal 2 under section 173(1) of the motor vehicles act (for short mv act ) in m.f.a. no.6365 of 2009 before the high court of karnataka, whereunder the compensation of rs.2,36.812/- awarded by the tribunal came ..... background5 the appellant/claimant met with a road accident on 22.12.2007 and as a result sustained injuries. for award of compensation claim petition under section 166 of mv act came to be filed. the insurer contested the matter before the tribunal and after trial, tribunal allowed the claim petition in part and awarded compensation of rs.2,36 .....
Tag this Judgment!Court : Karnataka
..... aside the concurrent findings recorded by the courts below, wherein the petitioners / accused are convicted for the offences punishable under sections 9 and 39(a) of the wild life (protection) act (for short act ) and 379 of indian penal code (for short ipc ). brief facts of the case are as under:2. it is the case of the prosecution that, ..... of the district and sessions judge at chamarajanagara, are set aside. (iii) the petitioners are acquitted for the offences punishable under sections 9 and 39(a) of the wild life (protection) act and section 379 of ipc.-. 11 - nc:2023. khc:23253 crl.rp no.476 of 2014 (iv) bail bonds executed, if any, stand cancelled. the legal ..... my consideration are: i) whether the concurrent findings recorded by both the courts below in convicting the petitioners for the offences under sections 9 and 39(a) of wild life (protection) act and section 379 of the indian penal code are justified?. - 6 - nc:2023. khc:23253 crl.rp no.476 of 2014 ii) whether the petitioners have .....
Tag this Judgment!Court : Supreme Court of India
..... as delineated in indra sawhney (supra) and horizontal reservations for persons with disabilities under section 338 of the erstwhile persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995 ( 1995 act ), as follows: 42. a perusal of indra sawhney [1992 supp (3) scc217:1992. scc (l&s) supp 1 : (1992 ..... of the blind, (2013) 10 scc772 see also generally the relationship between section 32 and 33 of the persons with disabilities (equal opportunities, protection of rights and full participation) act, 1995, elucidated in govt. of india v. ravi prakash gupta, (2010) 7 scc626 8 33. reservation of posts. every appropriate government ..... the state to strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice ~ social, economic and political ~ shall inform all the institutions of the national life and endeavor to eliminate inequalities in status, facilities and opportunities. article 41 .....
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