Court : Karnataka
..... by a competent person. hence, :21. : without complaint from a competent person, the court cannot take cognizance of the offences alleged under the wild life protection act and taking cognizance, without there being any complaint, has vitiated the entire proceedings. though the trial court has rightly held that the prosecution has failed ..... reversed the acquittal judgment rendered by the trial court. the trial court had rightly come to the conclusion in respect of section 55 of the wild life protection act, 1972 relating to cognizance of the offences taken place. the trial court has appreciated the entire evidence on record relating to the ingredients of ..... in :6. : coming to the conclusion that without complaint from a competent person, the court cannot take cognizance of the offences alleged under the wild life protection act and taking cognizance, without there being any complaint, vitiates the entire proceedings. further, it is contended that except the evidence of official witnesses, the .....
Tag this Judgment!Court : Mumbai Aurangabad
..... regular criminal case no. 100/2015, pending on the file of judicial magistrate first class, paithan, under sections 9, 39, 50 and 51 of the wild life [protection] act, 1972 [for the sake of brevity, hereinafter referred to as said act ]. 3. it appears that, on 1st december, 2014, nandu sakharam sonowane, police constable, paithan police station, taluka paithan, district aurangabad, lodged a complaint with ..... , it would be apposite to reproduce herein below the provisions of section 55 of the wild life [protection] act, 1972, which reads thus: 55. cognizance of offences. no court shall take cognizance of any offence against this act except on the complaint of any person other than - (a) the director of wild life preservation or any other officer authorised in this behalf by the central government; or .....
Tag this Judgment!Court : Supreme Court of India
..... the right to education including for the persons with disabilities.17. the rights of persons with disabilities act, 2016 replaced the persons with disabilities (equal opportunities, protection of rights and full participation), act 1995. the 2016 act was a sequel to the united nations convention on the rights of persons with disabilities. the ..... equally with others; 3. equality and non-discrimination.- (1) the appropriate government shall ensure that the persons with disabilities enjoy the right to equality, life with dignity and respect for his or her integrity equally with others. (2) the appropriate government shall take steps to utilise the capacity of persons ..... their existence whether as students, members of the workplace, participants in governance or, on a personal plane, in realising the fulfilling privacies of family life. the accommodation which the law mandates 31 is reasonable because it has to be tailored to the requirements of each condition of disability. the expectations .....
Tag this Judgment!Court : Supreme Court of India
..... good faith but the principle of lis pendens will certainly be applicable to the present case notwithstanding the fact that under section 19(b) of the specific relief act his rights could be protected.14. in a recent judgment of this court in chander bhan (d) through lr. sher singh vs. mukhtiar singh & ors.5 it is observed, once ..... lis pendens the defence of the respondents 1 2 that they are bona fide purchasers for valuable consideration and thus, entitled to 5 204 insc37714 protection under section 41 of the transfer of property act, 1882 is liable to be rejected.15. in the case in hand also, it is an admitted position that the suit was filed on ..... which special leave to appeal was filed. in the above background, this court observed the following in para 12: 12. the principles specified in section 52 of the tp act are in accordance with equity, good conscience or justice because they rest upon an equitable and just foundation that it will be 3 (2006) 13 scc60812 impossible to bring .....
Tag this Judgment!Court : Supreme Court of India
..... done without in any way affecting the khalsa college. as such, it is submitted that the reasoning given in the sor that the impugned act was being passed only to protect the heritage character of khalsa college is formed on a factually erroneous matrix.9. shri patwalia further submitted that the impugned ..... is to impart comprehensive education at all levels to achieve excellence and to promote research and teaching in areas of education, engineering and technology, languages, laws, life sciences and other courses under the general heads of the arts and humanities, social sciences etc.2. as the establishment of such private self financed universities requires ..... . it is next submitted before us that the amended rules are arbitrary, unreasonable and cause undue hardship and, therefore, violate article 14 of the constitution. although the protection of article 19(1)(g) may not be available to the appellants, the rules must, undoubtedly, satisfy the test of article 14, which is a guarantee against .....
Tag this Judgment!Court : Supreme Court of India
..... of one s personality. therefore, article 21 provides for the right to overcome caste barriers as a part of the right to life of individuals from marginalized communities. the protection provided by article 21 can be seen as a constitutional guarantee that individuals from marginalized communities should have the freedom to break free ..... -faceted efforts by all institutions. in discharge of their role, courts have to ensure that while there should be proper implementation of the protective legislation such as the poa act, there should not be unfair targeting of members from marginalized castes under various colonial-era or modern laws. with this nuanced approach, we ..... of servitude , and prevent them from leading a life of dignity and self- respect . the court quoted the statement of objects and reasons of the act to highlight that when members of the scheduled castes and scheduled tribes assert their rights and demand statutory protection, vested interests try to cow them down and terrorise .....
Tag this Judgment!Court : Karnataka
..... namely: (a) the existing level of usage of jute material; (b) the quantity of raw jute available; (c) the quantity of jute material available; (d) the protection of interests of persons engaged in the jute industry and in the production of raw jute; (e) the need for continued maintenance of jute industry; (f) the quantity of ..... 6 of the order, 6. sugar is highly sensitive to moisture, which can cause it to clump, harden, or dissolve, thereby affecting its quality and shelf life and potentially leading to contamination. since jute is a porous material and can absorb moisture from the environment, and the batching oil which is used for manufacture of ..... distribution of certain commodities. the law was enacted, it was submitted, in order to protect the interest of persons engaged in the raw jute production and the jute industry, which industry occupies significant position in national economy. the validity of the jpm act, 1987 has been upheld by the apex court in dalmia cement (bharat) ltd. v .....
Tag this Judgment!Court : Supreme Court of India
..... but it must carry a high degree of probability. proof beyond reasonable doubt does not mean proof beyond the shadow of a doubt. the law would fail to protect the 5 (2011) 2 scc1986 (1947) 2 all er372page 14 of 53 criminal appeal nos.1614-1618 of 2012 community if it admitted fanciful possibilities to deflect ..... . the appellants have been let off rather lightly by convicting 12 them only under section 304 part-ii ipc. their careless disregard for the value of human life warranted a much more stringent punishment being visited upon them. in such circumstances, giving in to their duplicitous stories and permitting them to escape punishment would only ..... lawlessness and constitution of india: a study of custodial deaths", comparative constitutional law 270 (mahendra p. singh ed., 1989). 11 section 114-b in the indian evidence act, 1872, so as to reverse the burden of proof in cases of custodial death onto the police themselves. despite decades having passed since then, this recommendation has not .....
Tag this Judgment!Court : Supreme Court of India
..... , 1908; section 77 of the railways act, 1890; section 15 of the bombay rent act, 1947; section 213 of the succession act, 1925; section 5-a of the prevention of corruption act, 1947; section 7 of the stamp act, 1899; section 108 of the companies act, 1956; section 20(1) of the prevention of food adulteration act, 1954; section 55 of the wild life (protection) act, 1972; the proviso to section ..... 33(2)(b) of the industrial disputes act, 1947 (as amended .....
Tag this Judgment!Court : Supreme Court of India
..... of sexual abuse and exploitation as stated in its long preamble. the relevant portion of the long preamble of the pocso reads as under: - an act to protect children from offences of sexual assault, sexual harassment and pornography and provide for establishment of special courts for trial of such offences and for matters connected therewith ..... to the children having intellectual disability, since they are suffering from legal disability. prompt reporting of the crime in this case could have perhaps, saved the life of a minor child of moderate intellectual disability. xxx xxx xxx criminal appeal nos. 2161-2162 of 2024 page 185 of 19976. considering the entire facts ..... and circumstances of the case, i am inclined to convert death sentence awarded to the accused to rigorous imprisonment for life and that all the sentences awarded will run consecutively.77. in my opinion, the case in hand calls for issuing the following directions to various stakeholders .....
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