Unnamed: 0 int64 0 276k | web_id int64 95 1.7B | chunked_text stringlengths 1 3.06k | id int64 0 276k |
|---|---|---|---|
100 | 23,015,624 | chandramauli kr. prasad, j. criminal appeal no. 22 - 23 of 2014 ( @ special leave petition ( crl. ) nos. 3810 - 3811 of 2012 ) the state of tamil nadu aggrieved by the order dated 10th of december, 2010 passed by the madras high court in criminal r. c. no. 528 of 2009 and criminal m. p. ( md ) no. 1 of 2009, setting as... | 100 |
101 | 23,015,624 | ##h rajan has acquired and was in possession of pecuniary resources and properties in his name and in the names of his father, k. neelakanda pillai ( respondent no. 2 ) and mother r. rajam ( respondent no. 3 ) and his wife d. s. bharathi for total value of rs. 17, 58, 412. 47. the investigating officer also came to the... | 101 |
102 | 23,015,624 | aforesaid decision not to file special leave petitions. however, after the change of the government, opinion was sought from the advocate general, who opined that it is fit case in which the order impugned deserves to be challenged. accordingly, it is submitted that the cause shown is sufficient to condone the delay. m... | 102 |
103 | 23,015,624 | the present appeals, we have to examine the validity of the order of discharge passed by the special judge as affirmed by the high court. hence, we consider it unnecessary to go into the details of the case of the prosecution or the defence of the respondent at this stage. suffice it to say that, according to the prose... | 103 |
104 | 23,015,624 | , the wife of the minister, aided in commission of the offence by holding on his behalf a substantial portion of properties and pecuniary resources in her name as well as in the name of m / s. visal expo, of which she was the sole proprietor. similarly, respondent no. 3, the mother - in - law, aided the minister by hol... | 104 |
105 | 23,015,624 | without taking into consideration the entire income and expenditure of respondent no. 1. respondents have also alleged that the investigating officer, who is the informant of the case, had acted autocratically and his action is vitiated by bias. the special judge examined all these contentions and by order dated 21st o... | 105 |
106 | 23,015,624 | police report, the documents sent along with it and examination of the accused after giving an opportunity to the parties to be heard. however, the stage of discharge under section 245, on the other hand, is reached only after the evidence referred in section 244 has been taken. thus, there is difference in the languag... | 106 |
107 | 195,701,025 | a. k. sikri, j. 1. these contempt proceedings arise out of the judgment and order dated 23. 11. 2012 passed by this court in ca nos. 8226 - 8227 of 2012. before we take note of the exact nature of directions given in that judgment which according to the petitioners have been flouted contumaciously and deliberately, we ... | 107 |
108 | 195,701,025 | merger, thereby nullifying the effect of earlier resolution of merger dated 7. 7. 2006. 5. the special leave petition was granted and appeal was ultimately heard finally. eventually this appeal was allowed by a detailed judgment dated 23. 11. 2012, thereby setting aside the judgment of the high court. this court also q... | 108 |
109 | 195,701,025 | , the petitioner received letter dated 24. 01. 2013 from respondent no. 4, namely, the director ( admn. ) - cum - additional secretary, department of education, government of bihar ) stating therein that the proposal was sent for the approval of merger and the petitioner were asked to provide details of pay scales etc.... | 109 |
110 | 195,701,025 | two continues, even when with the merger of two cadres, they stood amalgamated into one and there was no reason to identify them as bses and bes any longer. it is further argued that the provisions of bihar education rules, 2014 ( the rules, 2014 ) are deliberately made with the aforesaid ragnant motive in mind and mad... | 110 |
111 | 195,701,025 | 1977 to 31. 12. 1995 in the merged bes cadre vide notification dated 26. 07. 2013. even the exercise qua post 01. 01. 1996 period has been completed vide notifications dated 10. 11. 2001, 10. 12. 2002 and 29. 06. 2004 initially and then vide resolution dated 15. 06. 2011 as need based posts promotional posts, which are... | 111 |
112 | 195,701,025 | these rules take away the actual benefit of merger. the very basis of the merger was to provide adequate promotional avenues to the teachers but these rules take that away. 9. the ld. asg appearing for the respondents had stated before this court on 12. 12. 2013 that the seniority list dated 17. 08. 2007 would be given... | 112 |
113 | 195,701,025 | proceedings. it was further submitted that the members of the petitioner association belonged to teaching cadre and had worked only as teachers throughout their service with no administrative experience. therefore, they could not take any posting on administrative side because of lack of such an experience. keeping in ... | 113 |
114 | 195,701,025 | entire gamut was open to judicial review even in the contempt proceedings. he further submitted that there was ample power with this court, particularly under article 142 of the constitution, to do complete justice in the matter as held in delhi development authority v. skipper construction co. ( p ) ltd. and another ;... | 114 |
115 | 195,701,025 | decision was taken by the government to merge the two cadres. by framing 2014 rules, the government negated the effect of merger thereby leaving the petitioners in lurch once again and now the plea was taken to approach the court again with fourth round of litigation. he pointed out that during this period, most of the... | 115 |
116 | 195,701,025 | the resolution of merger earlier was passed on 7. 7. 2006 after rendition of the judgment dated 19. 4. 2006 by this court in the second round of litigation. this was preceded by a note for the cabinet regarding merger. a perusal of this cabinet note shows that the total history about the various proceedings culminating... | 116 |
117 | 195,701,025 | in the following manner : 24. significantly, resolution dated 2. 4. 2013 passed by the government revived earlier resolution no. 1209 dated 7. 7. 2006 and withdraws notification no. 1855 dated 18. 11. 2007. so far so good. the only thing that remained was to revive the combined seniority / gradation list also which was... | 117 |
118 | 195,701,025 | rule 27 of the rules gives option to the members of other sub cadre for inclusion in a different cadre fulfilling the prescribed qualifications, but no such option is given to the teaching cadre. this rule 27 reads as under : 32. by placing the erstwhile bses teachers in teaching sub cadre, are allowed to go upto the p... | 118 |
119 | 195,701,025 | because it was need based and since the posts were to be identified, only the additional charge was given to them. what is lost sight of, in this entire arguments, is that, the merger is to take effect from 1977 and even resolution to that effect is passed by the cabinet. further once that is done and the combined grad... | 119 |
120 | 195,701,025 | .... j. [ a. k. sikri ] new delhi may 07, 2014 | 120 |
121 | 176,018,104 | ranjan gogoi, j. 1. leave granted. 2. this appeal is directed against the judgment and order dated 25. 04. 2011 passed by the high court of andhra pradesh affirming the order of conviction passed by the additional special judge for spe & acb cases, city civil court hyderabad, whereby the accused appellant has been foun... | 121 |
122 | 176,018,104 | trap that was planned was explained to all concerned including the complainant. accordingly, the plan was put into execution and on receipt of the pre - arranged signal to the trap laying officer, the police party headed by lw - 9, which also included pw - 5, rushed into the office of the accused appellant. thereafter,... | 122 |
123 | 176,018,104 | is on the aforesaid basis that the liability of the accused - appellant for commission of the offences alleged was held to be proved, notwithstanding the fact that in his evidence the complainant pw - 2 had not supported the prosecution case. in doing so, the learned trial court as well as the high court also relied on... | 123 |
124 | 176,018,104 | 1 ) ( d ) ( i ) ( ii ) is concerned as in the absence of any proof of demand for illegal gratification, the use of corrupt or illegal means or abuse of position as a public servant to obtain any valuable thing or pecuniary advantage cannot be held to be established. 9. in so far as the presumption permissible to be dra... | 124 |
125 | 82,897,656 | dipak misra, j. leave granted. marriage as a social institution is an affirmance of civilized social order where two individuals, capable of entering into wedlock, have pledged themselves to the institutional norms and values and promised to each other a cemented bond to sustain and maintain the marital obligation. it ... | 125 |
126 | 82,897,656 | of marriage. however, in course of the proceeding the petition was amended abandoning the prayer for judicial separation and converting the petition to one under section 13 ( 1 ) ( ib ) of the act seeking dissolution of marriage by way of divorce. in the petition filed before the family court, it was averred by the res... | 126 |
127 | 82,897,656 | on the ground of desertion since she had deliberately withdrawn from his society. the wife filed objections contending, inter alia, that when she was residing in the matrimonial home, the sister and brother - in - law of the husband, who stayed in the opposite house, were frequent visitors and their interference affect... | 127 |
128 | 82,897,656 | less than 2 years immediately proceeding the presentation of the petition? whether the respondent proves that the petitioner without reasonable excuse withdrawn from the society? whether the petitioner is entitled for decree of divorce as prayed for? whether the respondent is entitled for decree of restitution of conju... | 128 |
129 | 82,897,656 | that the husband only wrote letters after 15. 9. 1999 and nothing had been brought on record to show what steps he had taken for resumption of marital ties with the wife if she had deserted him ; that the wife was not allowed to come back to the matrimonial home because of intervention of his sister and brother - in - ... | 129 |
130 | 82,897,656 | and opined that the attitude of the wife confirmed that she never had the intention of leading a normal married life with the husband and, in fact, she wanted to stay separately with the husband and dictate terms which had hurt his feelings. the high court further came to the conclusion that the husband had made effort... | 130 |
131 | 82,897,656 | requisite to grant a decree for dissolution of marriage by divorce which cannot be a ground for grant of divorce. learned counsel has placed reliance on the decisions in lachman utamchand kirpalani v. meena @ mota [ 1 ], k. narayanan v. k. sreedevi [ 2 ], mohinder singh v. harbens kaur [ 3 ] and smt. indira gangele v. ... | 131 |
132 | 82,897,656 | . it provides for grant of divorce on the ground of desertion for a continuous period of not less than two year immediately preceding the presentation of the petition. the aforesaid provision stipulates that a husband or wife would be entitled to a dissolution of marriage by decree of divorce if the other party has des... | 132 |
133 | 82,897,656 | intention to bring cohabitation permanently to an end ( animus deserendi ). similarly two elements are essential so far as the deserted spouse is concerned : ( 1 ) the absence of consent, and ( 2 ) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form the necessary intention afor... | 133 |
134 | 82,897,656 | the petition it transpires that there are assertions of ill - treatment, mental agony and torture suffered by the husband. first we intend to state the subsequent events. as has been narrated earlier, after the application of the wife was allowed granting restitution of conjugal rights, the husband communicated to her ... | 134 |
135 | 82,897,656 | the behaviour and conduct. in suman kapur v. sudhir kapur [ 7 ] this court had accepted what the high court had taken note of despite the fact that it was a subsequent event. it is necessary to reproduce the necessary paragraphs from the said decision to perceive the approach of this court : - 46. the high court furthe... | 135 |
136 | 82,897,656 | the learned family judge to consider the issue of mental cruelty or we should ignore the fetter of technicality and consider the pleadings and evidence brought on record as well as the subsequent facts which are incontrovertible so that the lis is put to rest. in our considered opinion the issue of mental cruelty shoul... | 136 |
137 | 82,897,656 | between the parties. in this connection, the culture, temperament and status in life and many other things are the factors which have to be considered. in samar ghosh v. jaya ghosh [ 9 ], this court has given certain illustrative examples wherefrom inference of mental cruelty can be drawn. the court itself has observed... | 137 |
138 | 82,897,656 | therefore, to assimilate the entire human behaviour in one definition is almost impossible. what is cruelty in one case may not amount to cruelty in the other case. the concept of cruelty differs from person to person depending upon his upbringing, level of sensitivity, educational, family and cultural background, fina... | 138 |
139 | 82,897,656 | had consistently ill treated him inasmuch as she had shown her immense dislike towards his sadhna in music and had exhibited total indifference to him, observed as follows : - it has graphically been demonstrated that she had not shown the slightest concern for the public image of her husband on many an occasion by put... | 139 |
140 | 82,897,656 | to keep her at home as an unpaid servant is quite a disturbing allegation when viewed from the spectrum of gender sensitivity and any sensitive person would be hurt when his behavior has remotely not reflected that attitude. the second aspect which has surfaced from the evidence is that the wife had gone to the parenta... | 140 |
141 | 82,897,656 | ##g in no. 428. 2nd across, 6th main, 3rd stage, 3rd block, basaveshwaranagar, bangalore - 79 and his telephone no. 23229865. in obedience to the hon ble court order, you called upon to join dr. b. v. ravi to the above said address any day after 18th of july, 2004, as this period upto 17th is inauspicious because of as... | 141 |
142 | 82,897,656 | , g. v. n. kameswara rao v. g. jabilli [ 13 ], parveen mehta v. inderjit mehta [ 14 ], vijayakumar r. bhate v. neela vijayakumar bhate [ 15 ], durga prasanna tripathy v. arundhati tripathy [ 16 ], naveen kohli v. neelu kohli [ 17 ] and samar ghosh v. jaya ghosh ( supra ), has invoked the principle of irretrievably brea... | 142 |
143 | 82,897,656 | to withdraw the appeal. but she intends, as the pleadings would show, that the case should reach the logical conclusion. this conduct manifestly shows the widening of the rift between the parties. it has only increased the bitterness. in such a situation, the husband is likely to lament in every breath and the vibrancy... | 143 |
144 | 82,897,656 | - in the name of minor child in karnataka bank, copy of fixed deposit receipt and r. d. account pass book are filed along with memo. hence petition is allowed in terms of settlement. memorandum of settlement shall be a part of the decree. learned counsel for the respondent would submit that the amount has been settled.... | 144 |
145 | 82,897,656 | - - - - - - - - - - - - - - - | 145 |
146 | 129,620,993 | v. gopala gowda, j. these appeals are filed by the convicted accused - appellants as they are aggrieved by the conviction and sentences awarded to them by the special court ( pota ), crl. a. nos. 2295 - 2296 of 2010 - 2 - and confirmed by the high court of gujarat for the offences punishable under the provisions of the... | 146 |
147 | 129,620,993 | , 20 and 21 ( 2 ) ( b ) of the pota. 6. additionally, a - 2 had been charged with offence under section 452 of the ipc ( for entering akshardham illegally ). 7. additionally, a - 6 had been charged under section 135 ( 1 ) of the bombay police act, 1951 ( for illegally possessing arms and explosives despite notification... | 147 |
148 | 129,620,993 | 20, 000 / - and in case of default, simple imprisonment for 1 year. section 120b ipc read with section 4 of explosive substances act - rigorous imprisonment for 10 crl. a. nos. 2295 - 2296 of 2010 - 6 - years and fine of rs. 10, 000 / - and in case of default, simple imprisonment for 2 years. section 120b ipc read with... | 148 |
149 | 129,620,993 | with section 4 of explosive substances act - rigorous imprisonment for 10 years and a fine of rs. 10, 000 / - and in case of default, simple imprisonment for 2 years. section 120b ipc read with sections 3 and 6 of explosive substances act - life imprisonment and fine of rs. 20, 000 / -. section 120b ipc read with secti... | 149 |
150 | 129,620,993 | neck till death ) and a crl. a. nos. 2295 - 2296 of 2010 - 9 - fine of rs. 25, 000 / - in default of payment of fine to recover the amount in accordance with law. section 120b ipc read with section 307 ipc life imprisonment and fine of rs. 20, 000 / - in default of payment of fine, a simple imprisonment for 1 year. sec... | 150 |
151 | 129,620,993 | be recovered in accordance with law. section 3 ( 3 ) read with section 5 of pota, rigorous imprisonment for 10 years and fine of rs. 5, 000 / - in default of payment, simple imprisonment for 1 year. section 120b ipc read with sections 3 an 6 of explosive substances act - life imprisonment and a fine of rs. 20, 000 / -,... | 151 |
152 | 129,620,993 | relevant facts are stated herein below for the purpose of examining the correctness of the findings and reasons recorded by the high court in the impugned judgment and order while affirming the findings and reasons recorded in the judgment and order passed by the special court ( pota ). the facts of the incident leadin... | 152 |
153 | 129,620,993 | . eventually both of them were killed in the early morning hours as they succumbed to the injuries received in the said operation. it is crl. a. nos. 2295 - 2296 of 2010 - 15 - the further case of the prosecution that a large quantity of fire arms and explosive substances were carried by the two fidayeens. some of the ... | 153 |
154 | 129,620,993 | . the investigation continued but nothing fruitful came out of the attempt of the investigating officer to trace the accused persons who were involved in the conspiracy and other offences committed by two fidayeens. the investigation of the case was transferred to acp singhal ( pw - 126 ) of the crime branch who was th... | 154 |
155 | 129,620,993 | confessional statements of the accused persons were recorded by the superintendent of police, sanjaykumar gadhvi ( pw - 78 ), as provided under section 32 of the pota by following the mandatory procedure. 11. there were 376 witnesses shown in the chargesheet. out of those, 126 witnesses were examined by the prosecution... | 155 |
156 | 129,620,993 | ##nce, had gathered the indian muslims working in the towns of jiddah, shiffa and riyadh of saudi arabia at the residence of a - 3. a - 1, a - 3 and a - 5 and the absconding accused nos. 3 to 5 and 12 to 22, who at the instance of the isi of pakistan became members of the terrorist crl. a. nos. 2295 - 2296 of 2010 - 23... | 156 |
157 | 129,620,993 | fsl report ( ex. 668 ) confirmed that the urdu writings ( ex. 658 ) were in the same ink as that of the muddamal pen. there was also reference made of recovery of muddamal articles in the afternoon of 25. 9. 2002 ( 84 in number ) from the temple crl. a. nos. 2295 - 2296 of 2010 - 25 - precincts under panchnama ( ex. 39... | 157 |
158 | 129,620,993 | rickshaw on 22. 09. 2002 and the route to akshardham temple on 24. 09. 2002, was traced by a - 2. reference was also made of the house of abbas ( the brother of a - 2 ) in which fidayeens and ayub ( absconding accused no. 23 ) were provided lodging, was identified by a - 2 under panchnama ( ex. 580 ) proved by the panc... | 158 |
159 | 129,620,993 | of 2010 - 28 - there is recovery of natural handwriting ( ex. 613 ) of a - 4 from a diary identified by him, which was recovered under panchnama ( ex. 309 ) and proved by the panch - ashok manaji marwadi ( pw - 49 : ex. 308 ). collection of the specimen writing ( ex. 698 ) of a - 4 under panchnama ( ex. 334 ) is proved... | 159 |
160 | 129,620,993 | and 26. 05. 2003 from the passenger register of gulshan guest house in panchnama ( exs. 317 and 319 ) which have been proved by the panch - poonambhai narshibhai parmar ( pw - 54 : ex. 318 ) and panch - ashok sahadevbhai kahaar ( pw - 53 : ex. 316 ) respectively. the panch - poonambhai narshibhai has also proved recove... | 160 |
161 | 129,620,993 | from paragraph 75 onwards in the impugned judgment, the division bench of the high court has referred to the judgments of this court. reliance was placed on the cases of s. n. dube v. n. b. bhoir & ors. 1 and lal singh etc. etc. v. state of gujarat & anr. 2 which made reference to the confessional statement recorded un... | 161 |
162 | 129,620,993 | v. mir mohammad omar & ors. 6, wherein it was held that the courts should bear in mind the time constraints on the police officers in the present system, the ill equipped machinery they have to cope with and the traditional apathy of respectable persons towards them. 6 ( 2000 ) 8 scc 382 crl. a. nos. 2295 - 2296 of 201... | 162 |
163 | 129,620,993 | 23 ) at hyderabad. he further admitted the disputed signature in the hotel register ( muddamal article no. 129 ) and the specimen signature ( muddamal article no. crl. a. nos. 2295 - 2296 of 2010 - 36 - 131 ) as that of his own. he also identified a - 2 in the court. 23. the high court also placed reliance on the state... | 163 |
164 | 129,620,993 | and their probative value and held that the confessional statements were made by the accused persons under section 32 of pota before crl. a. nos. 2295 - 2296 of 2010 - 38 - sanjay gadhvi, deputy commissioner of police ( zone - iv ) ( pw - 78 : ex. 452 ), ahmedabad, who had been examined by the prosecution. he had depos... | 164 |
165 | 129,620,993 | the six accused persons were properly recorded and procedural requirements under the statute were complied with. the division bench of the high court further recorded the concurrent finding at para 132 of the impugned judgment that if the statutory safeguards are properly followed by the police officer and the cjm, and... | 165 |
166 | 129,620,993 | delhi10 held that the initial burden is on the prosecution to prove that all the requirements under section 15 of tada and rule 15 of tada rules were complied with. once that is done and the prosecution discharges its burden, then it is for the accused to satisfy the 9 ( 2001 ) 10 scc 109 10 ( 2002 ) 5 scc 234 crl. a. ... | 166 |
167 | 129,620,993 | 2296 of 2010 - 45 - defence witnesses, except dw - 3 to hold that none of the aforesaid evidence remotely supports the defence version that a - 2 and a - 3 were arrested long before 29. 08. 2003, i. e the dates of arrest as mentioned in their arrest memos. the high court held that the evidence of the doctors also does ... | 167 |
168 | 129,620,993 | ex. 492 and ex. 493 ) and the muddamal clothes of the fidayeens and submitted that since both of them died of bullet wounds sustained during the counter attack by the nsg commandos, the bodies were wounded and soiled in blood, and their clothes were tattered by the bullet holes and the splinters. there were holes in th... | 168 |
169 | 129,620,993 | to a - 3, five years rigorous imprisonment to a - 1 and ten years rigorous imprisonment to a - 5 and the appeals of the accused persons were dismissed. crl. a. nos. 2295 - 2296 of 2010 - 50 - the correctness of the impugned judgment and orders passed by the high court is under challenge in these appeals by the accused ... | 169 |
170 | 129,620,993 | learned counsel for a - 6, ms. kamini jaiswal placed reliance on the case of ramanath gadhvi v. state of gujarat11 qua the sanction under section 20 - a ( 2 ) of tada, which has been declared per incuriam by a 5 judge bench in the case of prakash bhutto v. state of gujarat12 and therefore the judgment has no relevance.... | 170 |
171 | 129,620,993 | also placed by the learned senior counsel on the evidence of pw - 89 who had opined that the letters ( ex. 658 ) had been written by a - 4. the learned senior counsel also submitted that pw - 91 deposed before the court, and that in his cross examination, he was not questioned regarding the condition of the letters wri... | 171 |
172 | 129,620,993 | - 57 - was received by the gujarat ats from the igp kashmir regarding the same on 31. 08. 2003. the investigation was conducted by pw - 126 who was the then acp and was authorized to do so as per section 51 of pota. a team was formed under the proper authorization for collecting materials from different places during i... | 172 |
173 | 129,620,993 | as the site for the attack on 24. 09. 2002. a - 4, at the instance of a - 5, wrote the two urdu letters and gave them to the fidayeens. a - 5 took the fidayeens to the railway station, from where they took a taxi to the akshardham temple. the arms and ammunitions were brought from kashmir by a - 6. concurrent findings ... | 173 |
174 | 129,620,993 | counsel for a - 6 that the perusal of the statement of pw - 88 would show that all the documents pertaining to the investigation were not placed before the sanctioning authority and it was only on the approval of the minister that the sanction was granted. the sanction was granted without due application of mind. thus ... | 174 |
175 | 129,620,993 | learned senior counsel placed reliance on the deposition of pw - 99 to contend that it leaves no manner of doubt that he was neither mindful of his obligations under section 32 of pota nor did he make any enquiry regarding fear or torture likely to have been faced by the accused persons while making their confessional ... | 175 |
176 | 129,620,993 | of evidence of dw - 2, the conduct of the prosecution in the facts and circumstances of the case becomes unjustified. the learned senior counsel in support of the said contention placed reliance upon the decision of this court in the case of sidhartha vashisht v. state ( nct of delhi ) 14. 49. further, the learned seni... | 176 |
177 | 129,620,993 | it has formed its opinion with regard to the quality and effect of other evidence, only then, the crl. a. nos. 2295 - 2296 of 2010 - 69 - court must turn to the confessions in order to be assured as to the conclusion of guilt, which the judicial mind is about to reach, based on the said other evidence. in support of th... | 177 |
178 | 129,620,993 | 2 and a - 4 and learned counsel, ms. kamini jaiswal representing a - 6 have reiterated the same and submitted that there had to be independent evidence corroborating the confessional statements of the accused persons if they had been retracted. evidence of accomplices. 52. the learned senior counsel mr. k. t. s tulsi s... | 178 |
179 | 129,620,993 | . a. nos. 2295 - 2296 of 2010 - 74 - and that there is sufficient corroboration by other evidence to his statement. this test is special to the case of weak or tainted evidence like that of the approver. in support of the said principle, he further placed reliance on the cases of ravinder singh v. state of haryana24, a... | 179 |
180 | 129,620,993 | the case to the crime branch on 28. 08. 2003 suddenly resulted in feverish activity, whereupon the accused persons were arrested and their confessional statements were recorded. the learned senior counsel for the prosecution had relied upon the deposition of pw - 52 who had stated in his evidence about sending money th... | 180 |
181 | 129,620,993 | relied upon such a document to record their findings of guilt against the accused persons on the basis of the same. 58. the learned senior counsel also referred to various discrepancies in the statements of the two important witnesses in relation to the letters, i. e of pw - 91, lt. col. jayadeep lamba, who, according ... | 181 |
182 | 129,620,993 | 2003, all the accused persons, except a - 6 were arrested and on 30. 08. 2003, crl. a. nos. 2295 - 2296 of 2010 - 81 - the provisions of pota were invoked by the crime branch against them. 61. it was further contended by him that this made the prosecution story highly improbable and the fact that the accused persons we... | 182 |
183 | 129,620,993 | ##ayeens and the accused persons. 62. the learned senior counsel mr. a. sharan contended that for the prosecution to invoke common intention under section 34 ipc or common object under section 149 ipc, it is required to establish beyond reasonable doubt the connection between the accused persons and the common intentio... | 183 |
184 | 129,620,993 | suppression of material witness draws an adverse inference against the prosecution. 65. it was contended by the learned senior counsel that pw - 126 stated that his senior officer d. g vanzara, had orally told him that pw - 50 was aware of 32 ( 2002 ) 1 scc 351 33 ( 2002 ) 2 scc 426 34 ( 2000 ) 4 scc 515 crl. a. nos. 2... | 184 |
185 | 129,620,993 | that therefore, in the presence of these major discrepancies in the prosecution story, and the non - reliability of the confessional statements of the accused persons, they were entitled to acquittal. crl. a. nos. 2295 - 2296 of 2010 - 88 - contentions on behalf of a - 6. 67. the contentions urged by learned counsel ms... | 185 |
186 | 129,620,993 | ##6 of 2010 - 90 - under section 32 of pota and the learned counsel for a - 6, ms. kamini jaiswal had alluded to them with respect to a - 6 also. hence, we will not reiterate the same in this portion of the judgment. that the other evidence produced by the prosecution also does not point to the guilt of a - 6. 70. the ... | 186 |
187 | 129,620,993 | on record to connect a - 6 with the said owner or with the car, or of the case with the attack at akshardham temple. that there had also been a violation of section 51 of pota. 71. it was contended by the learned counsel that section 51 of pota, which starts with the non - obstante clause, makes it mandatory that the i... | 187 |
188 | 129,620,993 | - 4? 6. whether there is any evidence apart from the retracted confessional statement of a - 6 which connects him to the offence? 7. whether there is any independent evidence on record apart from the confessional statements recorded by the police, of the accused persons and the accomplices, to hold them guilty of the c... | 188 |
189 | 129,620,993 | purpose of deciding whether it was a fit case for granting sanction under section 50 of pota. he had reiterated in his deposition that he had perused all these documents, especially patrak - a, which contained the details of the two urdu letters crl. a. nos. 2295 - 2296 of 2010 - 101 - and the opinion of the handwritin... | 189 |
190 | 129,620,993 | ) application sent by dsp jamnagar vide his letter no. rb / d / 122 / 1993 / 1820 dated 9 - 8 - 1993. having considered the fir in respect of offence registered no. 55 / 93 at khambalia police station district jamnagar under section 25 ( 1 ) ( b ) ( a ) ( b ) of arms act and sections 3, 4 and 5 of tada and letter no. r... | 190 |
191 | 129,620,993 | - 2296 of 2010 - 108 - discussed anything with the i. o about granting sanction in the present case. however, the special court ( pota ) erroneously justified the granting of sanction on the ground that the learned counsel for a - 2 and a - 4 before the special court ( pota ), mr. r. k. shah, did not insist on examinat... | 191 |
192 | 129,620,993 | - ( 5 ) the chief metropolitan magistrate or the chief judicial magistrate, shall, record the statement, if any, made by the person so produced and get his signature or thumb crl. a. nos. 2295 - 2296 of 2010 - 115 - impression and if there is any complaint of torture, such person shall be directed to be produced for me... | 192 |
193 | 129,620,993 | ##al statement is applicable under pota ; that the provision which entails the magistrate to test and examine the voluntariness of a confession and complaint of torture is an additional safeguard and does not crl. a. nos. 2295 - 2296 of 2010 - 117 - in any manner inject any constitutional infirmity ; that there cannot ... | 193 |
194 | 129,620,993 | of the confession statement. ( see : kartar singh case p. 683, para 264 of scc ). judicial wisdom will surely prevail over irregularity, if any, in the process of recording confessional statement. therefore we are satisfied that the safeguards provided by the act and under the law are adequate in the given circumstance... | 194 |
195 | 129,620,993 | ##kumar gadhvi ( pw - 78 ) appeared on a separate documents marked as separate exhibits from the confessions. the same are as follows : 82. the intimation letters of caution written by pw - 78 fail to prove that the process of intimation preceded the recording of confessional statements as a continuous process. on the ... | 195 |
196 | 129,620,993 | exhibits referred to supra, namely, the letter of intimation and the statements of confession, in the case of each of the accused persons, are of the same day. it has been contended by the learned senior counsel of the accused persons that not enough time was given to them to reflect on the incident before making confe... | 196 |
197 | 129,620,993 | . it may also be noticed that although pw6 chander bhan, armourer, was examined by the prosecution to prove that the weapons were in working conditions, no effort was made to prove crl. a. nos. 2295 - 2296 of 2010 - 139 - that the ammunition or the empties matched the weapons. ( emphasis laid by this court ) therefore,... | 197 |
198 | 129,620,993 | procedural formality. 87. it is pertinent to note here that while pota makes a departure from crpc in that it makes confessional statements made before a police officer admissible, crl. a. nos. 2295 - 2296 of 2010 - 142 - the procedural safeguards therein are not a mechanical formality. on the other hand, it should be ... | 198 |
199 | 129,620,993 | use of the phrase, shall be sent to judicial custody after confession is a mandatory requirement in comparison to the use of an alternative term may which gives discretionary power to the cjm. further, this court in the case of state ( nct of delhi ) v. navjot sandhu47, has unambiguously observed as under : therefore, ... | 199 |
Subsets and Splits
No community queries yet
The top public SQL queries from the community will appear here once available.