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275,800 | 148,244,505 | sub section ( 2 ) of section 52a. the learned senior counsel submitted that only the samples drawn under sub section ( 2 ) of criminal appeal no. 451 of 2011 page 4 of 16 section 52a and certified by the magistrate become primary evidence in respect of the offence. he relied upon the decision of this court in the case ... | 275,800 |
275,801 | 148,244,505 | the prosecution s case, information was received that accused no. 1 was likely to receive 5 kilograms of heroin from accused nos. 2 and 3. he submitted that the prosecution has not proved that anyone has seen accused nos. 2 and 3 carrying contraband to the room occupied by accused no. 4. it is not the prosecution s cas... | 275,801 |
275,802 | 148,244,505 | from accused nos. 2 and 3, who were staying in room no. 211 of hotel blue star international, chennai. the information received was that the accused nos. 1, 2 and 3 had planned to deliver the contraband to accused no. 4 who was residing in room no. 303 of hotel suriya, periamet, chennai. the job of accused no. 4 was to... | 275,802 |
275,803 | 148,244,505 | , in view of the bar of section 25 of the evidence act, the confessional statements will have to be kept out of consideration. 13. as regards the statements of the official witnesses at exhibits p 19 and p 71, the special court relied upon the same. the high court considered the provisions of section 53a, which reads t... | 275,803 |
275,804 | 148,244,505 | held by this court in the case of mohanlal2. this creates a serious doubt about the prosecution s case that the substance recovered was contraband. 17. even according to the prosecution s case, as can be seen from the version of pw 2, accused no. 1 ( appellant in criminal appeal no. 1185 of 2011 ) was staying in room n... | 275,804 |
275,805 | 148,244,505 | a reasonable doubt that the appellants in these two appeals were in possession of the contraband or that they brought the contraband to the hotel room of the accused no. 4. criminal appeal no. 451 of 2011 page 15 of 1619. in the circumstances, we cannot sustain the conviction of the appellants in these two appeals. acc... | 275,805 |
275,806 | 82,036,345 | sudhanshu dhulia, j. 1. this appeal arises out of a divorce proceeding initiated by the appellant under section 13 of the hindu marriage act, 1955, ( hereinafter referred to as the act ), in the court of additional district judge ( north ), tis hazari courts, delhi. his suit was decreed and the marriage was dissolved b... | 275,806 |
275,807 | 82,036,345 | / 406 of the indian penal code, at anand parbat police station, new delhi. the appellant and his brother were arrested the same day, while they were attending a marriage ceremony, and this was done in the presence of 15 to 20 of his friends. later the two were released on bail, though the wife persisted with the matter... | 275,807 |
275,808 | 82,036,345 | ##ion were not made out. as far as filing of various complaints under sections 323, 324 and 498a ipc are concerned, the high court was of the view that mere filing of such complaints, or their result in acquittal would not amount to cruelty, as the wife was only exercising her options available to her under the law. mo... | 275,808 |
275,809 | 82,036,345 | for divorce has been made out and the well considered decision of delhi high court should be upheld. 10. the husband and wife, who are before us have been living separately since the last 25 years. there is no child out of the wedlock. there are bitter allegations of cruelty and page 7 of 17 desertion from both the sid... | 275,809 |
275,810 | 82,036,345 | 2020 ) 14 scc 657 5 ( 2022 ) 3 scc 86 page 9 of 17 considerable period and there is absolutely no chance of their living together again. in all the above cited three cases, this court in exercise of its power under article 142 of the constitution of india has dissolved the marriage on the ground of irretrievable breakd... | 275,810 |
275,811 | 82,036,345 | relationship which has only become more bitter and acrimonious over the years, does nothing but inflicts cruelty on both the sides. to keep the fa ade of this broken marriage alive would be doing injustice to both the parties. a marriage which has broken down irretrievably, in our opinion spells cruelty to both the par... | 275,811 |
275,812 | 82,036,345 | a long period of continuous separation, it may fairly be concluded that the matrimonial bond is beyond repair. the marriage becomes a fiction though supported by a legal tie. by refusing to sever that tie, the law in such cases, does not serve the sanctity of marriage ; on the contrary, it shows scant regard for the fe... | 275,812 |
275,813 | 82,036,345 | within a period of four weeks from today with the registry of this court. the decree of divorce shall be made effective only from the date of such a deposit. on the event of such deposit, the registry after verifying the credentials of the respondent / wife shall disburse the amount to the respondent / wife without fur... | 275,813 |
275,814 | 20,802,720 | sanjay kumar, j1. convicted and sentenced for the dastardly and most depraved of offences the rape of his own 9 - year - old daughter, the appellant is before this court. 2. by judgment dated 18. 02. 2013 in sessions case no. 01 of 2013, the learned additional sessions judge ( special fast track court ), dwarka courts,... | 275,814 |
275,815 | 20,802,720 | man, woman or animal shall be punished with imprisonment for life, or with imprisonment of either description for a term which may extend to 10 years, and shall also be liable to fine. it was in exercise of power under sections 376 ( 2 ) ( f ) and 377 ipc that the learned additional sessions judge sentenced the appella... | 275,815 |
275,816 | 20,802,720 | rest of the life, is indeterminate by nature. it was observed that, in the states of karnataka and bihar, remission is granted to life convicts by deemed conversion of life imprisonment into a fixed term of 20 years by executive orders issued by the state government, flying in the face of a long line of decisions by th... | 275,816 |
275,817 | 20,802,720 | observed that it could be said without any scope for controversy that, when by way of a judicial decision after a detailed analysis, having regard to the proportionality of the crime committed, it is decided that the offender deserves to be punished with the sentence of life imprisonment, i. e., till the end of his lif... | 275,817 |
275,818 | 20,802,720 | affirmation of the hollow exercise of a power, that was not conferred, by the learned additional sessions judge does not qualify as an independent exercise by the high court and would not suffice in terms of the legal requirement. it is only the high courts or this court that would have the power, upon proper applicati... | 275,818 |
275,819 | 20,802,720 | for the remainder of the convict s natural life. 12. in the case on hand, the new sections 376 ( 2 ) ( f ) and 376 ( 3 ) ipc would have had application had the offence been committed after 03. 02. 2013. however, as it is an admitted fact that the child was raped by her father during the month of august, 2012, these ame... | 275,819 |
275,820 | 20,802,720 | , where the trial court had sentenced the appellant to undergo rigorous imprisonment for the rest of his life. while noting that the power to impose a modified punishment providing for a specific term of incarceration or till the end of the convict s life, as an alternate to death penalty, can be exercised only 5 ( 202... | 275,820 |
275,821 | 20,802,720 | to settle down and move on with her life, even if her villainous father is set at liberty. we are, therefore, of the opinion that this is a fit and deserving case for exercise of the power vesting in this court to impose a modified special category sentence of fixed - term life imprisonment. as pointed out by this cour... | 275,821 |
275,822 | 106,405,053 | m. r. shah, j. 1. feeling aggrieved and dissatisfied with the impugned judgment and order dated 02. 03. 2021 passed by the high court of telangana at hyderabad in criminal petition no. 1148 / 2021, by which, the high court has allowed the said bail application and has granted the anticipatory bail in favour of responde... | 275,822 |
275,823 | 106,405,053 | no. 91, 93, 94 ( water resource dept ) ; 2 tenders vide nos. 49985 & 49982 of pwd ; tender no 49813, tender no. 786 of mprdc ; and tenders vide nos. 10030 & 10044, it was suspected that many other tenders have also been tampered using the same modus operandi. m / s mantena group of companies, hyderabad, was suspected t... | 275,823 |
275,824 | 106,405,053 | the water resources department in the state of madhya pradesh, was summoned by the ed to explain the sudden spurt in the allocation of tenders to m / s mantena construction during his stint in the state of mp. 2. 7 that apprehending his arrest in connection with ed case for the scheduled offence under the act, 2002, re... | 275,824 |
275,825 | 106,405,053 | in the case of dr. v. c. mohan ( supra ) it is specifically observed and held by this court that section 45 of the act, 2002 shall be applicable with respect to the offences under the act, 2002 and the rigour of section 45 of the act, 2002 shall get triggered although the application is under section 438 of cr. pc. it ... | 275,825 |
275,826 | 106,405,053 | to respondent no. 1 the high court has not considered the nature of allegations and seriousness of offences alleged against respondent no. 1 who at the relevant time was working as an additional chief secretary. 3. 7 making the above submissions and relying upon above decision as well as the decision of this court in t... | 275,826 |
275,827 | 106,405,053 | v. c. mohan ( supra ) therefore, cannot be pressed into service while challenging the impugned judgment and order passed by 11 the high court granting anticipatory bail relying upon the decision / law prevalent at the relevant time. 4. 7 it is further submitted by learned counsel appearing on behalf of respondent no. 1... | 275,827 |
275,828 | 106,405,053 | ; or ( ii ) any officer of the central government or a state government authorised in writing in this behalf by the central government by a general or special order made in this behalf by that government. [ ( 1 a ) notwithstanding anything contained in the code of criminal procedure, 1973 ( 2 of 1974 ), or any 13 other... | 275,828 |
275,829 | 106,405,053 | in the case of nikesh tarachand shah ( supra ). once the rigour under section 45 of the act, 2002 shall be applicable the impugned judgment and order passed by the high court granting anticipatory bail to respondent no. 1 is unsustainable. 6. even otherwise on merits also, the impugned judgment and order passed by the ... | 275,829 |
275,830 | 106,405,053 | chance of tampering with the investigation at this stage, because as rightly pointed out by the learned senior counsel for the petitioner that a criminal case has already been filed against the other accused and the same is pending before the special court at bhopal. 6. 3 from the aforesaid, it can be seen that the hig... | 275,830 |
275,831 | 195,334,010 | m. r. shah, j leave granted. 1. feeling aggrieved and dissatisfied with the impugned judgment and order dated 24. 09. 2019 passed by the high court of madhya pradesh, bench at indore in criminal appeal no. 1244 / 2011, by which the high court has allowed the said appeal preferred by the respondent herein jad bai and ha... | 275,831 |
275,832 | 195,334,010 | accused pleaded not guilty and therefore all of them claimed to be tried by the learned sessions court for the offences punishable under section 302 read with section 34 of the ipc. to prove the charge against accused the prosecution examined in all eight witnesses out of which nanbai pw1 was the eye witness. the prose... | 275,832 |
275,833 | 195,334,010 | accused. 6. 2 it is further submitted that as such the incident occurred at the house of the respondent. it is submitted that in her section 313 statement, the respondent has not explained why she was holding and / or caught hold of the deceased. 6. 3 learned counsel appearing on behalf of the state, relying upon a rec... | 275,833 |
275,834 | 195,334,010 | the decisions of this court in the cases of mukesh v. state of madhya pradesh, reported 6 in ( 2022 ) 3 scc 241 and ramashish yadav v. state of bihar, reported in ( 1999 ) 8 scc 555, it is prayed to dismiss the present appeal. 8. we have heard learned counsel appearing on behalf of the parties at length. we have gone t... | 275,834 |
275,835 | 195,334,010 | not have caught hold of the deceased, in that case the original accused no. 1 might not have been able to cause injuries on the head of the deceased. thus, it can be seen that the respondent participated actively in commission of the offence and shared the common intention to kill the deceased. 811. in the case of gurb... | 275,835 |
275,836 | 62,636,327 | sanjay kumar, j1. by judgment dated 30. 08. 2016 passed in sessions case no. 81 of 2012, the learned vi additional district and sessions judge, sompeta, held the accused therein, viz., dakkata balaram reddy ( a1 ) and chinapana gopi ( a2 ), guilty of offences punishable under sections 302, 397 and 450 ipc and sentenced... | 275,836 |
275,837 | 62,636,327 | of police who was holding additional charge of ichapuram circle ( pw - 26 ). pw - 26 immediately took up investigation. he 2 visited the scene of offence and held an inquest over the dead bodies in the presence of mediators. upon receiving information, he arrested a2 at 01. 15 am on 22. 08. 2008 at radhamveedhi, jagann... | 275,837 |
275,838 | 62,636,327 | ; and imprisonment for 7 years under section 397 ipc. further imprisonment was directed for default in payment of fines. 5. aggrieved thereby, the accused filed criminal appeal no. 915 of 2016 before the high court. by judgment dated 03. 10. 2018, a division bench of the high court opined that the circumstantial eviden... | 275,838 |
275,839 | 62,636,327 | this court affirmed that article 136 of the constitution does not confer a right of appeal on a party and only confers discretionary power on this court to be exercised sparingly to interfere in suitable cases where grave miscarriage of justice has resulted from illegality or misapprehension or mistake in reading evide... | 275,839 |
275,840 | 62,636,327 | . p - 1 ). pw - 1 stated that he told the police that his wife and son were killed by the accused. he also informed the police that he had lost gold ornaments and cash of 18, 340 / -. in his cross - examination, he stated that the accused were his customers and used to purchase gold 7 or take money from him. he denied ... | 275,840 |
275,841 | 62,636,327 | all went inside the house of pw - 1 and found that the wife and son of pw - 1 were lying dead. pw - 1 s son was lying in the shop room and the body of pw - 1 s wife was at the bath room which was after the shop room. pw - 1 then returned from camp. during the investigation, on 11. 12. 2008, his statement was recorded u... | 275,841 |
275,842 | 62,636,327 | contractor and possessed 8 lorries. he however disclaimed knowledge of a1 doing gold business or having constructed a temple. he could not say the colour of the wearing apparel and the colour of the bags carried by the accused. 13. pw - 7 stated that, on 21. 08. 2008 at about 09. 00 pm, he closed his kirana shop and wa... | 275,842 |
275,843 | 62,636,327 | before the police that a1 and a 2 were holding bags and left pw - 1 s house in a hurry. 15. now, coming to the apprehension and arrest of the accused. pw - 17 stated that he was the village revenue officer of koligam village and on 22. 08. 2008, at around 01. 00 am, he was called to ichapuram town police station by the... | 275,843 |
275,844 | 62,636,327 | the police station and he along with lw - 26 went there. the police seized the yellow t - shirt ( mo 97 ) and light cement - coloured jeans pant ( mo 98 ) of a1 along with the blood - stained jeans of cement color ( mo 99 ) of a2. 17. pw - 26 worked as the inspector of police at sompeta from 13. 10. 2006 to 19. 09. 200... | 275,844 |
275,845 | 62,636,327 | time of the offence, they disclosed that they were wearing the same clothes at the time of offence. he then secured some other clothes and seized their blood - stained clothes. 18. pw - 27 stated that he worked as the inspector of police, ichapuram, from 09. 02. 2008 to 09. 05. 2010. he stated that he took up further i... | 275,845 |
275,846 | 62,636,327 | the opinion that it would not be open to the accused to raise this factual aspect at this late stage. it was never put in issue that the area in question did not have adequate street lights, whereby the 16 evidentiary value of the statements of witnesses as to what they had seen could be attacked. more so, as it has co... | 275,846 |
275,847 | 62,636,327 | injury [ see karnel singh vs. state of m. p. { ( 1995 ) 5 scc 518 } ] 22. similarly, identification of the gold ornaments by pw - 1 during the tip does not raise any red flags. order 474 of the andhra pradesh police investigation manual, part i, vol. iia, provides that identification of properties has to be done in the... | 275,847 |
275,848 | 62,636,327 | - 1 of the fateful night with bags in their possession. no explanation is forthcoming as to why three separate witnesses would choose to implicate the accused falsely. 25. given the totality of the case, which demonstrates that the sequence of events unfolded in quick succession during the intervening night of 21. 08. ... | 275,848 |
275,849 | 19,169,439 | sanjay kishan kaul, j. 1. leave granted. 2. the appellants herein joined the service as junior engineers in the electricity department of the government of puducherry, having already acquired an engineering degree prior to the appointment to the post of junior engineer. on the other hand, the private respondents joined... | 275,849 |
275,850 | 19,169,439 | holder. the moot point, thus, which arises, is whether, for a diploma holder, who acquires a degree during the course of employment, the period of service as a junior engineer prior to acquiring the degree is to be excluded for computing the eligible period of service for promotion to the post of an assistant engineer.... | 275,850 |
275,851 | 19,169,439 | 753 3 ( supra ) 4 w. p. no. 26525 of 2009 and w. p. nos. 221 & 7165 of 2010 slp ( c ) no. 20214 - 20216 / 2011 page 5 of 17 arguments before the high court9. in the proceedings before the high court, the two parties relied upon the aforesaid two judgments the appellants on shailendra dania & ors. 5 case while the respo... | 275,851 |
275,852 | 19,169,439 | d. stephen joseph13 case, being the judgment of two - judges, on the true interpretation of that rule, in question. 11. the aforesaid resulted in the special leave petition being filed before this court. initial proceedings before this court12. the two - judges bench of this court, in terms of the order dated 30. 01. 2... | 275,852 |
275,853 | 19,169,439 | service rendered by a degree holder junior engineer vis - - vis a diploma holder junior engineer was neither placed nor covered by this court. that judgment was stated to be completely based only on the arguments of a past practice and not as to the actual meaning and interpretation of the relevant rule. 15. while refe... | 275,853 |
275,854 | 19,169,439 | ##27case and, thus, that case cannot be said to be a sub silentio. these two judgments are once again of a three - judges bench, and the latter judgment had set down the principles to be followed as regards the counting of the service period of diploma holders. 18. the effect of the aforesaid pronouncements was stated ... | 275,854 |
275,855 | 19,169,439 | of his knowledge and entitling him to an earlier consideration in the time period would not be relevant. 21. the department of personnel and training, instructions and guidelines on seniority, have been placed before us. as far as the seniority of promotees is concerned, the relevant portion is as under : 2. 2. seniori... | 275,855 |
275,856 | 19,169,439 | of significance has also been noticed in m. b. joshi37 case. this judgment also discusses the aspect where there are two channels for promotion ( as in the present case ) and illustrates that if the total time period of service was not to be counted, then there could not be said to be any incentive to acquire the highe... | 275,856 |
275,857 | 19,169,439 | .................... j. [ sanjay kishan kaul ]................... j. [ abhay s. oka ]................... j. [ manoj misra ] new delhi. may 08, 2023. ( supra ) slp ( c ) no. 20214 - 20216 / 2011 page 17 of 17 | 275,857 |
275,858 | 127,999,002 | surya kant, j. leave granted. 2. the instant criminal appeal originates from a judgment dated 27. 01. 2020 whereby the high court of punjab and haryana at chandigarh ( in short high court ), while setting aside the order dated 12. 07. 2018 passed by the additional sessions judge, nuh, has ordered the summoning of the a... | 275,858 |
275,859 | 127,999,002 | cr. p. c before the trial court to summon the appellants as additional accused. 6. the trial court dismissed the said application observing that the extraordinary power vested under section 319 cr. p. c ought to be exercised only if the evidence adduced on record strongly indicates the possible involvement of the perso... | 275,859 |
275,860 | 127,999,002 | . 1, the high court was justified in summoning the appellants, who were actively involved in harassing the deceased for not bringing enough dowry and which eventually led to the unfortunate death of rukseena just within 7 months of her marriage. c. analysis11. there is no gainsaid that the alleged offence is grave and ... | 275,860 |
275,861 | 127,999,002 | conviction. in the absence of such satisfaction, the court should refrain from exercising power under section 319 crpc. in section 319 crpc the purpose of providing if it appears from the evidence that any person not being the accused has committed any offence is clear from page | 6 the words for which such person coul... | 275,861 |
275,862 | 127,999,002 | i ) if the competent court finds evidence or if application under section 319 cr. p. c. is filed, regarding involvement of any other person in committing the offence based on evidence recorded at any stage in the trial before passing of the order on acquittal or sentence, it shall pause the trial at that stage and the ... | 275,862 |
275,863 | 127,999,002 | . 2018 for further examination in chief as pw 1. his deposition distinctively unravels that at the time of marriage, appellant no. 1 juhru ( father in law ) had asked respondent no. 1 to spend a sum of rs. 20 lacs on the marriage of aamir and the deceased, to which respondent no. 1 had agreed. appellant no. 1 and his w... | 275,863 |
275,864 | 127,999,002 | . the information available on record suggests that the trial is at the stage of defence evidence. the guidelines that the trial court must follow, while commencing the trial against appellant no. 1 have been extensively iterated by the constitution bench in sukhpal singh khaira ( supra ), in the following terms : 41 (... | 275,864 |
275,865 | 125,990,674 | a. s. bopanna, j. 1. leave granted. 2. the appellant is assailing the judgment dated 12. 02. 2019 passed by the high court of andhra pradesh at signature not verified digitally signed by amravati in criminal petition no. 12675 of 2018 and nisha khulbey date : 2023. 09. 06 16 : 41 : 30 ist reason : analogous petitions. ... | 275,865 |
275,866 | 125,990,674 | no. 2 sent a reply to the said rejoinder on 07. 06. 2017. the appellant thereafter filed complaints under section 138 of the ni act on 11. 07. 2017 before the special magistrate, vishakhapatnam vide cc no. 681 of 2017 and analogous complaints. the learned special magistrate in accordance with law, took cognizance of th... | 275,866 |
275,867 | 125,990,674 | which is promised to be paid, even if is time - barred is a legally recoverable one. in view of section 25 ( 3 ) of the indian contract act, the promise / agreement is valid and page 5 therefore the same is enforceable. the learned counsel for the appellant has argued on the principle that the limitation act only bars ... | 275,867 |
275,868 | 125,990,674 | hereunder : 9. the learned counsel has further referred to the decision in the case of a. v. murthy vs. b. s. page 8 nagabasavanna ( 2002 ) 2 scc 642 wherein it is held as hereunder : moreover, in the instant case, the appellant has submitted before us that the respondent, in his balance sheet prepared for every year s... | 275,868 |
275,869 | 125,990,674 | exercising jurisdiction under section 482 crpc will be justified in interfering but not otherwise. in that light, this court was of the view that entertaining a petition under section 482 crpc to quash the proceedings at the stage earlier to the evidence would not be justified. 11. notwithstanding the above, the learne... | 275,869 |
275,870 | 125,990,674 | involved in the case on hand ex facie it indicates that the claim which was made in the complaint before the trial court based on the cheque which was dishonoured cannot be construed as time - barred and as such it cannot be classified as a debt which was not legally recoverable, the details of which we would advert to... | 275,870 |
275,871 | 125,990,674 | hence, when the respondent had agreed to repay the amount within december, 2016, the cause of action to initiate proceedings to recover the said amount if not paid within december 2016 would arise only in the month of december, 2016. in that light, the limitation would be as provided under article 34 to the schedule in... | 275,871 |
275,872 | 125,990,674 | 1820. the appeals are accordingly allowed with no order as to costs. 21. pending application, if any, shall stand disposed of..... j. ( a. s. bopanna )...... j. ( prashant kumar mishra ) new delhi, september 06, 2023 page 19 | 275,872 |
275,873 | 83,401,027 | rajesh bindal, j. 1. the appellant, who was husband of the deceased, has filed the present appeal challenging his conviction and sentence under sections 304b, 498a and 201 of indian penal code, 1860 ( for short, ipc ). the trial court had sentenced the appellant to undergo rigorous imprisonment for 10 years under secti... | 275,873 |
275,874 | 83,401,027 | on 22. 6. 1995 in the morning at about 8. 00 a. m., his daughter was beaten up and strangulated to death by her husband charan singh, ( the appellant herein ), brother - in - law, gurmeet singh ( accused no. 2 ) and mother - in - law santo kaur ( accused no. 3 ). they had cremated the dead body without even informing t... | 275,874 |
275,875 | 83,401,027 | in connection with the demand of dowry. page 4 of 19 criminal appeal no. 447 of 20125. if the evidence led by the prosecution is examined, no case for conviction under section 304b or 498a ipc can possibly be made out as none of the witnesses have stated that there was any harassment or cruelty to the deceased or deman... | 275,875 |
275,876 | 83,401,027 | brother and mother, no appeal has been preferred by the state and death of the wife of the appellant was not unnatural as she was suffering from fits. in her cross - 1 ( 2017 ) 1 scc 101 page 6 of 19 criminal appeal no. 447 of 2012 examination, the maternal grandmother admitted that the deceased had fits. 7. on the oth... | 275,876 |
275,877 | 83,401,027 | the learned counsel for the parties, a perusal of section 304b and 498a ipc and section 113b of the indian page 8 of 19 criminal appeal no. 447 of 2012 evidence act would be required. the same are extracted hereinbelow : - explanation. for the purposes of this section, cruelty means ( a ) any wilful conduct which is of... | 275,877 |
275,878 | 83,401,027 | of the indian evidence act with reference to the presumption raised was discussed in para 32 of the aforesaid judgment, which is extracted below : - rao v. yadla srinivasa rao [ k. prema s. rao v. yadla srinivasa rao, ( 2003 ) 1 scc 217 : 2003 scc ( cri ) 271 ] to the effect that to attract the provision of section 304... | 275,878 |
275,879 | 83,401,027 | the complaint. balbir singh ( pw - 2 ), maternal uncle of the deceased, merely stated that at the time of marriage sufficient dowry was given by the father of the deceased. however, later he heard that the appellant had demanded the motorcycle. in his cross - examination, he admitted that he was living at the distance ... | 275,879 |
275,880 | 83,401,027 | of the deceased about the death of his daughter. however, he was not produced in evidence. 21. in the aforesaid evidence led by the prosecution, none of the witnesses stated about the cruelty or harassment to the deceased by the appellant or any of his family members on account of demand of dowry soon before the death ... | 275,880 |
275,881 | 83,401,027 | ( rajesh bindal ) new delhi april 20, 2023 / / nr, pm / / page 19 of 19 | 275,881 |
275,882 | 76,232,714 | bela m. trivedi, j. 1. the present special leave petition is directed against the judgment and order dated 16. 11. 2021 passed by the high court of judicature for rajasthan bench at jaipur, whereby the division bench has allowed the d. b. special appeal writ no. 637 of 2021 filed by the respondents - union of india ( a... | 275,882 |
275,883 | 76,232,714 | quarter navi mumbai suo motu took the cognizance of the matter revising the order dated 11. 07. 2009 and remitted the matter back for fresh departmental enquiry against the petitioner invoking rule 54 of cisf rules, 2001. the said departmental enquiry culminated into the removal of the petitioner from service on 09. 03... | 275,883 |
275,884 | 76,232,714 | appeal came to be allowed by the division bench vide the impugned order. 1 ( 2016 ) 8 scc 471 45. ms. asifa rashid mir, learned counsel appearing for the petitioner vehemently submitted that the petitioner was involved in a criminal case when he was hardly aged about 19 years and the said case had resulted into a compr... | 275,884 |
275,885 | 76,232,714 | ##ing the need of verification of character and antecedents of the person to be appointed in the government service and after considering the various previous judgments of this 6 court, had summarized the principles in para 38 which reads as under : 38. 5. in a case where the employee has made declaration truthfully of... | 275,885 |
275,886 | 76,232,714 | ##s. dilip kumar mallick4 ; pawan kumar vs. union of india & anr. 5 ; rajasthan rajya vidyut prasaran nigam limited & anr. vs. anil kanwariya6 ; mohammed imran vs. state of maharashtra & others7 ; etc., further laid down following principles : 90. in such circumstances, we undertook some exercise to shortlist the broad... | 275,886 |
275,887 | 76,232,714 | committed an error in interfering with the order passed by the respondents - authorities. the respondents - authorities had after taking into consideration the decision in case of avtar singh terminated the services of the petitioner holding inter - alia that while the petitioner was appointed in cisf, a criminal case ... | 275,887 |
275,888 | 76,232,714 | question of quantum of punishment in disciplinary matters is primarily for the disciplinary authority, and the jurisdiction of the high courts under article 226 of the constitution or of the administrative tribunals is limited and is confined to the applicability of one or the other of the well - known principles known... | 275,888 |
275,889 | 35,474,958 | pankaj mithal, j. 1. all eleven accused persons pursuant to the fir registered as signature not verified crime no. 109 / 1999 dated 11. 09. 1999 were acquitted by the digitally signed by pooja sharma date : 2023. 04. 18 17 : 55 : 22 ist reason : 2. aggrieved by the above conviction, the accused a1 and a3 have preferred... | 275,889 |
275,890 | 35,474,958 | ##ed him on his left shoulder with a sharp knife. he then stabbed him on the left eyelid and the left eyebrow. krishnappa naika also stabbed the right portion of the chest of lingappa naika, who was by the side of umanath naika, with the same knife. laxman naika, who was accompanying krishnappa naika, stabbed his fathe... | 275,890 |
275,891 | 35,474,958 | ##ka including a3 fedrick cutinha. in other words, the attacking party of eight persons was headed by krishnappa naika and included fedrick cutinha. the victim s side had five persons headed by umanath naika and the informant honnappa gowda and others. thus, the two brothers, i. e., krishnappa naika and umanath naika w... | 275,891 |
275,892 | 35,474,958 | deceased. he had only been assigned the role of assaulting and kicking some of the other persons of the victim s side and throwing of chili powder on the face of umanath naika and as such do not warrant the above punishment. 11. the high court accepts most of the observations made by the trial court that the evidence o... | 275,892 |
275,893 | 35,474,958 | high court had not found fault with, we are of the opinion that the appellate court committed an error of law in recording 11 conviction of a1 and a3 merely for the reason that their presence and participation in the crime was proved by the evidence of one of the witnesses. 16. the case of the a3 stands on altogether a... | 275,893 |
275,894 | 35,474,958 | 22. in view of the above facts and circumstances, we are of the opinion that the high court in exercise of its appellate jurisdiction could not have interfered with the acquittal of the accused persons so as to convict a1 and a3. accordingly, the conviction of a1 and a3 is hereby set aside and the judgment and order of... | 275,894 |
275,895 | 23,804,610 | ahsanuddin amanullah, j. signature not verified digitally signed by jagdish kumar date : 2023. 05. 11 16 : 06 : 38 ist heard learned senior counsel / counsel for the reason : parties. 2. leave granted. 3. the present appeal is directed against the judgment and order dated 21. 09. 2022 ( hereinafter referred to as the i... | 275,895 |
275,896 | 23,804,610 | examination was not carried out. in the meantime, the accused filed mcrc no. 43998 of 2022 seeking bail before the high court. 6. during the proceedings, the high court called for the case - diary, but the fsl report was not included therewith. this led the high court to seek the personal appearance of the superintende... | 275,896 |
275,897 | 23,804,610 | any way, was liable to be proceeded against. it was submitted that the departmental committee concerned had also conducted an enquiry where the appellant and some other officials were found negligent in performing their duties in providing the fsl report along with the case - diary besides suppressing material document... | 275,897 |
275,898 | 23,804,610 | the view that the learned single bench could have directed institution of separate proceedings taking recourse to article 226 of the constitution, after formulating reasons and points for consideration. thereafter, the matter should have been referred to the 10 learned chief justice of the high court for placing it bef... | 275,898 |
275,899 | 23,804,610 | such data a part of the order after decision on bail application, was held to be beyond jurisdiction. in the present case, on the date of passing of the impugned judgment, the bail application was still at large, and had not yet been decided one way or the other. 18. there is no quibble with the propositions lucidly en... | 275,899 |
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