Daya @ Dayananda vs State Of Karnataka on 16 January, 2021
Bench: B.Veerappa , M.Nagaprasanna
witness
has stated that Society has formed fifty sites, the trial Court
arrived at a conclusion that there cannot be any additional site,
much less ... Society's suit with site
No.51/A.
Simultaneously, the trial Court also observed that since
Smt.Meera Chengappa, the plaintiff
which the
departmental proceedings may or may not be
stayed pending trial in criminal case against the
delinquent officer. Each case requires to be
considered ... circumstances. There would be no bar to proceed
simultaneously with departmental enquiry and
trial of a criminal case unless the charge in the
criminal trial
should commence
and after completing the trial, same judicial officer is required
to dispose of both cases simultaneously by two separate
judgments. The learned counsel ... held that,
in case and counter case where trial is conducted by the same
Court, the trial Judge may choose to acquit the accused
accused and as a result suddenly the
incident has occurred. Hence, the Trial Court has rightly
came to a conclusion that incident took place ... this Court.
20. Further, the Trial Court has also observed that
accused Nos.1 and 3 simultaneously attacked the
deceased-Pashamiya. The evidence
prosecution should be conducted by
two different Public Prosecutors. The trial should
be conducted by the same court. After recording the
evidence and after hearing ... pronounced by the same Judge simultaneously i.e., one
after the other.
In deciding each case, the Trial Judge can only rely
on the evidence
Crime No.81/2017. It is for the trial
Court to try both these cases simultaneously and to
find ... good
defence that may be available to the accused before
the Trial Court. Therefore, I am of the opinion that no
grounds are made
respondent-
husband filed petition under Section 13 (1) of the Act.
The trial court placed the appellant-wife exparte and
proceeded to pass the judgment ... notice through the
Court or simultaneously through Court as well as by
RPAD. The procedure followed by the trial court to
place the appellant - wife
Court for conducting the trial but the trial Court was not able to
proceed with the conducting of the trial due to non-appointment ... witness, the trial is still pending. It goes to show
that the opinion of the trial Court holding that trial would be
delayed is correct
such
provisions will melt down where there is no
likelihood of trial being completed within a
reasonable time and the period of
incarceration already undergone ... denial of bail or for wholesale breach of
constitutional right to speedy trial.
18. Adverting to the case at hand, we
are conscious