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Karnataka Court February 1999 Judgments

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Feb 01 1999

State of Karnataka and Another

Court: Karnataka

Decided on: Feb-01-1999

Reported in: 1999(5)KarLJ637

ORDER1. This petition is posted before me on the objections raised by the office that the caveat filed by the State Government cannot be registered asthe name of the respondent has not been shown and also the requirements of sub-section (2) of Section 148-A of the Code of Civil Procedure (hereinafter referred to as 'the Code') has not been complied.2. Sri D'Sa, learned Government Advocate submitted that the requirement of sub-section (2) of Section 148-A of the Code is to be complied with, wherever it is possible to identify the person, who is likely to institute a proceedings against a person; and who is likely to make an application in such proceedings; and whenever it is not possible to identify such a person, the requirement of sub-section (2) of Section 148-A of the Code can be dispensed with as it is impossible of compliance. He pointed out that the object of Section 148-A of the Code is to give any person who claims right to appear before the Court in respect of the proceedings ...


Feb 01 1999

State of Karnataka Vs. Balappa and anr.

Court: Karnataka

Decided on: Feb-01-1999

Reported in: 1999(2)ALT(Cri)39; 1999CriLJ3064

Kumar Rajaratnam, J. 1. The State being aggrieved by an order of acquittal recorded by the trial Court in S.C. No. 25/1990 in acquitting A-1 and A-2 for offences punishable under Sections 498-A and 304-B read with 34, IPC has presented this criminal appeal.2. The case of the prosecution was that deceased Amarawwa got married to A-2 Shivanand on 10-5-1987. The marriage took place in the house of A-1 Balappa. Deceased Amarawwa was sent to the house of A-2 after the marriage ceremony. A-1 is the father of A-2. A-1 the father and A-2 the husband of the deceased were living together.3. Prior to the marriage there was an engagement agreement dated 28-4-1986. This engagement agreement was referred to as per custom as a settlement deed. The settlement deed is marked as Ex. P-1. According to the settlement deed, it was agreed that a sum of Rs. 2000/-, one tola gold and one wrist watch was given to the husband-A-2. A-1 the father was to give two sarees, one gold borimala sara and one pair of gol...


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