Court : Karnataka
..... no.1 by its letter dated 09.09.2019 in terms of 66(2) of the pmla act, 2002 for appropriate action. the ed then secured an opinion from advocate general, who opined that sanction as contemplated under section 17a of pc act would arise only when a recommendation or decision taken by such public servant in discharge of his ..... -section (1y) is of the opinion, on the basis of information or material in his possession, that the provisions of any other law for the time being in force are contravened, then the director or such other authority shall share the information with the concerned agency for necessary action.].66. annexure-n relates to the proceedings in wa ..... area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state .75. entry 2 of list 2 of the state list states thus: police (including railway and village police .....
Tag this Judgment!Court : Karnataka
..... no.1 by its letter dated 09.09.2019 in terms of 66(2) of the pmla act, 2002 for appropriate action. the ed then secured an opinion from advocate general, who opined that sanction as contemplated under section 17a of pc act would arise only when a recommendation or decision taken by such public servant in discharge of his ..... -section (1y) is of the opinion, on the basis of information or material in his possession, that the provisions of any other law for the time being in force are contravened, then the director or such other authority shall share the information with the concerned agency for necessary action.].66. annexure-n relates to the proceedings in wa ..... area outside that state without the consent of the government of the state in which such area is situated; extension of the powers and jurisdiction of members of a police force belonging to any state to railway areas outside that state .75. entry 2 of list 2 of the state list states thus: police (including railway and village police .....
Tag this Judgment!Court : Karnataka
..... may be exercised, namely (i) to give effect to an order under the code, (ii) to prevent abuse of the process of court, and (iii) to otherwise secure the ends of justice.21. the investigation of an offence is the field exclusively reserved for the police officers, whose powers in that field are unfettered, so long as the ..... consideration the pragmatic realities and consider making necessary changes in sections 85 27 and 86 respectively of the bharatiya nyaya sanhita, 2023, before both the new provisions come into force.41. in the result, the appeal succeeds and is hereby allowed. the impugned judgment and order passed by the high court is hereby set aside. (emphasis supplied) ..... in crime no.112 of 2018 registered for offences punishable under sections 498a, 420 read with 34 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961 ( the act for short). 32. the facts, in brief, germane are as follows: the 2nd respondent is the complainant, wife of the petitioner. the two get married .....
Tag this Judgment!Court : Karnataka
..... bench decision in u.m.ramesh rao vs. union bank of india10 in the light of section 31(i) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002. this ruling was rendered in 10 2021 scc online kar 6203 - 32 - w.a. no.4312 of 2017 the context of the exemption that would avail to ..... from the apex court decision in state bank s staff union madras vs union of india, air2005sc3446 wherein it is observed: whenever any amendment is brought in force retrospectively or any provision of the act is deleted retrospectively, in this process rights of some are bound to be effective one way or the other... the right of the state to have ..... a uniform policy of agrarian reforms in the state. primarily, the statute enacts the principle tiller be the owner . it came into force on 2.10.1965. extensive amendment vide act 1 of 1974 w.e.f. 01.03.1974 ushered in a sea change. in principle, it provides for the conferment of ownership of land on tenants, ceiling on .....
Tag this Judgment!Court : Karnataka
..... of the pws.2 and 3 shadow and official witness is highly doubtful. there is no mention in the other records that, how these two witnesses are secured. no doubt, they are government officials. but, their evidence is full of contradictions and omissions. this piece of contrary evidence creates doubt and suspicion with regard ..... senior counsel for the appellant-sri c.h.jadhav, in addition to narrating the facts of the case, and by going through the evidence, with all force submits that, though the prosecution has examined seven witnesses but, the very ingredients of the offence so alleged against the accused are not proved. there was ..... entire trap proceeding was bristled with the suspicious circumstances and doubts, as the prosecution, before raising the presumption under section 20 of the prevention of corruption act, 1988, has miserably failed to establish the foundational facts regarding guilt of the accused by cogent evidence. whereas, the appellant-accused has rebutted such presumption by .....
Tag this Judgment!Court : Karnataka
..... subtleties invented to evade law. it is trite that fraud and justice never dwell together (fraus et jus nunquam cohabitant). fraud is an act of deliberate deception with a design to secure something, which is otherwise not due. fraud and deception are synonymous. fraud is anathema to all equitable principles and any affair tainted ..... does not debar her to lodge a criminal complaint for criminal breach of trust. we must state that was the situation before the 2005 act came into force. in the 2005 act, the definition of aggrieved person clearly postulates about the status of any woman who has been subjected to domestic violence as defined under ..... cause bodily pain, harm, or danger to life, limb, or health or impair the health or development of the aggrieved person and includes assault, criminal intimidation and criminal force; (ii) sexual abuse includes any conduct of a sexual nature that abuses, humiliates, degrades or otherwise violates the dignity of woman; (iii) verbal and emotional abuse .....
Tag this Judgment!Court : Karnataka
..... to compliance; to constrain.-. 103 - nc:2024. khc:13114-db rfa no.200 of 2013 100. as per black s law dictionary coercion means, compulsion by physical force or threat of physical force; an act such as signing a will is not legally valid if done under coercion; conduct that constitutes the improper use of economic power to compel another to submit to ..... had uttered no threats to induce mot him to do so. although b might have thought that he was entering into a satisfactory business arrangements with a in order to secure a's resignation from landmark, he must have realised the great financial 30 1975 (2) al.er.465 - 104 - nc:2024. khc:13114-db rfa no.200 of ..... document pending registration.20. it is contended by defendant no.2 that on 15.07.2006, the sub-inspector of tilaknagar police station visited the sub-registrar, anekal and secured the said document on the ground of investigation in crime no.174/2006 registered for the offence punishable under section 364, 342, 506 r/w 34 of ipc. to .....
Tag this Judgment!Court : Karnataka
..... principle of criminal jurisprudence that every person shall be presumed to be innocent unless he is proved guilty by a competent court of law. secondly, the accused having secured his acquittal, the presumption of his innocence is further reinforced, reaffirmed and strengthened by the trial court. (5) if two reasonable conclusions are possible on the basis ..... commissioner wherein the commissioner of police referred them to the jurisdictional police station. accordingly, she took pw-1 to women police station at mysuru. the women police secured presence of parents of pw-1 and pw-2 told them that he lodged a missing complaint at v.v.puram police station. thereafter, the sho of women ..... .10.2015 accused sexually assaulted her against her wish. due to the same, pw-11 must have observed that pw-1 was habituated to sexual acts. according to pw-1, accused had forceful sexual intercourse with her, on all the above said ten days, in view of the said reasons, her hymen might be not intact. pw- .....
Tag this Judgment!Court : Karnataka
..... . it is important to note that when the investigating officer did not found any material with regard to kidnap and seizure of cheques, there is a force in the contention of the counsel for the petitioner that a false allegation is made against him stating that 21 cheques were collected. the counsel for the ..... 18 other, and thereby dishonestly induces the person so put in fear to deliver to any person any property or valuable security, or anything signed or sealed which may be converted into a valuable security, commits extortion .384. punishment for extortion. whoever commits extortion shall be punished with imprisonment of either description for a term ..... complaint is nothing but the defence to escape from the liability and the penal consequences in respect of an offence punishable under section 138 of n.i. act. the police also mechanically filed the charge sheet without making proper investigation. the counsel also would vehemently contend that to attract the penal provision under section .....
Tag this Judgment!Court : Karnataka
..... the tribunal seeking return of passport on the score that there is urgent necessity of the old passport as its validity had expired and a fresh passport had to be secured from the hands of the passport authority. that having not been considered, the petitioner is before this court seeking a direction as observed hereinabove.4. heard sri k.n. ..... of the passport or travel document has - 13 - nc:2023. khc:44173 wp no.26333 of 2023 been issued by a court under any law for the time being in force or if an order prohibiting the departure from india of the holder of the passport or other travel document has been made by any such court and the passport authority ..... court or criminal court to retain or impound a passport. the issue in the case at hand is, such an act being done by the tribunal which undoubtedly has only the power of following the procedure of a civil court in securing ends of justice. the civil court or the criminal court itself do not have the power to impound the passport .....
Tag this Judgment!