Court : Karnataka Dharwad
..... split-up against accused no.1, as he had absconded during the pendency of the case before the court below. the presence of the said accused having been secured after the trial and conviction of accused no.2 to 4 in case no.sc3782011, a fresh trial was conducted in so far as the appellant was concerned. ..... it is not true that my son and i were also involved in keeping the police in confinement. sadashiv dange suspected us of having informed the police about his acts. after the said incident, a police van was regularly stationed at itnal village. we were released on bail. we are shepherds (kurubas) by caste. the majority of ..... furtherance of their common intention the accused channappa mutnal contravened the conditions of licence of revolver and thereby committed an offence punishable under section 30 of the indian arms act?. the above were answered in the affirmative and the accused were convicted and sentenced to life imprisonment and fine for the offence punishable under section 302, apart .....
Tag this Judgment!Court : Karnataka Dharwad
..... at a finding of guilt, on the basis of the above evidence, which cannot be faulted. in the second trial, after the presence of accused no. 1 was secured, apart from the evidence of the complainant, examined as pw-1, one hussain paschapur who was examined as pw-2 at both the trials, and who had flatly ..... furtherance of their common intention the accused channappa mutnal contravened the conditions of licence of revolver and thereby committed an offence punishable under section 30 of the indian arms act? ? the above were answered in the affirmative and the accused were convicted and sentenced to life imprisonment and fine for the offence punishable under section 302, apart ..... accused for offences punishable under sections 302 and 201 of the indian penal code, 1860 (hereinafter referred to as the ipcfor brevity) and section 30 of the arms act, 1959. the accused are said to have pleaded not guilty and claimed to be tried. the prosecution had then examined 36 witnesses and had got marked several .....
Tag this Judgment!Court : Karnataka Dharwad
..... state and if anything is lacking in this regard, it is achieved by the provisions of section 5 of the act reading as under: 5. establishment and incorporation:- for the purposes of securing the establishment of industrial areas in the state of karnataka and generally for promoting the rapid and orderly establishment and development ..... to be changed with the changing circumstances. the law and levy of income-tax are directly related to economic factors and are conditioned by social and political forces, by industrial and commercial considerations. the interpretation of such law must necessarily be inspired by the principle of growth. such a law cannot standstill. it ..... order is that as the proposed project comes under schedule-i of the notification issued by the central government under the provisions of the environment [protection] act, 1986 and rules and regulations, the company is required to obtain not only the approval of the state government for the project, but also elicit necessary .....
Tag this Judgment!Court : Karnataka Dharwad
..... evidence of pw-1, her evidence though contain some discrepancy, omissions and contradictions but on overall analysis it stand to the test of credibility. hence, her evidence can be safely acted upon as rightly done by the trial court. 26. now, coming to the evidence of pw-4, who is the child witness. the learned counsel for the accused strenuously ..... cannot be easily brushed aside. 39. pw-9 - dr. satish, who examined the accused and gave the certificate - ex.p10 shows that the accused was capable of performing sexual act. this doctor appears to be not so experienced because he admits that he sent the clothes of the accused in a casual manner without seizing and sealing the same in ..... clothes of the accused and the pubic hair in a sealed cover. there is serious lapse on the part of the investigating officer and also this pw-9 who have acted in a very casual manner. 42. the investigating officer - pw-15 dr. k.v. jagadish has accepted this particular aspect. but the lapse on the part of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... to exercise power under section 482 of cr.pc., to quash the proceedings which are illegal, in order to prevent the abuse of process of the court and to secure the ends of justice.61. before recording the conclusion, it is just and necessary to note here that if the provision u/s.2(d) coupled with the explanation ..... fact is a thought provoking ruling, which indicates that the court has to apply its mind to ascertain the purpose and object of the special act or any other law for the time being in force, which empower the police officer to arrest a person without warrant, if such power is given only for a limited purpose to meet certain ..... courts to zealously safe guard the interest of 47 the citizens of the country protecting their rights guaranteed under the constitution and other enacted laws for the time being in force.5. at the outset, the factual matrix of these cases are relevant before enumerating and answering the legal questions raised by the learned counsels for the petitioners and .....
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..... state with a view to fostering the harmonious development of the mental and physical facilities of students and cultivating a scientific and secular outlook through education and the said act came into force from 1-6-1995 as per government notification no ed2mes95dated 30- 05-1995 with a saving clause enshrined in section 146 (3) by virtue of which the ..... is to bear rather than reject it as a nullity. 29. a statute is designed to be workable and the exercise undertaken by a court should be to secure that object unless crucial omission or clear direction makes that ultimate end unattainable. if on one construction a given statute would become ultra vires the powers of the ..... the plea of lack of resources. it is for the authorities running the administration to ensuring cannot shirk of :335. : find out the ways and means of securing funds for the purpose. we do not deem it necessary to consider this question in further detail. the contention raised by the appellants in this regard is rejected. .....
Tag this Judgment!Court : Karnataka Dharwad
..... is another directive principle, provides, inter alia, that the state shall, within the limits of the economic capacity and development, make an effective provision for securing the right to work in cases of unemployment. the principles contained in article 39a and article 41 of the constitution of india must be regarded as equally ..... to be at -213 points. the high court, therefore, was right in increasing the compensation for the fruit bearing trees by 60%. we find no force in the contention. it is settled law that the collector or the court who determines the compensation for the land as well as fruit bearing trees cannot ..... ramapur and kambarganavi villages and the respondent corporation situated at kaiga narendra transmission line and erected the tower transmission line by issuing notices under the indian telegraph act, 1885. they also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in their lands .....
Tag this Judgment!Court : Karnataka Dharwad
..... is another directive principle, provides, inter alia, that the state shall, within the limits of the economic capacity and development, make an effective provision for securing the right to work in cases of unemployment. the principles contained in article 39a and article 41 of the constitution of india must be regarded as equally fundamental ..... to be at -213 points. the high court, therefore, was right in increasing the compensation for the fruit bearing trees by 60%. we find no force in the contention. it is settled law that the collector or the court who determines the compensation for the land as well as fruit bearing trees cannot ..... and kambarganavi villages and the respondent corporation situated at kaiga narendra transmission line and erected the tower transmission line by issuing notices under the indian telegraph act, 1885. they also enquired about the consent of the petitioners and the petitioners have given the consent for erecting the tower transmission line in their lands, .....
Tag this Judgment!Court : Karnataka Dharwad
..... delay the project, jettison finely worked financial arrangements and escalate costs. hence the petitioner asking for interim orders, in appropriate cases should be asked to provide security for any increase in cost as a result of such delay, or any damages suffered by the opposite party in consequence of an interim order. otherwise ..... have been acquired under the impugned notifications are entitled to the compensation on par with the compensation awarded for the land users under the new land acquisition act, 2013 and acquisition being made in the larger interest of the farmers including the petitioners. therefore, the petitioners cannot challenge the said notifications which are ..... , there is no delay as alleged by the petitioners. 6. the respondents/state further contended that the notice issued under section 4(1) of the act was issued to the petitioners after following due procedure and in fact they have filed objections to the same. however, the acquiring authority invoking the emergency .....
Tag this Judgment!Court : Karnataka Dharwad
..... delay the project, jettison finely worked financial arrangements and escalate costs. hence the petitioner asking for interim orders, in appropriate cases should be asked to provide security for 112 any increase in cost as a result of such delay, or any damages suffered by the opposite party in consequence of an interim order. ..... have been acquired under the impugned notifications are entitled to the compensation on par with the compensation awarded for the land users under the new land acquisition act, 2013 and acquisition being made in the larger interest of the farmers including the petitioners. therefore, the petitioners cannot challenge the said notifications which are ..... there is no delay as alleged by the petitioners. 34 6. the respondents/state further contended that the notice issued under section 4(1) of the act was issued to the petitioners after following due procedure and in fact they have filed objections to the same. however, the acquiring authority invoking the emergency .....
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