Judgment Search Results Home > Cases Phrase: clayton s case Court: karnataka Page 87 of about 901 results (0.021 seconds)

Vijayalakshmi and Others Vs. K.R. Ananthakumar and Others

Court : Karnataka

..... the doctrine of feeding the estoppels which was prevalent under the rules would apply in a case where, if a person under title had conveyed the property and subsequently he acquires title, the purchaser from such person gets the benefit ..... the third defendant and they got the memo drafted, which says, if the judgment and decree of the trial court was seta side, the sale deed is set aside, appellants in that case who are plaintiffs and defendants 1 and 2 became the absolute owners. ..... to condone these lapses by adopting a sympathetic approach, it would be a case of misplaced sympathy and thereby courts also will be a party to this. ..... property and by virtue of such authorization, he has executed the sale deed in favour of defendants 6 and 7 and therefore, those sale deeds executed are for valid consideration, with lawful authority and no case for setting aside the same is made out. 31. ..... however, the court in the facts of this case, having held five not of seven properties are already sold, should not have dismissed the ..... on the contrary, the judgment in the case shows, it was a chatramwhich originally belonged to one rama reddy, who was a pious, ..... circumstances, in the facts of this case, we are constrained to impose a cost ..... reasons, he submits no case for interference is made out ..... it is not the case of the plaintiffs that after sale of the said property under ex.d.5, there was no agreement of reconveyance and by virtue of the said agreement, the property was reconveyed in favour of the second .....

Hanumantharayudu Vs. The State Of Thirumani Police Station

Court : Karnataka

..... the opinion of the full bench of the madras ib high court, aforesaid, (1) that it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated, (2) that each case must be determined on its own facts keeping in view tile circumstances in which the dying declaration was made; (3) that it cannot be laid down as a general proposition that a dying declaration is a weaker kind of evidence than other pieces ..... determination19 in view of the rival contentions urged by the learned counsel for the parties, the points that arise for our consideration in the present appeal are:- (1) whether the appellants-accused have made out a case to interfere with the impugned judgment of conviction and order of sentence passed by the learned sessions judge convicting the accused for the offences punishable under section 302 r/w sec. ..... iii finding and punishment imposed9 after appreciating the oral and documentary evidence on record, the trial court has arrived at a conclusion that the prosecution has proved the case beyond reasonable doubt and accordingly convicted the accused persons for the offence punishable under section 302 and sentenced to life imprisonment and also to pay a fine of rs.5,000/- each and in default to undergo further s.i. .....

Sri Shekarappa Vs. State By Thunganagara Police Station

Court : Karnataka

..... ex.p21 post mortem report issued by pw.5 being the doctor who 5 5 conducted autopsy over the dead body of deceased and so also, the mahazars drawn by the pw.12 in presence of the panch witnesses, but the case against accused relating to the offence as alleged does not fit under section 302 of ipc and the same needs to be modified to section 304 part ii of ipc keeping in view the ingredients of the said provision as ..... it is relevant to refer the definition of section 300 of ipc, 1860 relating to murder which reads as under: except in the cases hereinafter excepted, culpable homicide is murder, if the act by which the death is caused is done with the intention of causing death, or secondly, if it is done with the intention of causing such bodily injury as the offender ..... in respect of motive factor, it is not essential for the prosecution to establish motive factor against the accused in all cases, but at the same time it cannot be given to gainsaid that without adequate motive speaking normally, none is expected to take ..... following observations: another golden thread which runs through the web of the administration of justice in criminal cases is that if two views are possible on the evidence adduced in the case one pointing to the guilt of the accused and the other to his innocence, the view which is favourable to the accused should be adopted this principle has a special relevance in cases where in the guilt of the accused is sought to be established by circumstantial evidence.42. .....

Sri Venkatesha Vs. State By S.p.p

Court : Karnataka

..... point of time, but as could be seen from the evidence in totality, it is clear that the five links referred to above are very strong links, which explain the circumstances of the case where these links form part of chain and the defence is not able to break any one of the links and therefore, we have no hesitation to hold that the links proved by the ..... and pw-4/siddagangamma, the parents of the deceased that the deceased did wear ornaments, such as, gold gundu, ear-drops and rold-gold chain, which are marked as m.os.9 to 11 in this case and it is they, who identified that these are the articles belonging to the deceased and these are the ornaments which crl.a.142/2018 63 were said to have been in possession of the accused ..... judgment this appeal is directed against the judgment of conviction dated 08.11.2017 rendered by the vii additional district and sessions judge, bangalore rural district, bangalore, in sessions case no.333/2011, convicting the appellant / accused for the offences punishable under sections 376 and 302 of indian penal code, 1860 ('ipc' for brevity) and further ..... probandum, (2) the burden of proof is always on the party who asserts the existence of any fact, which infers legal accountability, (3) in all cases, whether of direct or circumstantial evidence the best evidence must be adduced which the nature of the case admits, (4) in order to justify the inference of guilt, the inculpatory facts must be incompatible with the innocence of the accused and incapable of .....

The Oriental Insurance Company Vs. Mohammed Sab Ali Sab Kaladagi and o ...

Court : Karnataka

Reported in : 2000ACJ1223; ILR1999KAR2100

..... we, thus are of the view that in accord with the skandia's case (air 1987 sc 1184), the aforesaid exclusion term of the insurance policy must be read down so as to serve the- main purpose of the policy that is indemnify the damage caused to the vehicle, which we hereby do'9. ..... hence in view of the impending danger that is likely to arise in the case of claimants, the beneficial interpretation has to come to the rescue of the claimants. ..... this case is subsequently followed in the case of b.v. ..... in the case of skandia insurance company ltd v. ..... in the case on hand the claimants shall become the victims in the event the insurance company is exonerated. ..... the wordings used as 'or' assumes much importance in this case. ..... it is pertinent to note that the alleged accident took place in this case on 13.10.92. .....

Bpl Limited, Represented by Its. Vs. Mr. M. Shashikumar and ors

Court : Karnataka

..... to second party (a) and they are ready to accept the employment with second party (b) with continuity of service but not as a fresh employment.relying on this finding, the learned senior counsel submitted that, the case does not fall within the ambit of proviso to section 25-ff of the act, as it is clearly accepted and understood by the workmen that, their appointment by the sanyo bpl is, as a fresh employment and ..... into the circumstances, if 459 employees have already been given employment and the only mistake these respondents have committed in this case is that, they sought for continuous service, i feel that, the sanyo bpl could consider the case of these respondents, who also fall on par, with the other employees, who have already joined as fresh employees and ..... on the provisions of section 25-ff of the act, learned senior counsel submitted that, all that the workman is entitled from the transferor company is the compensation under section 25-ff and in case, if the employee is continued by the new company along with the transfer, such employee would be entitled for compensation in terms of clause (c) of the proviso, as if such employee ..... workmen; rather than provide for the measure of compensation over again, section 25-ff makes a reference to section 25f for that limited purpose, and, therefore, in all cases to which section 25-ff applies, the only claim which the employees of the transferred concern can legitimately make is a claim for compensation against their employers. .....

State of Karnataka Vs. Venkataramaiah (A.2) and Others

Court : Karnataka

..... view of the same, as aforementioned, we are of the clear view that the origin and genesis of the case of the prosecution is shrouded with mystery and is deliberately suppressed by the police. 13. ..... having regard to the totality of the facts and circumstances of the case, in our considered opinion, the accused no.1 has not exceeded in exercising his right of private ..... it is relevant to note that pws.6 and 8 have fully supported the case of the defence version not only in the cross-examination, but also in examination-in- chief ..... the doctor further admits that it was a medico legal case and that she had intimated about the injuries sustained by the injured to thyamagondlu police after examining ..... 26 - shankarachar is the sub-inspector of police; he registered the case in crime no.37/2003 based on the complaint lodged by pw1 in govt. ..... the prosecution has not only suppressed the original genesis of the case, but also suppressed the scene of offence. ..... 2 to section 300 of ipc provides for the case of a person who exceeds right of private defence. ..... he would have suo-moto registered the case also, but such procedure is not adopted. ..... sessions judge, bangalore rural district, bangalore in sessions case nos.41/2004 and 3/2006, dated: 11.09.2008. ..... as held by the apex court in the case of jaidev {1963(1) crl.lj 495(sc)} in lidia there is no rule which expects a man first to ran away or atleast try to do so before he can exercise his right of private defence; rather he has every right to stand his own .....

Bapugouda and Others Vs. The State Through P.S. Kembhavi

Court : Karnataka Kalaburagi

..... indicates that there was no such incident and only for the purpose of a counter case this case has been registered against the accused persons. ..... the prosecution case there are case and counter case and the presence of the accused is also going to be proved by virtue of case and counter case. ..... the said ratio has been laid down in the case of abdul majid sab v/s state of karnataka reported in ilr 2010 ..... the deputy superintendent of police, who further investigated the case and filed the charge sheet against the accused. 20. ..... has sustained simple injuries and the complainant has not been abused by taking the name of his caste, as he is a municipal councilor with political motivation a false case has been registered against the accused persons. ..... course of discussion, the learned sessions judge by keeping into consideration the fact that a case and a counter case have to be heard by the same judge and as principle laid down in the said case he has conducted the case. ..... further admitted that accused no.1 has also lodged a case against him for dacioty. ..... basis of the complaint, a case was registered in crime no.100/2008 ..... the psi, after coming to know about galata he went to the spot and brought the complainant and the other persons to the police station and after receiving the complainant registered the case and issued fir. ..... in order to prove its case, the prosecution examined in all thirteen witnesses as p.ws.1 to 13 and also got marked nine documents as per exs.p-1 to 9 and also got marked m.os 1 .....

Raja Ramappa Nayak and Others Vs. The State Through P.S. Kembhavi

Court : Karnataka Kalaburagi

..... p.s.i who came to the spot and pacified the quarrel and after recording the statement, rgistered the case and after investigation filed the charge sheet against the accused persons. ..... prosecution case there are case and counter case and the presence of the accused is also going to be proved by virtue of case and counter case. ..... the said ratio has been laid down in the case of abdul majid sab v/s state of karnataka reported in ilr ..... another crowning factor which supports the case of the prosecution is that p.w.s 6 and 7 were the police constable who have been deputed for the purpose of bandubast duty and they have categorically deposed that the accused persons came ..... complaint was came to be filed and on the basis of the complaint, a case was registered in crime no.101/2008. ..... of discussion, the learned session judge taking into consideration the fact that, a case and a counter case have to be heard by the same judge he has conducted the case. ..... contend that the evidence on record clearly goes to show that there is a civil dispute between the complainant and the accused persons only in order to bring pressure in the civil suit, a false case has been registered. ..... in order to prove its case, the prosecution examined in all eight witnesses as p.ws.1 to 8 and also got marked three documents as per exs ..... the genesis of the case of the prosecution is that on 6.7.2008 the complainant was removing waste things in her land bearing sy.nos.63 and 102 at kudalagi village, at that time, at about 5.00 .....

Iqbal Ahmed Vs. C B I Scb

Court : Karnataka

..... has been able to establish and prove the bias and/or unfair investigation by the informant-cum- investigator and the case of the prosecution is merely based upon the deposition of the informant-cum-investigator, meaning thereby prosecution does not rely upon other witnesses, more particularly the independent witnesses, in that case, where the complainant himself had conducted the investigation, such aspect of the matter can certainly be given due ..... in this context, i find it useful to refer to the judgment of the andhra pradesh high court in the case of m.srinivasulu reddy vs state inspector of police, anti corruption bureau [1993 crl.lj558 where it is held that, when the government accords sanction, section 114(e) of the evidence act raises a presumption that the official ..... is to put a circumstance against the accused so that he may meet out the prosecution case and explain the circumstances brought out by the prosecution to implicate him in the commission of the ..... , as rightly observed by this court in the case of bhaskar ramappa madar (supra), the matter has to be decided on a case to case basis without any universal generalisation .33. ..... in support of his argument, he placed reliance on the judgment of the supreme court in the case of narbada devi gupta vs birendra kumar jaiswal and another [air2004sc175. ..... section 106 of the evidence act is designed to meet certain exceptional cases, in which, it would be impossible for the prosecution to establish certain facts which are .....