Court : Karnataka Dharwad
..... . the petitioners and others like the petitioners are indulging in the illegal trade and that too indiscriminately and this court deems it to be it's duty and to act as a deterrent to such people, who entertain such similar thoughts and actions. 22. it is seen that the petitioners are indulging in destruction of invaluable natural wealth, ..... , the contraband/red sanders wood has been declared as an endangered species and it has been directed to be included in the schedule to the wild life protection act, 1972 and by its detailed order has been pleased to direct the union government to enact law to include red sandalwood as a specified plant within the meaning ..... as per the declaration of the hon'ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act. 6. it is submitted that the hon'ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme court cases 362 has classified and .....
Tag this Judgment!Court : Karnataka Dharwad
..... the petitioners and others like the petitioners are indulging in the illegal trade and that too indiscriminately and this court deems it to be it s duty and to act as a deterrent to such people, who entertain such similar thoughts and actions.22. it is seen that the petitioners are indulging in destruction of invaluable natural wealth, ..... species as per the declaration of the hon ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act.6. it is submitted that the hon ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme - 7 - court cases 362 has ..... petitioners on bail in crime no.07/2015, registered by nippani town p.s., for the offences punishable under sections379 411 of ipc & section86 87 of k.f. act.-. 3 - these petitions having been heard and reserved for orders and coming on for pronouncement of orders this day, the court made the following: order the petitioners in .....
Tag this Judgment!Court : Karnataka Dharwad
..... sections 409 and 420 read with section 120b ipc, sections 21 and 23 read with sections 4(1) and 4(1) (a) of the mines and mineral (development and regulation) act, 1957 and rule 165 read with rule 144 of the karnataka forest rules, 1969. the said decision will not help the petitioner as facts ..... that the learned magistrate has not taken actual note of the alleged offence. learned magistrate has casually stated that there is contravention of section 92 of the act, which is cognizable. but there is no contravention of said section. the factory has got all arrangements such as ambulance and safety measures. learned counsel argued ..... ) and: the state of karnataka at the instance of sri. s.r. ravindra deputy director of factories2bellary division, bellary, (an inspector appointed under section81) of the factories act, 1948) respondent (by smt. girija hiremath, hcgp) ------ this criminal revision petition is filed under section397r/w401cr.p.c., to set aside the entire proceedings initiated by the .....
Tag this Judgment!Court : Karnataka Dharwad
..... extensively.32. the further reliance placed by the learned counsel for the respondent/assessee that in the case of pr. commissioner of income tax (a) vs. deccan mining syndicate (p.) ltd., reported in (2019) 105 taxmann.com 277 (kar), wherein it is held that the term inaccurate particulars is not defined. furnishing of ..... itat substantially considered the version of assessee/respondent. therefore, the revenue/appellate authority has preferred this appeal under the relevant provision of section 260a of the it act by raising substantial questions of law as stated above. 5959. having heard the learned counsel for the parties in this appeal and so also having perused ..... to the imposition of penalty cannot validate the order of penalty which, when passed, was not sustainable.61. the assessing officer is empowered under the act to initiate penalty proceedings once he is satisfied in the course of any proceedings that there is concealment of income or furnishing of inaccurate particulars of total .....
Tag this Judgment!Court : Karnataka Dharwad
..... opportunity. if the detenue utilizes his right in filing such representation, the state government is duty bound to consider the representation and pass the final order. act also contemplates that detaining authority is has a duty to inform the detenue his right of representation. any lapses in this regard on the part of detaining ..... .20. a survey of judicial pronouncements on the point would establish that the detention order must be passed in strict compliance with legal provisions of the act keeping in view that the detention order is issued based on the subjective satisfaction of the detailing authority/ issuing authority and having regard to the limited ..... be the subjective satisfaction. presumably an emergency having been declared by the president the legislature granted such a drastic and unique power enabling the government to act quickly to prevent the person concerned from doing anything detrimental to the said matters. in such a case it must have been presumed by the legislature .....
Tag this Judgment!Court : Karnataka Dharwad
..... in sending the petitioner to child court and not trying him as a juvenile is contrary to section 25 of the juvenile justice (care and protection of children) act, 2015 ( the act for short) and is seeking quashment of entire proceedings, which according to the learned counsel for the petitioner is wholly without jurisdiction. 55. the learned counsel ..... j.c.no.25 of 2016 for offences punishable under sections 376 and 506 of the ipc r/w section 4 of the protection of children from sexual offices act, 2012 ( pocso act for short). 32. heard sri r.h. angadi and smt.pooja r. savadatti, learned counsel appearing for the petitioner and sri v.s.kalasurmath, learned ..... in the intervening period. (emphasis supplied) section 9 deals with the procedure to be followed by the magistrate who has not been empowered to conduct proceedings under the act. where the magistrate is not empowered to exercise the powers of juvenile justice board, if he is of the opinion that the person alleged to have committed the .....
Tag this Judgment!Court : Karnataka Dharwad
..... headquarter assistant-cum additional district magistrate, who has issued sanction as per ex.p112 to initiate proceedings against the accused persons under the provisions of indian arms act. he identified his signature, which is dated 04.07.2002. based upon that a criminal proceedings were initiated against the accused persons. it is suggested to ..... and subsequently, accused no.6 based upon the information flashed by maharashtra police stating that, this accused no.6 was arrested under the provisions of mcoc act and he has given his statement confessing about murdering deceased mla and thereafter, he was brought by karnataka police and based upon that, after fresh investigation ..... against the other accused persons. the records of this case further reveal that, accused no.6 was arrested by maharashtra police, under the provisions of mcoc act. it is the case of the prosecution that, when this accused no.6 was interrogated by maharashtra police, he had given his voluntary statement stating that, .....
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