Court : Karnataka Kalaburagi
..... to lodge fir to the jurisdictional police for registration of a case relating to a cognizable offence punishable under the relevant provisions of the prevention of corruption act. therefore the report so submitted by the district judge on the oral instructions of the registrar- vigilance, high court of karnataka, to the superintendent of ..... malpractice or misdemeanor on the part of a government servant of judicial officer; or (iii) any complaint against a government servant or judicial officer relating to any act or omission or administrative procedure or practice on the ground that it is unreasonable, unjust, oppressive or improperly discriminatory; (c) initiating from time to time ..... to the chief justice for order. (a) undertaking an enquiry into any transaction in which a government servant of judicial officer is suspected or alleged to have acted for an improper purpose or in corrupt manner; (b) causing an enquiry or an investigation to be made into (i) any complaint that a government .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . incidentally, the investigating officer is said to have suspected the involvement of one meghanath, a head constable working at saidapura police station to have masterminded the acts of accused nos.1 to 4 and he was arraigned as accused no.5 in the very case. thereafter, the investigating officer having been transferred, investigation was ..... had been subjected to intense cross-examination attacking his bona fides particularly, about suspension from his job and of facing criminal action under the prevention of corruption act, 1988 and he was accused of implicating accused no.5 with ulterior motives of false allegations, but according to the court below, he had withstood the ..... received the benefit of life imprisonment or if the offence is only constructive, being under s. 302 read with s. 149, or again the accused has acted suddenly under another s instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... either to invoke the provisions of section 125 of code of criminal procedure or to invoke the provisions of the maintenance and welfare of parents and senior citizens act, 2007 against their sons for the appropriate relief. 32. in view of the above, the revision petition is dismissed with costs of rs.20,000/- (rupees ..... , the procedure is both time consuming as well as expensive. therefore the legislature thought it fit to enact the maintenance and welfare of parents and senior citizens act, 2007 to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the constitution. in view of the ..... hon ble supreme court in the case of nanak chand v. chandra kishore reported in air 1970 sc 446 held that there is no inconsistency between the maintenance act and section 488, criminal procedure code. while dealing with this aspect of the matter under the old code of criminal procedure, the supreme court observed as under: the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the decision in cherukuri mani. further, the provision of law under consideration in the aforesaid cases namely, section 3 of the andhra pradesh act, the tamil nadu act and the karnataka act, are in pari materia.47. then, the question to be considered is whether this court is bound by the later decision of the ..... mag/goondaact/ 89/2015-16, dated0201/2016 under section3of karnataka prevention of dangerous activities of bootleggers drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers act, 1985 (karnataka act no.12/1985) and etc., this w.p.(h.c.) being reserved on2009/2016 and coming on for pronouncement of order this day, nagarathna, j., ..... , while considering the validity of the - 43 - detention order made under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 this court rejected similar submission made on behalf of the detenu that order of detention was vitiated as the government had failed to mention the period of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... . incidentally, the investigating officer is said to have suspected the involvement of one meghanath, a head constable working at saidapura police station to have masterminded the acts of accused nos.1 to 4 and he was arraigned as accused no.5 in the very case. thereafter, the investigating officer having been transferred, investigation was ..... had been subjected to intense cross-examination attacking his bona fides particularly, about suspension from his job and of facing criminal action under the prevention of corruption act, 1988 and he was accused of implicating accused no.5 with ulterior motives of false allegations, but according to the court below, he had withstood the ..... the benefit of 37 life imprisonment or if the offence is only constructive, being under s. 302 read with s. 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where a just cause or real suspicion of wifely infidelity .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... trash the evidence of the police officers merely because they are police officers. in this regard, he would draw attention to offences particularly, under the narcotic drugs and psychotropic substances act, 1985, where the sole evidence would be that of police officers and the courts have repeatedly held that such evidence could not be negated in bringing home the charges against ..... scene, completely hid them from the sight of the accused, it is unclear as to how all three of them had a clear view of the sequence, in which the act was committed. it is unimaginable that such injuries can be caused in slow motion and over a period of time. in the opinion of this bench, the 56 attack would .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... rs 1800 p.m. therefore, at the relevant time, the managing director was incompetent to dismiss the respondent. accordingly, the high court held [sunil v. maharashtra state mining corpn., 2005 scc online bom 758 : (2006) 1 mah lj495 the order of dismissal to be invalid. the high court further held that the said defect could not ..... in alleging that they had submitted bogus and false testimonials to secure employment and the institution of a criminal case in crime no.110/2013 for such acts. the learned counsel submitted that they have neither challenged the allegations made with regard to submission of false and bogus documents nor the institution of the criminal ..... been expressed in several cases in other jurisdictions. thus in hartman v. hornsby [142 mo 368, 44 sw242 244]. it was said: ratification is the approval by act, word, or conduct, of that which was attempted (of accomplishment), but which was improperly or unauthorisedly performed in the first instance.10. in the present case, the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... court either believes that it does not exist, or considers its existence so probable that prudent man ought, under the circumstances of the particular case, to act upon the supposition that it does not exist. in the instant case, several witnesses have been subjected to examination and those witnesses did not withstand the version ..... than the multiplicity or plurality of witnesses. it is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the evidence act, 1872. this has been extensively addressed by the hon'ble supreme court of india in the case of laxmibai (dead) through lrs & another vs bhagwantbuva (dead) ..... through lrs & others, reported in air2013sc1204 28 22. it is necessary to refer to section 32 of the indian evidence act, 1872 in respect of dying declaration when more than one dying declaration is produced. in the case of two conflicting dying declarations, one recorded by a doctor in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... trash the evidence of the police officers merely because they are police officers. in this regard, he would draw attention to offences particularly, under the narcotic drugs and psychotropic substances act, 1985, where the sole evidence would be that of police officers and the courts have repeatedly held that such evidence could not be negated in bringing home the charges against ..... scene, completely hid them from the sight of the accused, it is unclear as to how all three of them had a clear view of the sequence, in which the act was committed. it is unimaginable that such injuries can be caused in slow motion and over a period of time. in the opinion of this bench, the attack would have .....
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