Court : Karnataka
..... , 1973 praying to quash the complaint dated1404.2022 filed by the r-2 for the offenses punishable under section143o the indian panel code1860and section103of the karnataka police act, 1963 pending on the file of the8h addl. cmm court, nrupatunga road, bangalore city, transferred in the42d addl (spl court trial cases filed against sitting ..... that is no ground for arraying her as a respondent in the personal capacity. that cannot go with impunity. costs need to be levied for this unjustifiable act of petitioners.3. as to subject offences being non-cognizable and competence of the police to investigate: a) the police after investigation have filed the charge ..... sheet/final report before the jurisdictional magistrate, invoking the provisions of section 143 of ipc and section 103 of kp act. the former prescribes a punishment of imprisonment for a term which may extend to six months or fine or with both. this offence figures in schedule i .....
Tag this Judgment!Court : Karnataka
..... , 1973 praying to quash the complaint dated1404.2022 filed by the r-2 for the offenses punishable under section143o the indian panel code1860and section103of the karnataka police act, 1963 pending on the file of the8h addl. cmm court, nrupatunga road, bangalore city, transferred in the42d addl (spl court trial cases filed against sitting ..... that is no ground for arraying her as a respondent in the personal capacity. that cannot go with impunity. costs need to be levied for this unjustifiable act of petitioners.3. as to subject offences being non-cognizable and competence of the police to investigate: a) the police after investigation have filed the charge ..... sheet/final report before the jurisdictional magistrate, invoking the provisions of section 143 of ipc and section 103 of kp act. the former prescribes a punishment of imprisonment for a term which may extend to six months or fine or with both. this offence figures in schedule i .....
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
..... argued by the learned counsel on behalf of the appellants is that his clients, being victims of forgery, ought not to be rendered remediless in respect of the acts of forgery which are committed before they are used as evidence in a court proceeding, and that therefore, a private complaint would be maintainable in the fact circumstance ..... be discarded. . . .25. an enlarged interpretation to section 195(1)(b)(ii), whereby the bar created by the said provision would also operate where after commission of an act of forgery the document is subsequently produced in court, is capable of great misuse. as pointed out in sachida nand singh [(1998) 2 scc493 1998 scc (cri) 660]. ..... welfare association of india is a fake body created by the accused herein. as per the oral information given by the press club, bangalore no such organization is acting under the press club. moreover the letter dated 28.11.2014 is also fictitious letter created by the accused herein only to suit her false claim. hence, the .....
Tag this Judgment!Court : Karnataka
..... what is the remedy available to a shareholder in the event of the shareholder alleging fraud requiring the initiation of proceedings under section 447 of the companies act, 2013?.4. does the order passed by the learned magistrate in the present matter suffer from legal infirmity requiring interference?.5. what order?.11. i ..... on completion of the investigation, the serious fraud investigation office shall submit the investigation report to the central government. (13) notwithstanding anything contained in this act or in any other law for the time being in force, a copy of the investigation report may be obtained by any person concerned by making an ..... been initiated, it shall not be proceeded further with and the concerned agency shall transfer the relevant documents and records in respect of such offences under this act to serious fraud investigation office. (3) where the investigation into the affairs of a company has been assigned by the central government to serious fraud investigation .....
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 .....
Tag this Judgment!Court : Karnataka
..... , document, information or matter which in its opinion, is necessary to deal effectively with the dispute event if it is not admissible in indian evidence act, 1872. therefore, we find no merit in the contention of the appellant that 63 photographs and electronic documents on which reliance has been placed by ..... and paramount consideration and in order to determine child custody, the jurisdiction exercised by the court rests on its own inherent equality powers where the court acts as parens patriae . the court further observed that various statutes give legislative recognition to the aforesaid established principles. the court explained the expression welfare , ..... this day, vishwajith shetty j., delivered the following: judgment this miscellaneous first appeal is filed under section 47(c) of the gurardian and wards act, 1890 (for short, 'the act'), against the judgment and decree dated 03.03.2022 passed by the iv addl. prl. judge, family court, bengaluru (hereinafter referred to as .....
Tag this Judgment!Court : Karnataka
..... evidence so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused. with this, it held that the above five golden principles constitute the panchsheel of the proof of a case based on ..... circumstances. (b) our hon ble apex court in the case of shivaji chintappa patil's case (supra), was pleased to observe that, section 106 of the evidence act does not directly operate against either a husband or a wife staying under the same roof and being last person seen with the deceased. section 106 does not absolve the ..... a no.676 of 2017 mallikarjun and others -vs- state of karnataka, reported in (2019) 8 scc359 in the said judgment, with respect to section 27 of the evidence act, 1872, with regard to proof of recovery of incriminating evidence, even when the pancha witnesses have turned hostile, the hon'ble apex court in paragraph-23 of its judgment .....
Tag this Judgment!Court : Karnataka
..... union, a holy bond of unity. the words addressed to the bride after the saptapadi are: into my will, i take thy heart, thy mind shall follow mine. probably, no other people have endeavoured to idealize the institution of marriage as the hindus have done. even in the patriarchal society of the rig vedic hindus, marriage ..... to the husband, ifso facto shall not debar the wife from claiming maintenance. therefore, section 125 of cr.p.c. and section 9 of the hindu marriage act are to be interpreted for which reason and object they are enacted. here, while considering the case for grant of maintenance, the purposeful interpretation shall be made. while ..... petitions filed under section 125 of cr.p.c. on the ground that respondents husband have filed petitions invoking the provision of section 9 of the hindu marriage act, 1955 for restitution of conjugal rights and decree is passed for restitution of conjugal rights. but the petitioners wife did not join companionship of the respondents husband. .....
Tag this Judgment!Court : Karnataka
..... union, a holy bond of unity. the words addressed to the bride after the saptapadi are: into my will, i take thy heart, thy mind shall follow mine. probably, no other people have endeavoured to idealize the institution of marriage as the hindus have done. even in the patriarchal society of the rig vedic hindus, marriage ..... to the husband, ifso facto shall not debar the wife from claiming maintenance. therefore, section 125 of cr.p.c. and section 9 of the hindu marriage act are to be interpreted for which reason and object they are enacted. here, while considering the case for grant of maintenance, the purposeful interpretation shall be made. while ..... petitions filed under section 125 of cr.p.c. on the ground that respondents husband have filed petitions invoking the provision of section 9 of the hindu marriage act, 1955 for restitution of conjugal rights and decree is passed for restitution of conjugal rights. but the petitioners wife did not join companionship of the respondents husband. .....
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