Court : Karnataka
..... l.j613has observed that, public servant is not to be exposed to harassment of a frivolous or speculative prosecution, therefore, the purpose of availing the sanction is to guard the public servant against such frivolous litigation and rightly the prosecution agency has obtained the sanction. the object of the provision is that the authority giving sanction should ..... are: (i) an agreement between two or more persons; (ii) an agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means. condition precedent for holding the accused persons to be guilty of a charge of criminal conspiracy must ..... investigation, reported in (2009) 15 scc643 that, criminal conspiracy involves meeting of minds of two or more persons for doing or causing to be done an illegal act or an act which may not be illegal but by illegal means. the hon ble apex court says, an offence takes place that the meeting of minds takes place even .....
Tag this Judgment!Court : Karnataka
..... dated 12.01.2021 constituted a bench to consider the reference made by the single judge of that court under the provisions of protection of children from sexual offences act, 2012 ( pocso act ) and under section 164 and other provisions of the code of criminal procedure ( cr.p.c. ). the single judge has made reference to the division ..... under section 376(2)(n), 376(3), 149 of the ipc and under sections 17, 5(l), and 6 of the protection of children from sexual offences act, 2012 ( pocso act for short). on completion of investigation the police file a charge sheet on 25-10- 2022 for offences punishable under sections 376(2)(n), 376(da), 376 ..... whether, the statements recorded under section 164 of the code of criminal procedure, 1973 before the learned magisterial court, could be exhibited under section 80 of the evidence act, 1872 whereby the right of the accused to question 30 the prosecution witnesses on these statements could be snatched away?. b. whether, the statements under section 164 of .....
Tag this Judgment!Court : Karnataka
..... metropolitan magistrate/special metropolitan magistrate (railways), bangalore in c.c.no.3401 of 2023 taking cognizance of the offence punishable under section 143 of the railways act, 1989 ( the act for short). 32. heard sri rohan kothari, learned counsel appearing for the petitioner and sri ajay prabhu m., learned counsel appearing for the respondent.3 ..... whether or not such offence is committed, be punishable with the same punishment as is provided for the offence. (emphasis supplied) section 143 of the act prohibits unauthorized carrying on of business of procuring and supplying railway tickets. if any person who is not a railway servant or agent carrying on the ..... filed before the concerned court and the concerned court takes cognizance of the 5 offence against the petitioner for offences punishable under section 143 of the act. taking of cognizance has driven the petitioner to this court in the subject petition.5. the learned counsel appearing for the petitioner would contend that .....
Tag this Judgment!Court : Karnataka
..... complaints of the same on the society s mygate application as also provided complaints to the maintenance team including the electrician of the swimming pool and security guards but these complaints were apparently ignored and unfortunately no action was taken by concerned people even when they had knowledge of a constant stream of electric ..... laid against the petitioners. section 304a reads as follows: 304a. causing death by negligence. whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with ..... on this ground, seek quashment of the entire proceedings.6. the learned high court government pleader would contend that the petitioners are primarily responsible for the negligent act which has led to the death of the child. they are responsible for the affairs of the apartment complex, as they are the office bearers of the .....
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..... 2024 before the hon'ble mr. justice m. nagaprasanna criminal petition no.6513 of2024between:1. . patel engineering limited a company within the meaning of the companies act, 2013 having its registered address at: patel estates v road jogeshwari (west) mumbai 400 102 represented by its authorized signatory shri babasaheb manyasaheb ghorpade2. shri rupen ..... . facts, in brief, germane are as follows:- 1st petitioner/patel engineering company ( the company for short) is a company incorporated under the provisions of the companies act, 2013 and is said to be engaged in construction of dams, bridges, tunnels, roads, piling works, industrial structures, 5 real estate and is said to be ..... of trust . explanation 1. a person, being an employer of an establishment whether exempted under section 17 of the employees' provident funds and miscellaneous provisions act, 1952 (19 of 1952), or not who deducts the employee's contribution from the wages payable to the employee for credit to a provident fund or .....
Tag this Judgment!Court : Karnataka
..... time being in force , inasmuch as obviously, the degrees, diplomas & certificates awarded by the university are recognized by the statutes like indian medical council act, 1956, dentists act, 1948, etc and therefore, they are not liable to service tax.-. 31 - wa no.856 of 2022 (c) the primary object of education ..... university commissioners or other proper authorities. the apex court in bharatiya education society vs. state of himachal pradesh14 observed: in the context of ncte act, `affiliation' enables and permits an institution to send its students to participate in the public examinations conducted by the examining body and secure the ..... acit (exemption) vs. ahmedabad urban development authority. 1 (c) every educational institution during the particular period in question was not within the ambit of finance act, 1994; even otherwise, because of exemption notifications issued & continued from time to time, they are immune from service tax liability; the clarificatory circulars issued .....
Tag this Judgment!Court : Karnataka
..... if the 1929 notification had comprised the suit lands for the formation of state reserve forest, the 1935/1940 notification would not have been issued under the 1894 act, appears attractive at the first blush. however, a deeper examination thereof shows its untenability: firstly, it is crystal clear that the 1929 notification has formed ..... other have vested in the state by virtue of acquisition process that commenced with the notifications of 1935/1940 issued under the provisions of the land acquisition act, 1894; the change of entries in favour of the state forest department was rightly effected by the jurisdictional revenue officials; the plaintiffs are not related to ..... authorities unlawfully changed these entries in favour of the state forest department; plaintiffs pursuit of remedies under the provisions of section 136 of the karnataka land revenue act, 1964 ultimately having proved futile, they had filed w.p.no.29959/2009 and a learned single judge of this court vide order dated 9.6. .....
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..... 14 - wphc no.55 of 2024 kodeeswaran vs lembeaga pencegahan jenayah, (2021) 2 malayan law journal822 has upheld the validity of the prevention of crime act, 1959 which inter alia provides for preventive detention of persons engaged in terrorist activities, drug & human trafficking, smuggling & unlawful gaining, etc., these specified activities ..... by restraining our vices. the one encourages intercourse, the other creates distinctions. the first is a patron, the last a punisher . when the acts of wickedness of the unscrupulous few poses a potential threat to the peace & tranquility of the community, it becomes duty of the state constitutionally wedded ..... indulgence in the matter for the following reasons: (a) a thumbnail description of1985act: a) this statute is a state legislation. its preamble says that this act intends to provide for preventive detention of bootleggers, drug-offenders, gamblers, goondas, [immoral traffic offenders, slum-grabbers and video or audio pirates]. for preventing .....
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..... before hebbagodi police, and immediately the police came to the spot and questioned the persons present there and it was revealed that the aforesaid subramani had indulged in such illegal act, and he started to make certain claims for which the police asked him to bring all the documents in his custody to the police station the next day. when i ..... .12.2019 & 16.12.2019 on the basis of the aforesaid documents and also taking advantage of the that i am aged 79 years, they have indulged in the above acts. further, when i visited my property, certain unscrupulous persons again came near my property and threatened me with dire consequences if i did not sell the property and further threatened .....
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..... legal remuneration and as a motive or reward for possessing the application, he received the said amount, thereby committed the aforesaid offences under the prevention of corruption act, 1988.7. after completion of the investigation, the investigation officer filed the charge sheet against the accused. before the trial court the accused pleaded not ..... rs.1,800/-. to that effect, panchanama was conducted and amount was seized. all the procedures as contemplated under the provisions of the prevention of corruption act have been complied with the prosecution by the investigating agency. according to him, the learned trial court has given its finding based upon the evidence placed ..... by the prosecution, through evidence of pws.2 and 3, the requisites of the offences under section 7, section 13 (2) and section 20 of the act, regarding illegal gratification i.e. demand and acceptance is established. the phenolphthalein test is positive against the accused. testimony of the witnesses like pw.3 to 8 .....
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