Court : Karnataka
Decided on : Jun-01-2007
Reported in : AIR2007Kant133; ILR2007KAR3029; 2007(6)KarLJ239
..... conduct dna test. in sharada's case the husband filed a divorce petition against the wife under section 12(1)(b) and section 13(1)(iii) of the hindu marriage act, 1955, on the ground of unsound mind. in divorce proceedings the husband filed an application seeking direction for medical examination of the wife. the wife opposed the application on the ..... ;iii. there must be a strong prima facie case in that the husband must establish non-access in order to dispel the presumption arising under section 112 of the evidence act;iv. the court must carefully examine as to what would be the consequence of ordering the blood test; whether it will have the effect of branding a child as a .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-30-2007
Reported in : 2008(3)KarLJ479; 2008(1)KCCR225; 2008(2)AIRKarR366; AIR2008NOC1882; 2008AIHC1995(Kar)
..... :(1) whether the court below was legally right in reversing the judgment of the trial court by overlooking the principles of law that any citizen has right to question the act of a fellow citizen without any impediment in obstructing his right of use of a path way right?(2) whether the judgment passed by the lower appellate court is in ..... of special circumstances, it will not normally be granted. however, if the case is clear and one which the court thinks ought to be decided at once, or if the act done is a simple and summary one which can be easily remedied, or if the defendant attempts to steal a march on the plaintiff, such as where, on receipt of .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-12-2007
Reported in : ILR2007KAR4222; 2008(3)KarLJ199;
..... confirmed. the judgment of conviction and sentence passed against accused no. 1 (appellant no. 1) for the offence punishable under section 4 of the dowry prohibition act read with section 34 ipc., is confirmed. the finding of conviction passed against accused nos. 2 and 3 of having committed the offence punishable under section 4 of ..... dying declaration, the medical opinion cannot prevail.(x) where the prosecution version differs from the version as given in the dying declaration, the said declaration cannot be acted upon.(xi) where there ore more than one statement in the nature of dying declaration, one first in point of time must be preferred. of course, if ..... opportunity to observe and identify the assailants and was in a fit state to make the declaration.(iv) where dying declaration is suspicious, it should not be acted upon without corroborative evidence.(v) where the deceased was unconscious and could newer make any dying declaration the evidence with regard to it is to be rejected.(vi .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-13-2007
Reported in : 2008CriLJ2490; ILR2008KAR1432; 2008(5)KarLJ50; 2008(2)KCCR929; 2008(3)AIRKarR96; 2008(3)AICLR396(DB)
..... normally understood. the evidence adduced by the prosecution does not, therefore, show that any demand for 'dowry' as defined in section 2 of the dowry prohibition act was made by the appellants as what was allegedly asked for was some money for meeting domestic expenses and for purchasing manure. since an essential ingredient of ..... the details were not mentioned in the requisite column of the inquest report, therefore, the presumption will be that the eye witnesses did not mention the overt acts in their statements before the police. to begin with it seems to us that the learned additional sessions judge's approach is legally erroneous. a statement recorded ..... cruelty, which ultimately resulted in the unnatural death of the deceased. depending on the facts brought on record it should take support from the presumption under evidence act.9. it is also well settled that though initial presumption comes to the aid of the prosecution, the prosecution is not absolved of its duty or liability .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-14-2007
Reported in : 2008CriLJ1538; 2008(5)KarLJ605; 2008(2)AIRKarR84; 2008(2)AICLR832
..... the criminal proceedings against one subramanya dixit @ ravi by the third respondent on the allegations of dowry harassment under section 3 and 4 of the d.p. act, hence they filed the present petition.21. in the instant case considering the fact that the third respondent who filed a complaint against one subranrtanya dixit @ ravi ..... otherwise of the allegations made in the fir or the complaint and that the extraordinary or inherent powers do not confer an arbitrary jurisdiction on the court to act according to its whim or caprice. it is too well settled that the first information report is only an initiation to move the machinery and to investigate ..... it has held that:petitioners in-laws of complainant charged with offences under sections 498a & 406 of penal code and section 4 & 6 of dowry-prohibition act-documents falsifying averments made by the complainant in her fir that she was harassed or maltreated by petitioners in connection with dowry demand-further complainant admitted in her .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2007
Reported in : 2007CriLJ2812; 2007(6)KarLJ191; ILR2007(2)Kar2117; 2007(3)AIRKarR576(DB)
..... be strictly construed. dowry is a fairly well known social custom or practice in india. it is well settled principle of interpretation of statute that if the act is passed with reference to a particular trade, business or transaction and words are used which everybody conversant with that trade, business or transaction knows or ..... was only customary one which is evident from the evidence of pw. 1. therefore, even the offence punishable under sections 3 and 4 of the dowry prohibition act are not established. so far offence under section 302, ipc is concerned, according to him the prosecution has utterly failed to establish the said charge beyond reasonable ..... and consequent cruelty and harassment to the wife.12. he refers to : 2005crilj4137 , regarding the presumption to be drawn under section 113-b of the evidence act relating to dowry death once prosecution establishes the ingredients of section 304-b, ipc. lastly, he submits that when once the prosecution places reliance under section 498- .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-10-2007
Reported in : ILR2007KAR3724; 2008(2)KarLJ388
..... government of karnataka in exercise of the powers conferred by sub-section (1) of section-3 read with section-8 of the karnataka state civil services act, 1978. the provisions of the karnataka state civil services act, 1978 apply only to state government employees. the 2006 rules were issued for regulating the deputation of government in-service candidates to post-graduate super .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-22-2007
Reported in : 2007(2)KarLJ71; 2007(3)AIRKarR466
..... enquiry against the petitioner. to substantiate his submission, he submitted that, the chancellor, being the disciplinary authority as envisaged under section 8 read with section 11 of the karnataka universities act, is the authority for initiating the proceedings and not the syndicate of first respondent hence, the impugned decision taken by the syndicate and the articles of charges issued by the ..... to be set aside. the material on record also shows that, the alleged incident has taken place when the petitioner was working as director of polymer science institute for the act done while discharging his duties as director of the polymer science institute and therefore, the respondents have no right or authority to initiate the proceedings against the petitioner. further, he .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-22-2007
Reported in : ILR2007KAR2989; 2007(5)KarLJ272; 2007(4)KCCRSN264; 2007(4)AIRKarR546
..... vi in 7th round15vijaykumar h.g.438342780elected iv in 10th round15. the contesting respondents filed election petitions before the chancellor under section 59 of the act. the petitioners have filed their objections to the election petitions. on the basis of the pleadings, the chancellor has framed the following points for consideration ..... and the procedure to be followed at meetings of authorities, including stipulation of quorum for transaction of business, where such stipulations are not already made under act. in accordance with the said provision, statutes relating to elections to the authorities of the university (for short 'the statutes') have been made by ..... ...(xii) five teachers, other than professors elected from amongst themselves;the expression 'teachers' has been defined in sub-section (m) of section 2 of the act. it is as under:(m) 'teachers' includes professors, readers, assistant professors, lecturers and such other persons giving instruction on full time basis in a college .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-09-2007
Reported in : (2007)209CTR(Kar)54; [2007]291ITR18(KAR); [2007]291ITR18(Karn)
..... ac 1 which reflected the prevalent attitude towards tax avoidance; ('every man is entitled if he can to order his affairs so that tax attaching under the appropriate acts is less than it otherwise would be. if he succeeds in ordering them so as to secure this result, then, however, unappreciative the commissioner of inland revenue or ..... be viewed with suspicion in future, is to be viewed with suspicion and treated as a device for avoidance of tax irrespective of legitimacy or genuineness of the act; an inference which unfortunately in our opinion, the tribunal apparently appears to have drawn from the enunciation in the above case has not affected the freedom of the ..... the law in this country when the constitution came into force. this was the law in force then, which continued by reason of article 372. unless abrogated by an act of parliament, or by a clear pronouncement of this court, we think that this legal principle would continue to hold good. having anxiously scanned mcdowell's case : .....
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