Court : Karnataka Dharwad
..... hands he could turn into a criminal and wreck havoc on the civil society. 8 13. apart from the apprehensions, it is the duty cast upon the courts to act as a guardian of minor children. the safety and health of minor children is predominant. the right of an adult must necessarily cede to the right of a minor. ..... prosecution on registration of fir has indicted the accused for the offences punishable under sections 376 and 506 of i.p.c. and under section 4 of the pocso act. the accused was arrested and remanded to judicial custody. thereafter the investigation officer has moved an application and the learned public prosecutor seeking permission to conduct dna examination of ..... the order dated2310.2014 passed by the dist. & sessions judge, koppal, in fir (posco) no.373/2014, for the offences p/u/s376 506 of ipc and4of posco act, 2012. this petition coming on for admission this day, the court made the following: order this petition is filed by the accused praying to call for the records and set .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... two appeals. it is necessary to observe that, such principles have evolved over the years and crystallized into settled principles of law , these are: i) section 134 of indian evidence act, 1872, enshrines the well-recognized maxim that evidence has to be weighed and not counted. in other words, it is the quality of evidence that matters and not the quantity ..... no.200113 of 2017 para 43 of the judgment it is observed by the allahabad high court that it is settled that, the testimony of single eye witness can be acted upon if otherwise reliable and corroboration required only when his evidence is open to doubt and suspicious. a close relative, who is a natural witness, cannot be recorded as an .....
Tag this Judgment!Court : Karnataka Dharwad
..... the year 1992. the counsel for the petitioners in this petition would vehemently contend that, annexure-l withdrawing the notification issued under section 17 of the act and so also the preliminary notification and withdrawing of the same is also without notice to the petitioners and hence the writ jurisdiction is invoked. the action ..... road tax and other statutory taxes from the residents. 5.3. it is also contended that, once the notification was issued under section 17 of the slum act, ought to have finalized determining the compensation. when the court also directed to pay compensation and initiate appropriate proceedings and also when they did not comply with ..... and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, .....
Tag this Judgment!Court : Karnataka Dharwad
..... the year 1992. the counsel for the petitioners in this petition would vehemently contend that, annexure-l withdrawing the notification issued under section 17 of the act and so also the preliminary notification and withdrawing of the same is also without notice to the petitioners and hence the writ jurisdiction is invoked. the action ..... road tax and other statutory taxes from the residents. 5.3. it is also contended that, once the notification was issued under section 17 of the slum act, ought to have finalized determining the compensation. when the court also directed to pay compensation and initiate appropriate proceedings and also when they did not comply with ..... and equity; issue writ in the nature of mandamus and issue appropriate directions to the respondents no.1,3 to7to quantify and pay compensation under section20of the slum act in respect of06acres18guntas15annas in sy.no.37/3a of nekar nagar, ayodhya village (v) at the earliest, in the interest of justice and equity; alternatively, .....
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..... would arise for consideration of this court: i. whether the trial court has committed an error in dismissing the application filed under section 124 of the act filed praying stay of further proceedings in the suit?.18. having considered the material on record particularly the pleadings of plaintiff as well as defendants and so ..... court with regard to rectification of trademark application, the trial court ought to have exercised its discretion in entertaining the application filed under section 124 of the act.14. per contra, counsel for the respondent would vehemently contend that the suit was filed for the relief of permanent injunction and in the written statement ..... court further holds that the petitioners herein have not taken defence as contemplated under clause (e) of the sub- section 2 of section 30 of the act. the trial court ought to have relied upon the said provision.9. the petitioners herein have specifically pleaded questioning the validity of the trademark of the respondent .....
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..... writ petition is maintainable to consider the factual aspects are concerned, lis pendens under section - 23 - nc:2024. khc-d:13123 wp no.108019 of 2023 52 of tp act is applicable to the case on hand. if adjudicatory process by entertaining the same when there is no factual dispute, it will curtail the right of the respondent and the ..... section 115(2) would not be maintainable and 9 air2003kar17410 (2006) 4 scc412- 15 - nc:2024. khc-d:13123 wp no.108019 of 2023 revisional court cannot act contrary to express provision of section 115(2) and entertain revision on ground of cutting short litigation or to avoid injustice.15. having heard the petitioner s counsel and also ..... debtor is presumed to be aware of the proceedings before a court of law and it recognizes the doctrine of lis pendens section 52 of the transfer of property act, 1882 and held that if unfair, inequitable or underserved protection is afforded to a transferee pendente lite, a decree holder will never be able to realize the fruits .....
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..... r1 to r3, sri. m.b. kanavi, advocate for r4, sri. shivaraj s. balloli, advocate for r5 & r6) this writ appeal is filed u/s.4 of karnataka high court act, 1961, praying to, a. call for the records pertaining to writ petition no.101836/2023 (gm-res) filed by the appellants herein before the ld.single judge of this hon .....
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..... contra. in a case involving quashment of government order made under rule 14a, the matter almost invariably goes back to the stage of section 12(3) of the 1984 act, unless the tribunal/court expressly says otherwise, and therefore, such cases need to be treated as of remand. it is highly desirable that the quashment orders, whatever be ..... needs to be mentioned in so many words: we have come across several cases wherein the action of lokayukta made under the provisions of section 12 of the 1984 act or that of its delegates viz., the registrars of enquiries having been faltered, relief has been granted to the delinquent employees. there are other cases wherein the order ..... to be construed in their true spirit and in the light of the scheme collectively emerging inter alia from the provisions of sections 9 & 12 of the 1984 act read with rule 14a of the 1957 rules. caution needs to be taken while applying the principle of judicial precedents since the decision of the court and its observations .....
Tag this Judgment!Court : Karnataka Dharwad
..... show due difference to the learned and experienced, in the respective domains. the impugned report partakes the character of expert opinion as contemplated under section 45 of the indian evidence act, 1872. this view gains support from the decision of - 5 - nc:2024. khc-d:12385-db wp no.104218 of 2024 apex court in post graduate institute vs. j.b .....
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