Court : Karnataka Dharwad
..... were reluctant to join the armed forces, the emergency that was prevailing then in 1943 is no longer there. 25 eight decades have elapsed since then. the act, adapting the ordinance, 1943 does not spell out the objects and reasons for providing the 100% reservation for women. nevertheless, assuming that the ordinance was ..... is ensured. this contention is untenable. while recruiting under the ordinance, 1943 where the employment is reserved exclusively for women, and in recruitment under any other act which provides exclusive reservation for men, there is no guarantee that the recruitment will take place simultaneously. not going for recruitment under one ordinance or law, when ..... following combined reasons, the technical objection is overruled and the petition is decided on merits. (a) the maxim actus curiae neminem gravabit, which means that an act of the court shall 6 prejudice none, applies in full measure. petitioners no.1 and 2 had a cause of action to challenge the vires of section .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2023 7. his submission is that once the land comes within the urban agglomeration or within the municipal limits, section 95 to 97 of the karnataka land revenue act, 1964 (for short klr act ) are not applicable and in this case, the land already having been converted from agricultural to commercial albeit for petrol bunk purposes, the land has lost agricultural ..... , there would be no requirement for a land owner of the land coming within the limits of tmc to seek conversion of the land under section 95 of the klr act from agricultural to non-agricultural purposes once the land comes within the limits of tmc. 12.5. thus, i answer point no.1 by holding that agricultural land coming ..... purposes before it came within the tmc limits by following the due procedure under - 10 - nc:2024. khc-d:129 wp no.107283 of 2023 section 95 of the klr act. thus, the said land has not been assessed to tax as an agricultural land but has now been assessed to tax on the basis of the municipal number allotted to .....
Tag this Judgment!Court : Karnataka Dharwad
..... the trial court ought not to have dismissed the claim petition by holding that mere filing of the charge sheet is not conclusive proof of the accident and negligent act of the first respondent.29. therefore, the claimants are successful in establishing that basanagouda patil died on account of injuries sustained in road traffic accident and therefore, ..... on record, the following point would arise for consideration of this court.1) whether claimants/appellants have made out a case that it is because of the negligent act of the driver of the tum tum vehicle bearing reg. no.ka-26/4864, the accident is occurred resulting in the death of basanagouda patil?.2) whether the ..... to accidental claims and therefore sought for allowing the appeal.13. he also contended the charge sheet filed by the investigating agency would establish that it is negligent act of the driver of the offending tum tum vehicle bearing reg. no.ka-26/4864, the accident is occurred and therefore, the claim petition needs to be .....
Tag this Judgment!Court : Karnataka Dharwad
..... not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused.17. a reference may be made to a later decision in sharad birdhichand sarda v. state of maharashtra. therein, while dealing with ..... section 376(d) of the indian penal code deals with `gang rape'. it states that `when a women is raped by one or more persons with constituting a group or acting in furtherance of common intention each of those persons shall be deemed to have been committed the rape and shall be sentenced with rigorous imprisonment for term which must not ..... eve tease her. even they used to ask the deceased to come with them. this fact was informed to them by the deceased and in turn they informed the said act of accused persons to the elderly members of their village arrayed as cws 21 to 23. these 26 crl.a no.100191/2022 elderly members called these accused persons including .....
Tag this Judgment!Court : Karnataka Dharwad
..... the fact that the biological parents being the petitioner and the complainant, the allegations by the complainant would stand to reason. if it were to be consensual acts, which have become nothing, it would have been a circumstances altogether different. it is therefore, the entire charge sheet material which was already filed before the ..... position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise ..... record. the dna report is as afore-quoted, clearly indicates that the petitioner and the complainant are the biological parents of the child born from the acts of the petitioner and the second respondent complainant and the petitioner has no intention of ever getting married to the complainant. he had only intention to have .....
Tag this Judgment!Court : Karnataka Dharwad
..... on proof of demand9 we have considered the submissions. it is well settled that for establishing the commission of an offence punishable under section 7 of the pc act, proof of demand of gratification and acceptance of the gratification is a sine qua non. moreover, the constitution bench in the case of neeraj dutta3 has reiterated ..... public interest; or (e) .10. the demand for gratification and the acceptance thereof are sine qua non for the offence punishable under section 7 of the pc act.11. the constitution bench4 was called upon to decide the question which we have quoted earlier. in paragraph 74, the conclusions of the constitution have been summarised, which ..... recovery of currency notes is not sufficient to constitute such offence. in the said judgments it is also held that even the presumption under section 20 of the act can be drawn only after demand for and acceptance of illegal gratification is proved. it is also fairly well settled that initial presumption of innocence in the .....
Tag this Judgment!Court : Karnataka Dharwad
..... of sri. yug mohith chaudhry, and therefore hold that the evidence of pw2, pw10, pw12 and pw22 is trustworthy and the trial court has not erred in acting upon their testimonies. point no.(iii) 38. certainly if a husband finds his wife to be having illicit relationship transgressing the matrimonial discipline, it evokes anger in him ..... bichagatti and sri yug mohith chaudhry. his argument was that the way both the accused were killed shows the brutal and cruel attitude of the accused. the act of killing demonstrated cruelty of the highest degree and therefore any punishment less than death is no punishment at all to a situation like this. he submitted that ..... provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these .....
Tag this Judgment!Court : Karnataka Dharwad
..... of sri. yug mohith chaudhry, and therefore hold that the evidence of pw2, pw10, pw12 and pw22 is trustworthy and the trial court has not erred in acting upon their testimonies. point no.(iii) 38. certainly if a husband finds his wife to be having illicit relationship transgressing the matrimonial discipline, it evokes anger in him ..... bichagatti and sri yug mohith chaudhry. his argument was that the way both the accused were killed shows the brutal and cruel attitude of the accused. the act of killing demonstrated cruelty of the highest degree and therefore any punishment less than death is no punishment at all to a situation like this. he submitted that ..... provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these .....
Tag this Judgment!Court : Karnataka Dharwad
..... the guise of their name appearing in the revenue records, contesting against plaintiffs that they are owners of entire cts no.3927/1. his submission is that because of illegal acts of defendant nos. 1 to 4, they were constrained to approach revenue authorities i.e. adlr and ddlr. initially there was an order passed by the adlr in favour of ..... the defendants had got executed the sale deeds forcibly, pw.1 s father would have been the best person to speak about it. he did not challenge the said alleged act of defendant's right from the date of execution of the sale deeds till his demise. so the questions that arise in plaintiffs authority to claim right over property.34 .....
Tag this Judgment!Court : Karnataka Dharwad
..... limit of belagavi city, the plaintiff was found to have possessed excess land. according to section 6 of the urban land (ceiling and regulation) act, 1976, ( the act for short) the plaintiff was required to file a declaration under the said provision. the plaintiff, therefore, made an application to the government of ..... under the power of attorney, he authorized the second defendant to execute the sale deeds. after the government granted exemption under section 20 of the act, the plaintiff applied for conversion and it was granted. but the plaintiff challenged the conversion order by preferring an appeal to the karnataka appellate tribunal ..... d. huddar regular first appeal no.719 of2015between:1. abhiman apartment co-operative housing society limited, a society registered under the karnataka co-operative society act having its registered office at dr. ambedkar road, opposite civil hospital belagavi (since liquidated as per karnataka state government gazette, notification no.drl:n:lqd143200 .....
Tag this Judgment!