Court : Karnataka Dharwad
..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....
Tag this Judgment!Court : Karnataka Dharwad
..... non- examination of 1st plaintiff is fatal to the case of the plaintiffs and therefore an adverse inference has to be drawn under section 114(g) of evidence act. 19. evidence includes documentary evidence. second plaintiff has asserted that he is the son of 1st plaintiff and 1st plaintiff had married deceased irappa chanabasappa uppin. as ..... court rendered in air 1960 scc 100 in the case narayan bhagwantrao gosavi balajiwale vs. gopal vinayak gosavi and others. while dealing sections 101 to 104 of the evidence act, the hon'ble apex court has vividly explained the concept 'burden of proof'. according to the apex court, 'burden of proof' means some times that a ..... onus does not shift on the defendants. learned counsel for the appellant has drawn the attention, of this court to the mandate of section 101 of the evidence act stating that, unless the initial burden is effectively discharged, the plaintiff cannot take advantage of the weaknesses of the defendants. 17. it is useful to refer the .....
Tag this Judgment!Court : Karnataka Dharwad
..... evidence of pw-1, her evidence though contain some discrepancy, omissions and contradictions but on overall analysis it stand to the test of credibility. hence, her evidence can be safely acted upon as rightly done by the trial court. 26. now, coming to the evidence of pw-4, who is the child witness. the learned counsel for the accused strenuously ..... cannot be easily brushed aside. 39. pw-9 - dr. satish, who examined the accused and gave the certificate - ex.p10 shows that the accused was capable of performing sexual act. this doctor appears to be not so experienced because he admits that he sent the clothes of the accused in a casual manner without seizing and sealing the same in ..... clothes of the accused and the pubic hair in a sealed cover. there is serious lapse on the part of the investigating officer and also this pw-9 who have acted in a very casual manner. 42. the investigating officer - pw-15 dr. k.v. jagadish has accepted this particular aspect. but the lapse on the part of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... as an amount of rs.80.00 lakhs. a suit has been filed by the complainant before the civil court in o.s. no. 13/2004 challenging the illegal acts of the bank authorities in respect of the present dispute on the allegations that petitioners by creating his forged signature on the alleged document sold his properties in the auction ..... conducted the sale proceedings. but there is no specific allegations so far as accused nos. 5 and 6 are concerned, how they were indulged themselves in committing any fraudulent act so far as the 1st respondent is concerned. when their participation was not at all there as on 23.08.2008, the subsequent conduct or specific role of the purchasers ..... the d.r.t. in the year 1999-2001. it is also not disputed that the debt recovery tribunal has issued recovery certificates after coming into force of sarfesi act. it is the case of the petitioners that a notice was issued on 10.08.2002 to the respondent no.1 and symbolic possession was taken pertaining to the disputed .....
Tag this Judgment!Court : Karnataka Dharwad
..... of rtc. in a suit for injunction, revenue entries play a major role more particularly in the light of presumption ion available under section 133 of the karnataka land revenue act. 12. it is argued by the learned counsel for the respondents that it was the duty of the revenue authorities under section 128 of karnataka land revenue ..... act to incorporate the names of the purchasers, more particularly, when the alienation is made by means of registered conveyance deed. it is true that it is the duty of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... . weaknesses, if any, of the defendants cannot be a trump card in favour of the plaintiffs, unless the initial burden is discharged, as contemplated under section 102 of the evidence act. whether defendants has the title are not is not to be decided by this court, more particularly, in an injunction suit. suffice to state that there is acceptable evidence in .....
Tag this Judgment!Court : Karnataka Dharwad
..... to 3 and the connected documentary evidence placed on record, the trial court has rightly drawn presumption of valid marriage by invoking section 114(d) of the evidence act. 40. the trial court as well as the first appellate court have properly assessed the evidence in right perspective. the evidence so adduced has been tested on the ..... concubinage when a man and woman have cohabited continuously for a number of years. 38. under these circumstances, drawing a presumption under section 114(d) of the evidence act would be proper and legal. even in the case of badri prasad vs. dy.director of consolidation (air 1978 scc 1557), it is clearly reiterated that law ..... born out of the legal wedlock between venkavva and 1st defendant kallappa. according to him, both the courts have drawn presumption available under section 114 of the evidence act in regard to kallappa and venkavva living as husband and wife. hence prayed for dismissal of the appeal. 14. plaintiff himself has been examined as pw1 and one .....
Tag this Judgment!Court : Karnataka Dharwad
..... - question as to -- need not always be decided as preliminary issue - in cases where such question cannot be decided without giving opportunity to defence to establish that act was done in discharge of official duty - question can be left open for decision on conclusion of trial." 9. in view of the above facts and circumstances of ..... is : where the public servant is alleged to have committed the offence of fabrication of record or misappropriation of public fund etc., can be said to have acted in discharge of his official duties. it is not the official duty of the public servant to fabricate the false record and misappropriate the public funds etc. in ..... removable from, his office, save by or with the sanction of the government, is accused of any offence alleged to have been committed by him, while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction of the appropriate government/ authority. the .....
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..... due to certain differences between them, the respondent herein has filed a petition in m.c.no.28/2010 under section 13(ia) and (ib) of the hindu marriage act, 1955, seeking dissolution of marriage. the court below, by the impugned judgment has allowed the petition and ordered the dissolution of the marriage between the petitioner and the ..... cruelty were not made out, the additional contention which was raised with regard to the proceedings not being conducted by the court as required under the provisions of the act and also the manner in which the evidence was recorded requires to be noticed. 5. firstly, it is necessary to be noticed that, before the court below ..... to be taken. to the said extent as rightly pointed out by the learned counsel for the appellant, the provisions contained in section 23 of the hindu marriage act would provide for bringing about the conciliation between the parties before the matter is taken up for evidence. 6. from the order sheet which is available in the .....
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..... be parked 10. as rightly pointed out by the trial court, the initial burden cast upon the plaintiffs has not been effectively discharged as contemplated under section 101 of evidence act. unless the initial burden cast upon the plaintiff is effectively discharged, the onus does not shift on the other side and this cannot be taken as advantage by the plaintiffs .....
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