Court : Karnataka
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
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
Reported in : 2007(1)AIRKarR185
..... these deficiencies the congress enacted military justice act, 1968, the salient features of which are: (1) a right to legally qualified counsel guaranteed to an accused before any special court martial; (2) a ..... 13 years before the decision of the supreme court in gideon v. waiwright 372 us 335 1963. between 1950 and 1968 when the administration of justice act, 1968 was introduced, many advances were made in the administration of justice by civil courts but they were not reflected in military court proceedings. to correct ..... . rajendra, learned central government standing counsel appearing for the respondents has very vehemently submitted that the petitioner has availed of all the remedies available under the act; that he had been given ample opportunity to defend himself before the summary court martial; that even on his pointed query as to whether he wishes to .....
Tag this Judgment!Court : Karnataka
Reported in : I(2006)DMC365; ILR2005KAR4690; 2006(5)KarLJ16
..... serve its purpose. the object of punishment is not only to punish the culprits but also to make it a deterrent so that, others who are thinking of such acts/ offence would also be aware of the severe consequence or punishment. however, these depend on facts and circumstances of each case also. the courts are required to consider ..... of accused nos. 1 and 2 for the offences under sections 498-a, 304-b ipc as well as sections 3, 4 and 6 of the dowry prohibition act stands proved. we find that the trial court has considered the entire evidence in its proper perspective and even otherwise, on reappreciation and reconsideration of the entire material evidence ..... only for the offence under section 498-a of ipc thereby acquitting her for the offence under section 304-b ipc and all the three offences under dowry prohibition act. hence the present appeals.10. sri a.h. bhagawan, learned counsel for the appellants taking us through the entire evidence vehemently contended that the judgment of conviction .....
Tag this Judgment!Court : Karnataka
Reported in : IV(2005)BC310; [2005]126CompCas522(Kar); [2006]65SCL76(Kar)
..... has relied on the following further decisions jitendra narottamdas sheth v. indradeep co-operative housing society ltd., air 1993 bom 302 and hansraj v. official liquidator, dehra dun mussoorie electric tramway co. ltd. : air1929all353 .14. sri narayan bhat, learned counsel appearing for the workmen submits that the workmen having notified their claims before ..... such rights in the light of the competing claims of various secured creditors including the workmen on whose behalf the official liquidator himself is required to act and safeguard their interest.30. though a secured creditor who has not notified his claim before the official liquidator within the time allowed by the ..... exclusive jurisdiction of the debt recovery tribunal (tribunal, for short), functioning under the provisions of the recovery of debts due to banks and financial institutions act, 1993. pendency of proceedings before the winding up court and an order by the company court to wind up the affairs of the company which owes .....
Tag this Judgment!Court : Karnataka
Reported in : 2004(3)KarLJ380; (2004)IIILLJ185Kant
..... action of the management, instituted kid. no. 40 of 1990 in the labour court, hubli, under section 10(4-a) of the industrial disputes act, 1947 (for short, 'the act') praying for setting aside the order of termination at annexure-b and seeking consequential reliefs such as reinstatement with full back wages and other consequential benefits. ..... pradesh high court in pramod kumar tiwari v. hindustan fertilizers corporation limited, 1995-i-llj-192 (mp). in support of the contention that section 25f of the act has no application in the case of daily wage employees, sri prabhakar placed reliance on the judgment of the division bench of this court in telecom district manager, ..... the 1st respondent-workman was on casual and daily wage basis, and therefore, his case squarely falls within the excepted category of section 2(oo)(bb) of the act, but, the management has utterly failed to establish necessary facts in order to attract the provisions of clause (bb). in that view of the matter, sri shastry .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(1)ALD(Cri)841; 1999(2)ALT(Cri)382; 1999CriLJ3949; II(1999)DMC335; 1999(3)KarLJ593
..... bride or her parents or other relatives by the bridegroom or his parents or other relatives or vice versa would fall within the mischief of 'dowry' under the act where such demand is not properly referable to any legally recognised claim and is relatable only to the consideration of marriage. marriage in this context would include a ..... particularly where the non fulfillment of the 'demand of dowry' leads to the ugly consequence of the marriage not taking place at all. the expression 'dowry' under the act must be interpreted in the sense which the statute wishes to attribute to it. mr. p.p. rao, learned senior counsel referred to various dictionaries for the meaning ..... deemed to have caused her death. explanation.--for the purposes of this sub-section, 'dowry' shall have the same meaning as in section 2 of the dowry prohibition act, 1961. (2) whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment .....
Tag this Judgment!Court : Karnataka
Reported in : 1998CriLJ3045
..... medical evidence the respondent cannot be held guilty particularly for the offence under sections 337 and 304-a of ipc and further offence under section 117 of m.v. act, nevertheless just because the medical evidence is not available, it does not mean that the respondent can go scot free if there are other evidence to hold him ..... did not choose to examine a material witness as that of the doctor, adverse inference against the prosecution had to be drawn under section 114 of the evidence act. such an argument was advanced by sri bellary for the reason that the prosecution did not get the post-mortem report marked in the evidence by the medical officer ..... charge-sheet as against the respondent for the offence under ss. 279, 337, 304-a of ipc and further for the offence under s. 117 of the motor vehicles act before the addl. chief metropolitan magistrate (hereinafter referred to for convenience as 'cmm bangalore city'). 5. in order to prove the guilt of the respondent, the prosecution had .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1996Kant386
..... than the courts to remedy the defect.'15. coming to the present case, neither the scheme under the act nor the phraseology of sections 28 suggests any causes omissus. the suggestion of digging out ..... : 13 er 582 (h), aid the legislature's defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of 'killowen in hansraj gupta v, dehra dun-mussoorie electric tramway co. ltd., air 1933 pc 63(i), for others ..... (s.o. no. 545)dated 29-5-1995 which reads thus: 'in exercise of the powers conferred by section 11a of the karnataka tax on entry of goods act, 1979 (karnataka act 27 of 1979), the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby exempts with effect from the first day .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR3080; 1996(41)KarLJ137
..... the courts to remedy the defect.' 15. coming to the present case, neither the scheme under the act nor the phraseology of section 28 suggests any casus omissus. the suggestion of digging out ..... , 6 moo pc 1, aid the legislature 1s defective phrasing of an act or add and amend or, by construction, make up deficiencies which are left in the act. even where there is casus omissus, it is, as said by lord russell of killowen in hansraj gupta v. dehra dun mussoorie electric tramway co. ltd. air 1933 pc 63, for others than ..... (s.o. no. 545) dated may 29, 1995 which reads thus : 'in exercise of the powers conferred by section 11a of the karnataka tax on entry of goods act, 1979 (karnataka act 27 of 1979), the government of karnataka being of the opinion that it is necessary in public interest so to do, hereby exempts with effect from the first day .....
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