Court : Karnataka
..... mlas had contributed lacks of rupees during annual fair etc. it was also stated though several attempts were made calling upon office bearers to render accounts (including filing applications under rti act and issuing legal notices), they were orally abused and denied information. attention was drawn to specific and unequivocal assertion that majority of defendants no.2 to 11 had no avocation .....
Tag this Judgment!Court : Karnataka
..... have spoken in line with the contents of panchanama and its contents. one cannot draw a presumption that police witnesses are not trustworthy witnesses. under the provisions of indian evidence act, they are also competent witnesses and if their evidence is trustworthy, such evidence has to be accepted. pw.1 has consistently deposed about receiving of the information with regard to ..... cement colour pant and was found circulating the counterfeit notes. on conducting raid accused found in possession of said counterfeit notes. the io prepared the panchanama in his presence. he acted as a pancha to the said panchanama. the seizure of the said currency notes was done by the io. he speaks that accused was found in possession of leather purse .....
Tag this Judgment!Court : Karnataka
..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections (3 ..... by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, .....
Tag this Judgment!Court : Karnataka
..... the society in general. the concept of fair trial entails familiar triangulation of interests of the accused, the victim and the society and it is the community that acts through the state and prosecuting agencies. interests of society are not to be treated completely with disdain and as persona non grata. courts have always been considered to ..... ends of justice, he may order that any particular case be transferred from one criminal court to another criminal court in his sessions division. (2) the sessions judge may act either on the report of the lower court, or on the application of a party interested, or on his own initiative. (3) the provisions of sub-sections (3 ..... by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, .....
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..... and spl. judge, lokayuktha court, bangalore in spl.c.c.no.116/2008- convicting the appellant/accused for the offence p/u/s7and132) of the prevention of corruption act, 1988. this criminal appeal having been reserved for judgment, coming on for pronouncement this day, the court, delivered/pronounced the following: coram: hon'ble mr justice ..... money, coupled with the other corroborative evidence led by the prosecution, dispels the said presumption, which was available to the accused under section 20 of the act. though the learned counsel for the accused relied upon various evidence and submitted that pw.1 is the interested witness, no animosity or ill will is established ..... appeal is allowed in part. ii) so far as conviction of the accused for the offence under section 7 and 13(2) of the prevention of corruption act, 1988 is confirmed. however, there shall be modification in the sentence imposed by the trial court. iii) the accused shall undergo rigorous imprisonment for the period of .....
Tag this Judgment!Court : Karnataka
..... 2024 for offences punishable under sections 8(c), 22(b), 22(c), 22(a), 27(b), 25, 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short) and sections 290 and 294 of the ipc.2. heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and sri p.thejesh ..... , space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this act, shall be punishable with the punishment provided for that offence. (emphasis supplied) section 25 deals with punishment for allowing the premises to be used for commission of offence ..... opined that unless the vehicle is used with the knowledge and consent of the owner thereof, which is sine qua non for applicability of section 25 of the ndps act, conviction thereunder cannot be legally sustained. relevant paragraphs thereof are extracted below: 8. we have considered the arguments advanced by the learned counsel. we see that .....
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..... khc:35175-db crl.a no.1746 of 2018 33. the case of the prosecution is also that the victim had refused to co-operate with the accused for sexual act and hence there is a motive for the accused to commit the murder. having considered the material available on record, the witnesses have spoken about the illicit relationship between the ..... not go to the very root of the prosecution and the evidence of p.w.18 is clear with regard to the recovery is concerned. section 27 of the evidence act is also pressed into service for recovery of property, particularly incriminating evidence through accused i.e., m.o.5 knife which was used for committing the murder. the evidence ..... made voluntary confession statement in the police station with him that he committed the murder. though confession made before the police officer is hit by section 25 of the evidence act, having taken note of the extra judicial confession made before p.ws.3, 5 and 6, the evidence of p.w.17 cannot be thrown, since he also intimated .....
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..... order1 this criminal petition is filed opposing the criminal proceedings initiated against the petitioners for the offence punishable under section 27d of the drugs and cosmetics act, 1940 ( the act ) in criminal case no.273 of 2016, relatable to the subject samples of a drug called regunac na+ sr100(slow diclofenac tablets b.p. ..... specified against the petitioners herein, are absent this case, however, deals with a complaint filed under section 138 r/w section 141 of the negotiable instruments act, 1881.74. mr. deshpande, per contra, contended that this argument was without any substance. he submitted that the drugs inspector had conducted the investigation strictly ..... present the complaint (dated 24.08.2016) under section 200 of the criminal procedure code, 1973 ( the crpc ) for offence punishable under section 27(d) of the act for the manufacture of two batches of drugs, which were not of standard quality . as stated above, this criminal petition is filed challenging the initiation of these .....
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..... corporation limited contends that the commercial court has failed to properly analyse and adjudicate the grounds raised under section 34 of the arbitration & conciliation act, 1996. instead of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, ..... s findings without conducting an independent assessment of the evidence and legal arguments presented by both parties, as section 34 of arbitration and conciliation act, requires a thorough examination of the factual matrix and legal submissions to determine whether the arbitral tribunal's conclusions were justified. by failing ..... of indian law and patent illegality. both parties now seek to appeal this decision.34. the arbitral tribunal, constituted under the arbitration and conciliation act, 1996, conducted a thorough examination of the evidence and contractual terms before issuing its award. the tribunal's award, including the finance charges, .....
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..... corporation limited contends that the commercial court has failed to properly analyse and adjudicate the grounds raised under section 34 of the arbitration & conciliation act, 1996. instead of independently assessing the evidence and arguments presented, the court has primarily recapitulated the findings and reasoning of the arbitral tribunal, ..... s findings without conducting an independent assessment of the evidence and legal arguments presented by both parties, as section 34 of arbitration and conciliation act, requires a thorough examination of the factual matrix and legal submissions to determine whether the arbitral tribunal's conclusions were justified. by failing ..... of indian law and patent illegality. both parties now seek to appeal this decision.34. the arbitral tribunal, constituted under the arbitration and conciliation act, 1996, conducted a thorough examination of the evidence and contractual terms before issuing its award. the tribunal's award, including the finance charges, .....
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