Court : Karnataka
Reported in : AIR1951Kant29; AIR1951Mys29
..... so new an article as that to disturb the state of things by putting on the market a whole supply which may turn out to be an infringement of the plaintiff's rights would, to our mind, be much greater inconvenience than to restrain the defendant for the few weeks adjournment during which the trial will be expedited and the slight difficulty of ascertaining by way of injury hereafter what the amount of measurable money loss he would incur by that sort adjournment ' 9. ..... effect and object is to keep matters in status quo as far as possible until the hearing or until further orders and in order to prevent the commission or continuance of an alleged injury in the meantime. ..... he can go to court and obtain an injunction restraining the defendant from such acts even if the lattter's action is entirely innocent and done in ignorance that he has interfered with the plaintiff's ..... learned district judge has compared both the parties wrappers and labels and thought that they do not bear any resemblance to each other, in view of the fact that there is a faint mark of two elephants on either side of ganesha. ..... by the defendants are a colourable imitation of those of the plaintiffs and whether they are calculated to deceive the customers and the other defences raised by the defendants based on the provisions of the trade marks act, are all questions which should be decided after the trial. ..... after filing the suit the plaintiffs applied for a temporary injunction which was granted in their favour ex .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1957Kant84; AIR1957Mys84; (1957)35MysLJ128
..... the appellant was able to make use of the prestige of the congress organisation, liven assuming that he did so, there is nothing under the town municipalities act to prevent a candidate from making use of his association with any organisation or his seeking aid of any organisation so long as it does not contravene any rule or so long as it does not amount to corrupt practice.it has at no time been suggested by respondent 1 that there was any ..... assigned to respondent 1 is an elephant.supposing the picture of the elephant actually used was a caparisoned elephant, could it be said that the symbol did not conform to the description of an elephant as given in the schedule to ..... in the sense that the appellant had obtained a numerical superiority of votes in consequence of it.3. the learned civil judge has found that a pair of bullocks with a yoke was used as a symbol for the candidates of the congress party in the legislative elections held about 4 years prior to the municipal election in question ..... of bullocks with a yoke and that as the latter symbol is associated with the indian national congress as an election symbol for legislative elections, its use resulted in enabling the appellant to obtain the majority of votes that he did. ..... respondent 1 filed an election petition under section 20 of the act challenging the appellant's election on the ground that an unauthorised symbol different from that, assigned to the appellant had been attached to the ballot box of the appellant and that .....
Tag this Judgment!Court : Karnataka
Reported in : [1993]199ITR119(KAR); [1993]199ITR119(Karn); 1991(3)KarLJ18
..... murad ali khan, : 1989crilj1005 , wherein it is held as follows (headnote) : 'where it was alleged in the written complaint filed by the range forest officer that the accused person shot and killed an elephant in a particular range forest and removed the ivory tusks of the elephant and it was mentioned in the complaint that elephant was included in the schedule i of the wild life (protection) act, 1972, and that the complaint was authorised by the bihar government's notification no. s. o. ..... for instance where the facts in the fir themselves do not constitute any cognizable or non-cognizable offence and if the police proceed to register a case and take up investigation, the high court will be within its powers to interfere with such investigation and quash the fir either in exercise of the powers of writ jurisdiction or inherent powers conferred under section 482, criminal procedure code, to prevent abuse of the process of court or otherwise to secure the ends of justice ..... . when it is said that the complaint itself is the result of vague and baseless allegations coupled with non-application of mind to the provisions of the act upon which the department relies, it has to be said that any investigation pursuance to such complaint is a misconceived one and, if such proceedings are allowed to continue, the same would result in abuse of the process of the court .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2000KAR3233; 2000(6)KarLJ1
..... apart from committing numerous crimes in the cases in which offences under the terrorist and disruptive activities (prevention) act, 1985 (for short, the 'tada act') are involved, they are said to have attacked police patrolling parties as also police stations by planning and organising ..... prove to be menace to society in general and to complainant and prosecution witnesses in particular; (b) other under-trials whose overt acts or involvement directly attract sections 3 and or 4 of the tada act; (c) under-trials who are roped in, not because of any activity directly attracting sections 3 and 4, but by virtue of section 120b or 147 of the indian penal code; and (d) those under-trials who were found possessing incriminating articles in notified areas ..... years from the date of recording of the charges framed where the accused was charged with offence punishable with imprisonment not exceeding 7 years, and in case of offences which are punishable with imprisonment for a period exceeding 7 years to close the prosecution evidence on completion of 3 years from the date of recording the plea of accused on charge framed irrespective of the fact whether the prosecution has ..... is that veerappan and his gang were involved in sandalwood smuggling and elephant poaching activities in the states of karnataka and tamil nadu. ..... since the act tended to be very harsh and drastic containing the stringent provisions providing minimum punishments and to some cases enhanced penalties also, it was provided .....
Tag this Judgment!Court : Karnataka
..... the neighbourhood of the area comprised therein, a proclamation-(a) specifying, as nearly as possible, the situation and the limits of the sanctuary;(b) requiring any person, claiming any right mentioned in section 19, to prefer before the collector, within two months from the date of such proclamation, a written claim in the prescribed form, specifying the nature and extent of such right with ..... in helping the forest department to enforce wildlife laws.what is needed is the recognization that integrated land use and developmental planning in needed in areas with elephant habitat otherwise both people and elephants will suffer.8.2.3 population dynamics:the elephant population of karnataka is currently (2007) estimated by sample block count to be around 4,000 to 5,000 in the state (census conducted by the forest ..... act, 2002, and among them the member secretary, karnataka state legal services authority, who shall file periodical report before the high court legal services committee and the karnataka state legal services authority at least once in three months, for their constant monitoring, as to the implementation of short-term and long-term measures framed and proposed to be framed, as undertaken by the government referred to above, for conservation of elephants and prevention of unnatural death of ..... punishment, though ban on trade in wildlife skins, ivory and other body parts are imposed, black markets still thrive with penalties too small and rewards too great.13. .....
Tag this Judgment!Court : Karnataka
..... accused no.1 and after due trial, accused no.1 is convicted in spl.cc.no.45/94 for offences punishable under sections 409, 467, 477, 477a of ipc and section 13(2) read with section 13(1(c) and (d) of the prevention of corruption act, 1988 and sentenced to undergo imprisonment for four years on each count and to pay fine of rs.10,000/- on ..... however, having regard to the fact that appellant-accused is suffering from various ailments, which is supported by the medical reports and disability certificate issued by the directorate for the empowerment of differently abled and senior citizens, bengaluru, and that he is in judicial custody from the date of his arrest, i am of the opinion that the period of ..... having regard to the fact that the appellant-accused no.2 pleaded guilty and as accused no.1, who is wife of appellant herein was convicted 10 and sentenced to undergo simple imprisonment for four years on each count and to pay fine of rs.10,000/- on each count, which was reduced to three years with fine of rs.20,000/- on each count by this court and further ..... for hearing this day, the court delivered the following: judgment this appeal is directed against the judgment of conviction and order of sentence dated 18.12.2017 passed by the court of xxi additional city civil and sessions judge and principal special judge for cbi cases, bengaluru in spl.c.c.no.537/2017 convicting the appellant-accused no.1 for the offence punishable under sections 409, 467, 471, 477a read with section .....
Tag this Judgment!Court : Karnataka
..... he is a minor, desires otherwise; (b) give on demand by a police officer any information required by him, or, if no police officer is present, report the circumstances of the occurrence, including the circumstances, if any, for not taking reasonable steps to secure medical attention as required under clause (a), at the nearest police station as soon as possible, and in any case within twenty-four hours of the occurrence; 2[(c) give the following information in ..... order1 the petitioner is before this court seeking for the following reliefs: wherefore, the above named petitioner most respectfully prays this hon ble court be pleased to quash the proceedings in crime no.21/2018 of respondent vijayanagar police registered on the basis of offences punishable under section 134(a & b) and 187 of motor vehicles act and section 279, 428 and 429 of ipc, which ..... an order, the court may award costs for the purposes, namely, (i) to give effect to any order passed under the court, (ii) to prevent abuse of the process of any court, and (iii) to secure the ends of justice as there is no (a) negative provision for exercise of such power , and (b) inconsistency ..... , poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five ..... penalty contemplated under section ..... penalty for .....
Tag this Judgment!Court : Karnataka
..... section 142 defines punishment for non- compliance of directions by appropriate commission reads as under:-"in case any complaint is filed before the appropriate commission by any person or if that commission is satisfied that any person as contravened any of the provisions of this act or the rules or regulations made there under, or any direction issued by the commission, the appropriate commission may an opportunity of being heard in the matter, by order that, without prejudice to any other penalty to which he may ..... be liable under this act, such person shall pay, by way of penalty, which shall not exceed one for each contravention and in case of a continuing in writing, ..... an executive authority acting without jurisdiction subjects or is likely lengthy proceedings and unnecessary harassment, the high courts will issue appropriate orders or directions to prevent such consequences. ..... it is a book, but we mean it is a horse, table or an elephant, then we will not be able to communicate with each other. ..... omission made by the legislature may be supplied in order to give the legislation an effective meaning and to prevent it from becoming devoid of effect. .....
Tag this Judgment!Court : Karnataka
..... 4. 27.5 section 5 of the klgp act-2011 specifically contemplates for levy of penalty for other offences in connection with land grabbing and clauses (a) to (e) would indicate that on conviction of such person for contravention of the provisions of the act or in connection with any such land grabbing, same would be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and ..... , which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarised above.27.3 section 3 of klgp act-2011 states that 'land grabbing' in any form is prohibited and is declared unlawful and any activity connected with or arising out of land grabbing to be an offence, ..... .93. though law has given sanction of presumption of innocence until guilt is declared by a court of law in certain cases including the cases say, relating to preventing of corruption act, placing the burden of proof on the accused in reasonable and not unjust, or unfair nor is to be regarded as violative of article 21 of ..... act. (3) whoever contravenes the provisions of sub-section (1) or sub-section (2) shall on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years, and with ..... bengaluru in lgc (g) no.1879/2017 (annexure .....
Tag this Judgment!Court : Karnataka
..... 4. 27.5 section 5 of the klgp act-2011 specifically contemplates for levy of penalty for other offences in connection with land grabbing and clauses (a) to (e) would indicate that on conviction of such person for contravention of the provisions of the act or in connection with any such land grabbing, same would be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and ..... , which belonged to the first respondent, without any lawful entitlement and with a view to or with the intention of illegally taking possession of such land or entering into the land for any of the purposes mentioned in clause (e) of section 2 of the act, summarised above.27.3 section 3 of klgp act-2011 states that 'land grabbing' in any form is prohibited and is declared unlawful and any activity connected with or arising out of land grabbing to be an offence, ..... .93. though law has given sanction of presumption of innocence until guilt is declared by a court of law in certain cases including the cases say, relating to preventing of corruption act, placing the burden of proof on the accused in reasonable and not unjust, or unfair nor is to be regarded as violative of article 21 of ..... act. (3) whoever contravenes the provisions of sub-section (1) or sub-section (2) shall on conviction, be punished with imprisonment for a term which shall not be less than one year but which may extend to three years, and with ..... bengaluru in lgc (g) no.1879/2017 (annexure .....
Tag this Judgment!