Court : Karnataka Kalaburagi
..... be set aside. accordingly the same is set aside and the accused/appellant has been acquitted from the charges leveled against him u/sec.504. 332 of indian penal code and u/sec.3(1) (x) of sc/st (pa) act. keeping in view the above facts and circumstances i pass the following: order appeal is allowed. accused/appellant is acquitted for the ..... the complaint as per ex.p.1. the police registered the case in crime no.254/2009 for the offences punishable u/sec.353, 332, 504 of indian penal code and also u/sec.3(1) (x) of sc/st (pa) act, 1989. after investigation, the charge sheet was came to be filed. 3. after filing of the charge sheet, the learned sessions ..... offences u/sec.504. 332 of indian penal code and u/sec.3(1) (x) of sc/st (pa) act in s.c. no.69/2010 by .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... or other cause for the accident. the trial court and the 1st appellate court were justified in convicting the accused for the offences punishable under sections 279 and 304-a of ipc and section 187 of motor vehicles act. in this behalf the findings of the both the courts below deserves to be confirmed. 19. second contention of the accused/petitioner is that ..... the judgment of conviction and sentence passed by jmfc court lingasagur in cc no.302/2007 dated 21-10-2010 has been confirmed under sections 279, 304-a of ipc and also under sec. 187 of m.v. act. 2. the gist of the allegation as per the complaint are that, on 16-04-2007 at about 6.45 p.m., when the ..... accused/petitioner for the offence punishable u/s 279 of ipc is set aside and the judgment of sentence passed by the trial court u/sec.304-a of ipc and u/s 187 of m.v. act is confirmed. however, it is made clear that the sentences for above said offences should run concurrently. petitioner is entitled for set off as .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 15 which the required number of elected members are available to constitute a quorum as stipulated under sub-rule (4) of rule 14-ak.19. sub-section (2) of section 29(a) of the act states that the board shall be deemed to be constituted on the availability of the elected members. in the instant case, the majority as defined by ..... resignation by a majority of members of the board would indeed result in automatic dissolution of the 11 board in the light of the provisions of sub-section (3) of section 31 of the act which mandates that the remaining members cannot constitute a quorum and they shall vacate or shall be deemed to have vacated their offices. in the light ..... special officer, the term of whose appointment shall not exceed six months. he would further draw the attention of this court to the provisions of sub-section (2) of section 31 of the act which mandates that the registrar is not required to provide any opportunity to any member or the society, while passing the order u/s 31 of the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , geographical, or according to objects or occupations or the like. what is necessary is that there must be a nexus between the basis of classification and the object of the act under consideration. it is also well established that article 14 condemns discrimination not only by a substantive law but also by a law of procedure .7. it is well settled .....
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..... right to maintenance, it cannot be denied that she has acquired limited right or interest in the property. that is clear from the language of section 14(1) of the act. therefore, it is clear that when a husband intended to give away the property in dispute absolutely in lieu of maintenance or recognizing right of ..... decisions explained, as to under what circumstances a female hindu would get an absolute right over a property as an absolute property under section 14 of the hindu succession act.30. section 14 of the hindu succession act, gainfully extracted which reads as follows: 14. property of a female hindu to be her absolute property.- (1) any property possessed ..... not get any right over the property?.2) whether the trial court has committed any serious legal error in not properly drawing the presumption under section 90 of indian evidence act with reference to the registered gift deed executed by smt. laxmibai in favour of the defendant on 30.01.1969 and further erred in not considering .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... s.no.34/1969. it is contended that the trial court and the first appellate court have not properly appreciated the application filed under section 14 of the limitation act. because section 14 of the limitation act is only applicable if a person is prosecuting a case in a wrong forum and where the court has no 20 jurisdiction to try ..... par with the immovable properties, the rights have to be given up only in accordance with law prevailing at that particular point of time. according to section 17 of the registration act, any relinquishment of the property should be done by way of a 54 registered document. but there is no material placed before the court that the ..... not committed any serious error in holding that the plaintiff s suit is maintainable.45. as i have already noted that, even excluding the application filed under section 14, of the limitation act, there is no bar to file fresh suit on the different cause of action at any point of time. even considering this particular aspect, as i .....
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..... prescribe other safety measures for the drivers of two wheeled motorcycles and pillion riders thereon. 24. sri babu h. metagudda, learned counsel submits that since section 128 of the act is not punitive, the claimants being the real victims of the accident and the dependents of the deceased shall not be made to suffer for the lapses ..... hence, neither of the deceased persons can be held responsible for the accident. carrying two pillion riders on the motorcycle though may be in violation of section 128 of the mv act as far as the deceased are concerned being a pillion riders, they are not parties to the contributory negligence. being the victims of the accident, the ..... no.ap-26/n-1171 without valid driving licence. he was guilty of triple riding of the motorcycle in violation of 11 provision of section 128 of motor vehicles act (for brevity the act ) therefore the owner and insurer of the motorcycle are necessary parties to the proceedings and not arraying them as respondents in the claim .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... takes place. further more, when the legislature has used the word transfer it at once invokes the provisions of the transfer of property act. under section 122 of the transfer of property act, gift is defined thus : gift is the transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one ..... in debi saran koiri v. nandalal chubey air1929pat 591 while elucidating the nature and character of a gift sahay. j.made the following observations; now, section 122, t.p. act, defines gift as a transfer of certain existing moveable or immovable property made voluntarily and without consideration, by one person, called the donor, to another ..... deed of gift signed by the donor and attested by two witnesses. therefore, the requirement of the law as incorporated in the section is satisfied. section 68 of the indian evidence act, 1872 makes a provision regarding proof of execution of a document required by law to be attested. therein it is laid down that .....
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..... division) and cjm, 26 raichur, dated 07.11.2017 in pcr no.12/2017 in directing the police-sub-inspector of yeregera police to register fir and conduct investigation under section 156(3) of cr.p.c., is hereby quashed. consequently, the complaint which is registered by yeregera police of raichur district in crime no.295/2017 for the offences punishable ..... petitions coming on for preliminary hearing this day, the court made the following:- order these writ petitions are filed under articles 226 and 227 of constitution of india r/w section 482 of cr.p.c. seeking quashing of order dated 07.11.2017 passed by learned civil judge (sr.dn.) & cjm, raichur in pcr no.12/2017 vide annexure ..... in the charge sheet which is filed in charge sheet no.33/2016. when those two documents with reference to complaint referred to therein is looked into, there is deliberate act on the part of police to give up many of the offences which are seen in the complaint and they have diluted that in such a way that though the .....
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..... depicts that, there is valid marriage between the first petitioner and respondent. therefore, the respondent is bound to maintain the wife/first petitioner as contemplated under section 125(i) (a) of code of criminal procedure. unfortunately the learned judge/family court has not at all considered all these material facts, while proceeding ..... between the first petitioner and her husband not dissolved. therefore she is not entitled for any maintenance. 15 15. the family court failed notice the scope of section 125 (i) (a) of code of criminal procedure, which clearly depicts that any person having sufficient means neglects or refuses to maintain his wife, unable ..... layout veeresh nagar behind jnanodaya school gulbarga-585103. ... respondent (by sri.huleppa heroor, advocate) 2 this rpfc is filed under section194) of the family court act praying to call for the record of the case and be pleased to modify the impugned order dated2107.2016 passed by the district judge family court, at kalaburagi .....
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