Court : Karnataka Dharwad
..... hold that inherent power of the courts to stay proceedings in one more case cannot be exercised to defeat a decree or eviction order in violation of the act. under these circumstances also, sec. 151 cpc is also not available to the respondent-judgment debtor to seek stay of further proceedings in e.p. no.18/2012 pending disposal of o ..... granted mesne profits in their favour. aggrieved by the said judgment and decree passed by the trial court, the respondent herein preferred an appeal in r.a. no.8/2006 on the file of the civil judge, yallapur. the said appeal was allowed by the first appellate court vide judgment and decree dated 13.12.2007, as a result ..... said suit was subsequently transferred to the court of civil judge, haliyal (trial court) and re-numbered as o.s. no.79/2003. by judgment and decree dated 07.09.2006, the trial court decreed the suit in favour of the petitioners against the respondents, thereby directing the respondents to hand over possession of - 4 - wp no.103071 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... evidence. md. mannar @ abdul mannan s case referred supra also applicable to the facts of the case on hand regarding discovery and recovery for invoking section 27 of the evidence act. the defence relied upon mahendra singh case regarding unreliable witness, and the same is not applicable since evidence of prosecution witness are reliable except minor ..... be of homicidal hanging, presence of appellant on the scene of occurrence at the time of occurrence not established by any persuasive evidence, presumption under section 106 of evidence act, 1872 is not attracted and considering all evidence, it would be wholly unsafe to hold the appellant guilty of the charge of murder of his ..... of the accused persons.13. learned counsel also relied upon the judgment of the apex court in ramjee rai & ors. vs. state of bihar reported in 2006 (4) crimes225and brought to notice of this court the observation made by the apex court that medical evidence regarding time of death may vary and medical evidence .....
Tag this Judgment!Court : Karnataka Dharwad
..... the material on record, the question would arise for our consideration is: (1) whether the trial court committed an error in convicting the appellant for the offence punishable under section 302 of ipc and passing the sentence and whether it requires interference?. (2) what order?. point no.1:9. having heard the learned counsel appearing for the respective ..... trial court fails to take note of the said fact into consideration. the counsel would vehemently contend that the judgment of the apex court passed in crl.a.no.2006/2023 is aptly applicable to the facts of the case on hand. the counsel also would vehemently contend that from the date of arrest, this appellant is in ..... for an act committed with a knowledge that his act is likely to cause death without intent to cause such bodily injury as is likely to cause death, it would be unsafe to treat intent and knowledge. the court has to look into the intent and knowledge whether the same brings the case within the ingredients of section 300 or .....
Tag this Judgment!Court : Karnataka Dharwad
..... which is untrue, then it can be treated as an additional link in the chain of circumstances against the accused to make it complete, the evidence act, 1872 in respect of section 106 and iii(b). in the instant case, the deceased vivek, who is none other than the husband of accused no.1 shilpa, neither the ..... pw15, relating to establish the motive behind for committing the murder. the trial court has considered the aforesaid evidence and so also the scope of section 106 of the indian evidence act and has rightly come to the conclusion that the prosecution has proved the guilt of the accused and held conviction against the accused. therefore, ..... learned addl. spp has further placed reliance in the case of trimukh maroti kirkan vs. state of maharashtra, reported in (2006)10 scc681 wherein the hon ble supreme court of india addressed the scope of section 302 of ipc, 1860, the circumstantial evidence, burden of proof, no explanation or false explanation against the incriminating circumstance(s) .....
Tag this Judgment!Court : Karnataka Dharwad
..... how such a disability could be allowed to be retained in the statute book in respect of the property which had devolved upon the female heirs in terms of section 8 of the act read with the schedule appended thereto. (emphasis supplied) 26. there is a clear admission by dw.1 that the houses belonged to joint family. ex.p.14 to ..... mutated to their exclusive names. that means the houses were allowed to remain undivided. it is made clear in the case of g.saker that restrictive right contained in section 23 of the act cannot be held to remain continuing - 23 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 despite the 2005 ..... . khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 (iv) .. (v) in view of the rigor of provisions of explanation to section 6(5) of the act of 1956, a plea of oral partition cannot be accepted as the statutory recognized mode of partition effected by a deed of partition duly registered under the provisions .....
Tag this Judgment!Court : Karnataka Dharwad
..... how such a disability could be allowed to be retained in the statute book in respect of the property which had devolved upon the female heirs in terms of section 8 of the act read with the schedule appended thereto. (emphasis supplied) 26. there is a clear admission by dw.1 that the houses belonged to joint family. ex.p.14 to ..... mutated to their exclusive names. that means the houses were allowed to remain undivided. it is made clear in the case of g.saker that restrictive right contained in section 23 of the act cannot be held to remain continuing - 23 - nc:2023. khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 despite the 2005 ..... . khc-d:11980-db rfa no.100221 of 2016 c/w rfa no.100197 of 2016 (iv) .. (v) in view of the rigor of provisions of explanation to section 6(5) of the act of 1956, a plea of oral partition cannot be accepted as the statutory recognized mode of partition effected by a deed of partition duly registered under the provisions .....
Tag this Judgment!Court : Karnataka Dharwad
..... under section 13 of hindu marriage act for dissolution of the marriage is questioned by the wife/applicant before the court below, in this appeal. 2 ..... (prayer: this appeal is filed under section 28 of hindu marriage act, 1955, against the order and decree dated 14.09.2009 passed in m.c. no. 41/2007 on the file of the prl. civil judge (sr. dn.), bagalkot, rejecting the petition filed u/sec 13 of the hindu marriage act and etc.) 1. the judgment and order of rejection of the application filed .....
Tag this Judgment!Court : Karnataka Dharwad
..... ; (2) incurable mental disorder and (3) suppression of material fact. however, marriage having consummated, since the relief is for dissolution of marriage under section 13 of the act, the family court raised points of consideration in respect of first two items of the above and answered both against the wife.11. the marriage was ..... suffering with incurable mental disorder and has allowed the petition. the wife during the trial before the family court had filed an application under section 24 of the act. without passing any order on her application, the family court hurried to adjudicate the case on its merits, that has resulted in serious ..... sleep. after restarting the medicines, she improved. again during march 2005, the symptoms recurred when she discontinued medicine. again with treatment, she recovered. in september 2006, medicine was to be re- adjusted, due to mild increase in symptoms. during her symptoms, she confides her experience with others. her behaviour is not disturbing .....
Tag this Judgment!Court : Karnataka Dharwad
..... is decided on merits. (a) the maxim actus curiae neminem gravabit, which means that an act of the court shall 6 prejudice none, applies in full measure. petitioners no.1 and 2 had a cause of action to challenge the vires of section 6 of the ordinance, 1943, when the petition was filed in the year 2011. then ..... etc. vs nergesh meerza and others 1981 air1829 13 (vii) indra sawhney vs union of india air1993sc477 (viii) m. nagaraj and others vs union of india and others 2006. (ix) jarnail singh vs lachhmi narain gupta 2018. (x) sant lal bharti vs state of punjab 1988 air485 9. the questions that need to be answered are; (a ..... provisions to achieve the goal set out in article 14.11. segregation of unequal to provide permissible protection or accommodation or to confer some advantage to the marginalised section of society is not only desirable but also a constitutional imperative. however, such an obligation has certain limitations. the classification must pass the well-established twin test. .....
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