Court : Karnataka Dharwad
..... further contended that the petitioner in crl.p.no.101492/2017 is an advocate on the panel of karnataka housing board and in view of section 2(c) of the prevention of corruption act, 1988, he is a public servant and therefore, sanction is required to proceed against him. accordingly, seeks to allow the petitions.4. ..... p.c. after taking cognizance of the alleged offence. 79. paragraph-24 of the judgment in priyanka srivastava s case (supra), is extracted herein below: 24. in cref finance ltd. vs. shree shanthi homes (p) ltd. (2005) 7 scc467 the court while dealing with power of the magistrate taking cognizance of the offences, has opined that ..... having considered the complaint, the magistrate may consider it appropriate to send the complaint to the police for investigation under section 156(3) of the code of criminal procedure, and again: (madhao vs. state of maharashtra, (2013) 5 scc615 para-18:18. when a magistrate receives .....
Tag this Judgment!Court : Karnataka Dharwad
..... the manner known to law :71. : and his statements on the basis of which the recovery was made were also marked in evidence in line with section 27 of the evidence act, 1872. it is on that basis that the court below had found the appellant guilty. the supreme court has refused to interfere with the sentence and ..... actual owner of the land. therefore, it is not evident that the proceeds of the sale was available with the accused to use for this illegal purpose of financing the contract of killing sheetal. this is not established with satisfactory evidence. for there is no dispute that there is a homicidal death and that it was sheetal ..... prosecutor, high court of karnataka, circuit bench dharwad. .. appellant .. respondent (by shri v.m.banakar, additional state public prosecutor) :6. : this criminal appeal is filed under section 374(2) of the code of criminal procedure, 1973 seeking to call for the records, allow the appeal and set aside the judgment of conviction and sentence dated 11.6 .....
Tag this Judgment!Court : Karnataka Dharwad
..... the manner known to law :71. : and his statements on the basis of which the recovery was made were also marked in evidence in line with section 27 of the evidence act, 1872. it is on that basis that the court below had found the appellant guilty. the supreme court has refused to interfere with the sentence and ..... actual owner of the land. therefore, it is not evident that the proceeds of the sale was available with the accused to use for this illegal purpose of financing the contract of killing sheetal. this is not established with satisfactory evidence. for there is no dispute that there is a homicidal death and that it was sheetal ..... prosecutor, high court of karnataka, circuit bench dharwad. .. appellant .. respondent (by shri v.m.banakar, additional state public prosecutor) :6. : this criminal appeal is filed under section 374(2) of the code of criminal procedure, 1973 seeking to call for the records, allow the appeal and set aside the judgment of conviction and sentence dated 11.6 .....
Tag this Judgment!Court : Karnataka Dharwad
..... the land, which shall thereupon vest absolutely in the state and there cannot be any restriction on khb.17. it is important to note that section 38 of the khb act is very clear that khb may retain, lease, sell, exchange or other dispose of, any land, building or other property vesting in it ..... in order to prevent arbitrariness or favoritism. however, there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finance of the state. it is expected to protect the financial interest of the state. there can be no question of infringement of article 14 if the ..... of 2016 and1 the commissioner, karnataka housing board, cauvery bhavan, bengaluru.2. assistant executive engineer, karnataka housing board, chanukyapuri, hubballi, dist: dharwad.3. assistant revenue officer, allotment section, karnataka housing board, chanukyapuri, hubballi, dist: dharwad. respondents (by sri. basavaraj v. sabarad, sr. counsel for sri. h.r. gundappa, adv. for r1-r3) this .....
Tag this Judgment!Court : Karnataka Dharwad
..... is bereft of any material or 'reason to believe' that the petitioner is guilty of fraudulent transaction or is ineligible under section 16 of the cgst act.13. from the aforesaid, it is evident that the powers under rule 86a of the rules of 2017 can be invoked or ..... industrial area, auto nagar, belagavi-590016, gstin29avfk6707d1zx. ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395 belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, ..... 3 - wp no.104242 of 2023 & connected matters ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395, belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, belagavi .....
Tag this Judgment!Court : Karnataka Dharwad
..... is bereft of any material or 'reason to believe' that the petitioner is guilty of fraudulent transaction or is ineligible under section 16 of the cgst act.13. from the aforesaid, it is evident that the powers under rule 86a of the rules of 2017 can be invoked or ..... industrial area, auto nagar, belagavi-590016, gstin29avfk6707d1zx. ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395 belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, ..... 3 - wp no.104242 of 2023 & connected matters ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395, belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, belagavi .....
Tag this Judgment!Court : Karnataka Dharwad
..... is bereft of any material or 'reason to believe' that the petitioner is guilty of fraudulent transaction or is ineligible under section 16 of the cgst act.13. from the aforesaid, it is evident that the powers under rule 86a of the rules of 2017 can be invoked or ..... industrial area, auto nagar, belagavi-590016, gstin29avfk6707d1zx. ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395 belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, ..... 3 - wp no.104242 of 2023 & connected matters ... petitioner (by sri santosh pujari, advocate) and:1. . the state of karnataka, r/by the principal secretary, finance department, government of karnataka, bengaluru-560016. 2 . the assistant commissioner of commercial taxes, lgsto-395, belagavi & nodal officer dgsto, belagavi, club road, sumoulya soudha, belagavi .....
Tag this Judgment!Court : Karnataka Dharwad
..... how a person's age is legally construed and how it is understood in common parlance. the expressly legislature has 12 provided in section 4 of the indian majority act, 1875 that how the age of majority is to be computed. it reads:"4. age of majority how computed- in computing the ..... match is best interpreted when we know why it was enacted. with this knowledge, the statute must be read, first as a whole and then section by section, clause by clause, phrase by phrase and word by word. if a statute is looked at, in the context of its enactment, with ..... on the text and the context. we may usefully refer to the judgement of the hon ble supreme court in the case of rbi v. peerless general finance & investment co. ltd. reported in (1987) 1 scc424at page 450 wherein it is held as follows: the contextual. a statute 33. interpretation must ..... 12. the tabular column in the g.o. reads as follows:- 7 ap :1. 4.2006 g az az t z g g /p l a az t z g g ap :1. 4.2006 jaz z j w ai 1) 80 jaz 85 ai m v ju 2) 85 jaz .....
Tag this Judgment!Court : Karnataka Dharwad
..... to be followed especially having regard to the requirement of, to prove a secondary evidence as is contemplated under section 65 of the indian evidence act more particularly section 65(b) of indian evidence act. guidelines already issued for collection of electronic evidence and certificate thereof is not even adhered to by the prosecution ..... fact, guidelines on extraction of hash value are also given in digital evidence investigation manual central board of direct taxes department of revenue, ministry of finance, government of india.67. further, in the globe similar situations are already dealt with. sophisticated equipments are put to use and scientific methods have ..... evidence of complainant shows he gives evasive answer and claims lack of memory, exaggerates material facts. his evidence is unworthy of credence. 2004(2) kccr1233 2006(3) kccr1445 (cid:1) overall assessment of matter disclosing that prosecution story was not true accused entitled to acquittal 1985 criminal law journal 504. ( .....
Tag this Judgment!Court : Karnataka Dharwad
..... as could be seen from the statutory framework, the power to inspect and seize the goods is granted to the proper officer under section 67 and under section 129 of the act. 4291. under section 67, if (a) the taxable person has suppressed any transaction relating to the supply of goods or services or both or (b ..... confiscation, the petitioner preferred an appeal to the joint commissioner, office of the commissioner of gst & central excise (appeals), belagavi, under sub-section (11) of section 107 of the cgst act.9. the appellate authority, on consideration of the appeal, concurred with the view taken by the deputy director and proceeded to dismiss the appeal. ..... karnataka 577 116. represented by its proprietor, sri. rajeev ranjan. petitioner (by sri.venkatesh kumar.s., adv.) and:1. union of india, through its secretary, ministry of finance, department of revenue, room no.137, north block, new delhi 100 001.2. the joint commissioner of central gst & central excise (appeals) no.71, club road, .....
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