Court : Karnataka Kalaburagi
..... the incident and if the evidence of such witness is cogent, consistent and worth believable, the court can rely upon such evidence to base the conviction. as per section 134 of the evidence act, what is required is quality of the evidence and not the quantity of the evidence. the court has to weigh the evidence and not to count the evidence ..... seizure by the investigating officer at the instance of accused no.2. therefore, the said seizure is not in accordance with and in compliance with the requirement of section 27 of the evidence act. even if it is accepted that mo.10 knife seized as per the voluntary statement of a.2 again it is contrary to evidence of pws.1 to ..... 1- complainant, there is no mention that pw.2- channaveer @ babu is the eyewitness to the incident. it has come on record, while conducting the inquest mahazar on 05.07.2007. it was not known that who are the assailants and there was only suspicion. so all these material goes to show that the prosecution has planted pw.2, as the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... information about the appellant. he has merely emphasized that the appellant was regularly attending namaz. pw.1, pw.11 and pw.12, were employees of m/s shriram finance co., through which money had been transferred from saudi arabia to india and they had confirmed that the same had been drawn by the appellant. there is no ..... 20,000/- at a time. he had also drawn a further sum of rs.7,500/- on 24.1.2006, also originating from saudi arabia through m/s shriram finance, gulbarga. pws.1, 11 and 12 have spoken about the money transactions namely, that there was money transfer from saudi arabia to gulbarga, favouring the appellant. it ..... grant such prior sanction in respect of offences punishable under the uap act. it is submitted that there is a notification duly published in the gazette of india dated 21.6.2007, whereby the central government has, in exercise of power conferred under section 45 of the uap act, authorised the secretaries of the state government to exercise powers to sanction .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... text of the amendment itself clearly provides that the right conferred on a daughter of a coparcener is on and from the commencement of hindu succession (amendment) act, 2005 . section 6(3) talks of death after the amendment for its applicability. in view of plain language of the statute, there is no scope for a different ..... the date of adjudication of the pre-emption suit and the appellate court was not required to take into consideration the substituted provision introduced by section 15 of the amended act.-.48- thus, the hon ble supreme court, in the aforesaid decisions has borne in mind the distinction between substantive law and procedural law in ..... female relative in class i, or (ii) when the deceased had made a testamentary disposition of his undivided share in the coparcenary property. under section 30 of the said act, a coparcenary could make a testamentary disposition of his undivided interest in joint family property. a share of the deceased -36- coparcenary in hindu mitakshara .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... criminal procedure for enhancement of compensation and the unfortunate mother either to invoke the provisions of section 125 of code of criminal procedure or to invoke the provisions of the maintenance and welfare of parents and senior citizens act, 2007 against their sons for the appropriate relief. 32. in view of the above, the ..... procedure is both time consuming as well as expensive. therefore the legislature thought it fit to enact the maintenance and welfare of parents and senior citizens act, 2007 to provide for more effective provisions for the maintenance and welfare of parents and senior citizens guaranteed and recognized under the constitution. in view of the ..... court in the case of nanak chand v. chandra kishore reported in air 1970 sc 446 held that there is no inconsistency between the maintenance act and section 488, criminal procedure code. while dealing with this aspect of the matter under the old code of criminal procedure, the supreme court observed as under: the learned .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth. (emphasis supplied). section 3 of the same act also defines attached to the earth stating that, it means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in ..... deceased veeresh intended to start an electrical goods manufacturing unit in the said plot allotted in the industrial area, raichur. for this purpose, he was in need of finance. therefore, the alleged gift deed came into existence only for the purpose of facilitating deceased veeresh to raise loan on the property comprised in the gift deed. neither ..... relied upon by the learned counsel for respondent nos.1 and 2 in his support, which is in the case of asokan vs- lakshmikutty and others, reported in [(2007) 13 scc210, the hon ble apex court at paragraph-30 of the judgment was pleased to observe that, once a gift is complete, the same cannot be rescinded. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... where the property is land, the easements annexed thereto, the rents and profits thereof accruing after the transfer, and all things attached to the earth. (emphasis supplied). section 3 of the same act also defines attached to the earth stating that, it means (a) rooted in the earth, as in the case of trees and shrubs; (b) imbedded in ..... deceased veeresh intended to start an electrical goods manufacturing unit in the said plot allotted in the industrial area, raichur. for this purpose, he was in need of finance. therefore, the alleged gift deed came into existence only for the purpose of facilitating deceased veeresh to raise loan on the property comprised in the gift deed. neither ..... relied upon by the learned counsel for respondent nos.1 and 2 in his support, which is in the case of asokan vs- lakshmikutty and others, reported in [(2007) 13 scc210, the hon ble apex court at paragraph-30 of the judgment was pleased to observe that, once a gift is complete, the same cannot be rescinded. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... committed by the petitioners and other accused. therefore, certain rights are conferred to the victim and witnesses under the sc/st act.18. sub-section (5) of section 15-a of the sc/st act guarantees a right to a victim or dependents to participate in any proceedings thus right of audi alterm partem is conferred. for ..... conferred on the victim or his/her dependents to participate in the proceedings initiated under the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 as enumerated in section 15-a, as discussed above. therefore, the first informant/complainant/victim or dependents shall be made as a party in the proceedings and issue ..... courts and on the public prosecutor / special 23 public prosecutors and also on station house officers of the police stations.21. sub-section 12 of section 15-a of the sc/st act confers right on the atrocity victim or dependents to take assistance from the non-government organizations, social workers or advocates. therefore, a .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... committed by the petitioners and other accused. therefore, certain rights are conferred to the victim and witnesses under the sc/st act.18. sub-section (5) of section 15-a of the sc/st act guarantees a right to a victim or dependents to participate in any proceedings thus right of audi alterm partem is conferred. for ..... conferred on the victim or his/her dependents to participate in the proceedings initiated under the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989 as enumerated in section 15-a, as discussed above. therefore, the first informant/complainant/victim or dependents shall be made as a party in the proceedings and issue ..... courts and on the public prosecutor / special 23 public prosecutors and also on station house officers of the police stations.21. sub-section 12 of section 15-a of the sc/st act confers right on the atrocity victim or dependents to take assistance from the non-government organizations, social workers or advocates. therefore, a .....
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..... work r/o near iqra school bagayat galli vijayapura-586101 respondent (by sri r.j.bhusare, advocate) 2 this miscellaneous first appeal is filed under section 19(1) of the family court act, praying to set aside the judgment and decree dated 02.04.2018 passed by the family court, vijayapur in os no.47/2016 by dismissing the ..... it is also pertinent to refer to another division bench decision of hon ble kerala high court in saidali k.h. vs. v. saleena, mat. appeal no.94/2007 disposed off vide judgment dated 22.10.2008; hon ble justice harun-ul-rashid heading the bench appreciably and tellingly observed as under:9. 11. the practice of having ..... is continuing without any restriction. most of such marriages are illegal since they are against quranic injunctions... 10 (e) there is no dispute that section 2 of the dissolution of muslim marriages act, 1939 recognizes cruelty of conduct of the husband as a ground for the dissolution of marriage at the instance of aggrieved woman married under muslim law .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... -conduct of the elections was not attributable to them and that therefore the government had continued the existing board in exercise of its power under section 121 of the act of 1959. the learned government advocate contended that the postponement was due to a pandemic which resulted in suspended animation of all activities in the ..... respect of the co-operative societies in these petitions is directed not to take any policy decision in respect of the co-operative society affecting its constitution / finances and not to admit any new members or remove / suspend any existing members and shall not politicise the co-operative society by taking sides with any ..... members in respect of sugar co-operative societies is extended while the same benefit is not extended, is an act seeking the extension of negative equality. in vishal properties (p) ltd. vs. state of uttar pradesh reported 2007 (11) scc172and in bondu ramswamy 140 vs. bangalore development authority and others reported in 2010 (7) scc129 .....
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