Court : Karnataka
Reported in : 1998CriLJ2237; 1998(3)KarLJ159
..... is an offence which is done by a person, who at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act or that what he is doing is either wrong or contrary to law. in view of this situation, the conviction recorded against the accused is unsustainable in law and will ..... acts/rules/orders:indian penal code, 1860 - section 84;criminal procedure code, 1973 - section 333, 334 and 335case referred:sanna eranna v. state of karnataka, 1983(1) kar. l.j. 115judgementm.f. saldanha, .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)KarLJ620
..... further delay the whole proceedings. the court had discretion and considering the circumstances, it can exercise power in favour of any party, either grant opportunity or refuse it. any such act of the court, it cannot be said that there is any illegality or material irregularity. the order in this case has been passed under section 151 of the cpc. it .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR2806; 2005(3)KarLJ629
ORDERK.L. Manjunath, J.1. The petitioners are the defendants in O.S. No. 325 of 2002 on the file of the Civil Judge (Senior Division), Gulbarga. In the suit, the petitioners filed the written statement and thereafter, the plaintiff filed an application under Order 6, Rule 17 of the CPC seeking permission of the Court to amend the plaint. The amendment application filed by the respondent-plaintiff was allowed. Thereafter, the petitioners also filed additional written statement. After filing of the additional written statement, the petitioners filed application seeking permission of the Court to withdraw the earlier written statement filed by them and to substitute the new written statement. The application filed by the petitioners has been rejected by the Court below. Challenging the legality and correctness of the present petition is filed.I have heard Sri P.S. Mali Patil for the petitioners.2. The only question to be considered by this Court in this petition is whether under Order 8, ...
Tag this Judgment!Court : Karnataka
Reported in : 1971CriLJ1352
..... against him.3. sri mandagi, the learned counsel appearing on behalf of the petitioner has not challenged the conviction of the petitioner under section 135 (b) (ii) of the customs act, 1962. he has challenged the correctness of the conviction of the petitioner for the offence of contravening rule 126-p (2) (ii) of the rules.the contention of sri mandgi ..... to undergo imprisonment for six months and to pay a fine of rs. 500/-. he has further been convicted for an offence under section 135(b) (ii) of the customs act, 1962, and sentenced to pay a fine of rs. 500/- in default to undergo simple imprisonment for 90 days. the appeal filed by the petitioner against the said conviction and .....
Tag this Judgment!Court : Karnataka
Reported in : 1978CriLJ1367
..... the relevant provisions relating to bail in the old code as well as in the new code, we ultimately hold that the provisions contained in the cr. p.c., 1973 (act ii of 1974) clearly extend the periphery of the powers of the high court to grant bail in a case involving an offence punishable with death or imprisonment for life ..... ordern.r. kudoor, j.1. this petition is one under section 439 of the cr. p.c., 1973 (act 2 of 1974) (hereinafter referred to as the 'new code') by the petitioner sangappa who is a-l in sessions case no. 46 of 1977 on the file of the .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR715
..... effectthus, where in a suit for declaration of title and possession of agricultural land, the defendant contended that he was a tenant of the land from 1954 to 1961 and, thereafter, became owner, pursuant to an agreement for sale and family arrangement, held that the civil court has jurisdiction to try the issue relating to ..... has vested in the state government. therefore, the question of tenancy referred to by the plaintiff refers only to the past tenancy.12. section 133 of the land reforms act reads, as --'suits, proceedings, etc., involving questions required to be decided by the tribunal.-- (1) notwithstanding anything in any law for the time being in force - ..... was the tenant under one smt. padmavathamma and later under one smt. hemavathi, the 1st defendant. the tenancy ceases after coming into force the karnataka land reforms act and the land vests with the government. the said hemavathi lost her right. she do not have any manner of right, title or possession interest over the property .....
Tag this Judgment!Court : Karnataka
Reported in : [1992]196ITR832(KAR); [1992]196ITR832(Karn)
1. It appears to us that the judgment under appeal cannot be interfered with since it has correctly applied the Board's circular. 2. Rejected. ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1994KAR470
ORDERS.B. Majumudar, C.J.,1. Learned Counsel for the appellants submits that the office has wrongly demanded Court fee of Rs. 400/- from the appellants. This Appeal arises out of a common Order in the Writ Petitions by which interim relief was not granted to the petitioners. It is submitted placing reliance on a Decision of the Division Bench of this Court dated 22nd July 1986 in Writ Appeals Nos.1877 to 1887 of 1986 that the appellants have got a common grievance against a common ad interim order and therefore it is unnecessary to file separate Appeals by paying separate Court fee.2. In our view, this Decision is rendered per incuriam for the simple reason that Rule 7 of the Writ Proceedings Rules 1977 read with Rule 36 thereof has not been noticed by the Division Bench. The said Rules 7 and 36 of the said Rules read as follows:-'7. PROCEDURE FOR FILING COMMON OR JOINT PETITIONS: (1) Several persons having similar but separate and distinct interest in the subject matter of controversy...
Tag this Judgment!Court : Karnataka
Reported in : 1972CriLJ1665
..... be except where arrangement outside the vehicle for the issue of ticket in advance has been made. contravention of this provision is punishable under section 112 of the motor vehicles act. it is therefore clear from this rule that the conductor while on duty. shall issue to every passenger travelling or intending to travel in the stage carriage a ticket on .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant12; ILR1986KAR1523
..... the board has contributed rs. 11,000/- for the purpose of construction of the mosque. the petitioner has failed to have the wakf registered under chap. iv of the act. if only the petitioner had got it registered as wakf, it would have been entered in the register of wakfs which is required to be maintained under s. 26 of ..... his own or at the instance of the members of the muslim community of the village it was his duty to have the wakf registered under chap. iv of the act. in addition to this, it is pertinent to note that the board has contributed considerable sum for reconstruction of the mosque in question. it is stated in the petition ..... the board to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and purposes for which wakfs were created or intended. under s. 15(2)(g) of the act, one of the functions of the board is to appoint and remove mutawallis in accordance with the provisions .....
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