Court : Karnataka Dharwad
Decided on : Jun-02-2014
..... hereunder: "7. the law underwent a further change with the introduction of section 304-b in the penal code and section 113-b in the evidence act by the dowry prohibition (amendment) act, 1986. where the death of a woman is caused by burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her ..... but in any event, it has discharged the initial burden in showing the existence of all the ingredients as contemplated under section 304-b of ipc and section 113b of the evidence act. if such presumption was to be rebutted, there ought to have been rebuttal defense evidence to establish that there was any other cause for the ..... to the first accused nor can it lead to a conclusion that there is no evidence against the appellant only because they were charged under section 34 of ipc in addition to the charge under the substantive provisions, without reappreciating the evidence to come to a conclusion whether the charge against the first accused has been established .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-17-2014
..... valid notice within the purview of section 106 of the transfer of property act.26. even otherwise, section 106 of the transfer of property act has stood amended with effect from 31.12.2002 vide act 3 of 2003 of the parliament. sub section of 3 of section 106 of amended act, a notice under sub section 1 of section 106 shall not be deemed ..... that sub section. r.s.a.no.84/2007 27 c/w r.s.a.no.85/2007 section 3 of act 3 of 2003 provides for transitory provisions. the provisions of section 106 of the principal act as amended by section 2 shall apply to all notices in pursuance of which any suit or proceedings pending on the finding of ..... this act and all notices which would have been issued before commencing of this act, but where no suit has been filed before such commencement. therefore, .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-30-2014
..... .14. as per the provisions of the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990, a committee is constituted to verify the income and caste. the said act has stood amended by act no.27 of 1997, which received the assent on 29.09.1997. as per section 4-a, 4-b, 4 ..... state of karnataka vs. varadashankar chinnappa javalgi is not of any help, in the light of subsequent amendments to the above act. a specific mechanism is provided under the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990. hence, civil court s jurisdiction is impliedly barred, more particularly, in the light of an ..... -c and 4-d have been inserted to section 4 by virtue of act 27 of 1997. as per section 4, a caste verification .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-18-2014
..... to 2008-2009 and also directed the respondents not to precipitate the matter till the next date of hearing. however, the petitioners were given liberty to file applications for amendment and ordered to list the writ petitions on 15.04.2014. on 15.04.2014, the writ petitions filed in the year 2014 were listed along with writ petitions ..... observing that the enactment was passed in the year 1992 but the constitutional validity is challenged by the petitioners in the writ petitions 22 years after passing the said act in the year 2014 and that it is settled law that the initial presumption is that the statute passed by the state legislature or the parliament as valid unless ..... memo filed for posting ia-ii/2014 (vacating interim order). if the impugned order had been passed in an appeal filed under section 4 of the karnataka high court act, the matter would stand on a different footing. in our considered opinion, keeping in view the order made on 15.04.2014, the vacation bench entertaining a memo .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-30-2014
..... 14. as per the provisions of the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointments etc.) act, 1990, a committee is constituted to verify the income and caste. the said act has stood amended by act no.27 of 1997, which received the assent on 29.09.1997. as per section 4-a, 4-b, 4- ..... state of karnataka vs. varadashankar chinnappa javalgi is not of any help, in the light of subsequent amendments to the above act. a specific mechanism is provided under the karnataka scheduled castes, scheduled tribes and other backward classes (reservation ol appointments etc.) act, 1990. hence, civil court's jurisdiction is impliedly barred, more particularly, in the light of an ..... c and 4-d have been inserted to section 4 by virtue of act 27 of 1997. as per section 4, a caste verification .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-30-2014
..... the said judgment and decree dated 31.03.1980, an appeal was filed under section 96 of cpc in rfa1951980 before this court. in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of 8 pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and ..... the details of the marriage. taking into consideration the inconsistent stand of the 1 s t defendant and the manner in which he has chosen to get his written statement amended two years after the filing of the original written statement and the inconsistencies and suppression of material aspects from the 31 purview of the court by dws. 1 to ..... his only wife and defendants 5 2 to 4 are born out of his marriage with balawwa. two years after the filing of the written statement, it was got amended to include some material averments. according to the 1 s t defendant, the said venkavva was a lady of loose character and that she had lived with one desai .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-26-2014
..... taking that into consideration as on the date of marriage i.e., on 10.5.1974, she has attained the age of 15 years. by way of amendment to the hindu marriage act, the age is enhanced from 15 to 18 which is subsequent to the marriage i.e., with effect from 1.10.1978. in that view of the matter ..... of the deceased devendrappa. pw2 being the mother of the deceased has deposed as to the marriage of devendrappa with the 1st plaintiff. referring the hindu marriage act, 1955 as regards the amendment of marriageable age enhanced from 15 to 18 years, observed that at the time of marriage of 1st plaintiff she was aged more than 15 years and also ..... is also the vivid evidence of all the witnesses on behalf of the plaintiff. after thorough analysis of section 5 and other provisions like section 18 of the hindu marriage act, also referring to section 11 and 12 which deal with void and voidable marriages, this court in mallikarjunaiahs case, cited supra has that though legislature desired to discourage .....
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