Court : Karnataka
..... upon his sexual orientation. he would submit that there is neither instigation, goading nor proximity to the death of the deceased as is necessary for the offence punishable under section 306 of the ipc. he would seek to place reliance upon plethora of judgments of the apex court as well as of this court to contend that the crime has ..... this day, the court made the following:- order the petitioners are before this court calling in question the fir registered in crime no.151 of 2023 for offences punishable under sections 306 and 34 of the ipc.2. shorn of unnecessary details, facts in brief, germane are as follows: the 1st petitioner is employed as deputy general manager in marketing; ..... of the cr.p.c., directing them to appear before the investigating officer in the said crime. the offences under section 3(1)(r) and (s) of the 1989 act are challenged in a writ petition and the same is stayed by this court. in the teeth of the said order no such notice could be issued by the investigating .....
Tag this Judgment!Court : Karnataka
..... that a letter dated 23-12-2022 is sent to the truth labs forensic science laboratory at bangalore to avail the certificate of electronic evidence under section 65b of the evidence act (attached herewith as the list of document no.16).26. that the complainant has issued a letter dated 24-12- 2022 to the president of ..... institution and the judiciary need to know the truth.28. it is submitted that the incidence constituting the offence under section 305 read with section 34 of the indian penal code and section 17 of the right to educati0on act, 2009. it is submitted the police have not taken any action against the accused persons. to date, no ..... learned magistrate. the private complaint reads as follows: complaint filed under section 200 r/w section 156(3) of the criminal procedure code, for the offence under section 305 of the ipc read with section 34 and section 499 of the indian penal code with section 17 of the right to education act. facts of the case:- 1. the complainant above named, mr. .....
Tag this Judgment!Court : Karnataka
..... instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is to be punished with the punishment provided for the original ..... statement of the deceased there is no other pointed evidence from which it could be inferred that there was any abetment so as to bring the acts of the appellants within section 306 i.p.c. under which the appellants have been punished. the dying declaration, per se, could not involve the appellants in offence punishable under ..... has held as follows:10. 2021 scc online sc73728 23. what is required to constitute an alleged abetment of suicide under section 306 ipc is there must be an allegation of either direct or indirect act of incitement to the commission of offence of suicide and mere allegations of harassment of the deceased by another person would not .....
Tag this Judgment!Court : Karnataka
..... the petitioner could be allowed to undergo the rigmarole of trial. the contention of the learned high court government pleader is that there are offences under section 17 of the pocso act and section 114 of the ipc alleged against the petitioner. he would, therefore, contend that the offence of abetment can always be alleged against the petitioner. ..... ii additional district and sessions judge, kodagu-madikeri sitting at virajapet for the offence p/u/s.363, 376, 114, 34 of ipc and sec.4, 5l, 6, 17 of pocso act. this petition, coming on for admission this day, the court made the following: order the petitioner is before this court calling in question proceedings ..... of the instigation, or in pursuance of the conspiracy or with the aid, which constitutes the abetment. section 17 of the pocso act deals with punishment for abetment and its ingredients are found in section 16. section 16 of the pocso act reads as follows: 16. abetment of an offence. a person abets an offence, who first. instigates .....
Tag this Judgment!Court : Supreme Court of India
..... of the kerala vat act which covers "mosquito repellants . 9.1 even otherwise it is required to be noted that entry 44( ..... at 12.5%. the insecticides under entry 44(5) therefore can be said to be a general entry. once there is a specific entry the mosquito repellant , thereafter one is not required to go to the definition under another act namely insecticides act. sl.no.66 of notification sro8206 dated 21.01.2006 issued under section 6(1)(d) ..... 5) which includes insecticides relates to products which are used in agricultural operations. all the products in the entry .....
Tag this Judgment!Court : Karnataka Dharwad
..... person instigates any person to do that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is 27 to be punished with the punishment provided for the ..... reason for commission of suicide by his wife in the matrimonial home, failing which, adverse inference can be drawn as per the provision of 13 section 106 read with section 114 of indian evidence act. as such he prays to dismiss the appeal.15. having heard the learned counsel for both the sides and having perused the documents, the points ..... whoever, either prior to or at the time of the commission of an act, does anything in order to facilitate the commission of that act, and thereby facilitate the commission thereof, is said to aid the doing of that act.34. the legal position as regards section 306 ipc which is settled by the hon ble apex court in catena of .....
Tag this Judgment!Court : Supreme Court of India
..... who were its major shareholders/promoters. mil used to manufacture pesticides, insecticides and their intermediaries classifiable under chapter 38, central tariff act, 1985 (hereafter 1 dated 23.04.2010 in order no.330-337/wzd/ahb/20210 2 ceta ). these fell under the broad category ..... industries ltd., vapi (hereafter bil ) sold its products to the buyer, should be treated as a transaction with a related person under section 4(4)(c) of the central excise act, 1944 (hereafter the act ).2. bil was incorporated as mitsu industries ltd. (hereafter mil ) in 1992; it was formed by members of the bilkhias family ..... in examining whether the parties were related might be 7 (2003) 1 scc14212 justified; however, it could not have concluded that such relationship, as is contemplated by section 4(4)(c) could have been inferred, without applying the proper test. additionally, the revenue had the materials before it, in the form of documents which .....
Tag this Judgment!Court : Supreme Court of India
..... arose for a decision was, whether jet mat produced by the appellant therein would come within entry 129 of schedule ii part a of the sales tax act, issued under section 49 thereof. entry 129, at the relevant point of time, read thus: sl. no.description of rate of sales rate of purchase goods tax tax ..... sales office at kurukshetra, and is an assessee under the vat act.15. in terms of section 7 of the vat act, the taxable goods have been classified under schedules a, b and c. it is found from schedule c (as originally enacted) that pesticides, weedicides and insecticides were included in entry 1 and taxable @ 4%.16. returns ..... commissioner (st)-cum-revisional authority, kurukshetra (hereafter the revisional authority , for short) to reopen proceedings, in exercise of suo motu revisional power conferred by section 34 of the vat act, and to pass final orders holding that the two assessment orders, both dated 28th february, 2007 passed by the eto-cum-assessing authority, kurukshetra (hereafter .....
Tag this Judgment!Court : Karnataka
..... summoned to give a statement is not an accused at the time of recording his statement. such a person is bound by the provisions of sub-section (3) of section 108 of the act to state the truth.17. the apex court in the case of assistant collector of central excise, rajamundry vs. duncan agro industries ltd.,7 has ..... the facts and circumstances of the case, the abetment by the respondent, adjudicating authority vide order no.01029/2014 was justified in imposing a penalty under section 114 of the act and the view taken by the cestat and dropping the penalty is perverse. re: question no.3:30. this question is with regard to applicability of ..... , who is close associate of the respondent and recorded perverse findings?. (ii) whether, the tribunal was justified in dropping the penalty on the respondent under section 114 of the customs act, 1962 without examining the controversy in proper perspective and recorded perverse finding?. csta no.7/2019 3 (iii) whether, the hon ble cestat was correct in .....
Tag this Judgment!Court : Karnataka
..... and 306 of ipc and so also, for the offence under sections 3, 4 and 6 of the dowry prohibition act.11. pw.12 being the doctor who has given treatment to the victim and she was brought by her husband i.e., accused with history of consuming of 20 some insecticides. therefore, it is clear that, if at all the accused has ..... to the accused and the same was withdrawn by the accused as a dowry which is not disputed by the accused and since there is a presumption under section 113-b of the evidence act that any amount received by the accused prior to the marriage amounts to dowry and in the absence of explanation by the accused, it has to be ..... . but anybody in respect of that matter and therefore, there is no question of proof by the prosecution that, the accused has committed the offence under sections 3 and 4 of the dowry prohibition act. but the marriage of deceased vimalakshi was performed with accused no.1 and there is no dispute about the marriage with the accused. even relating to the .....
Tag this Judgment!