Court : Karnataka Dharwad
..... scc (cri) 218]. all under the prevention of food adulteration act, 1954. (emphasis supplied) 23 crl.p.no.102512/21 the apex court in the afore-extracted judgment was interpreting insecticides act, 1968 , provisions of which are in pari materia with that of the seeds act. the apex court has clearly held that the right of the accused ..... launching of the prosecution, the court would not be seized of the matter in order to decide under sub-section (4) of section 24 of the act in the matter of sending the sample to the central insecticides laboratory. it is therefore to be expected that, prosecution will be launched expeditiously, at any rate before ..... the respondents in these appeals have been deprived of their valuable right to have the sample tested from the central insecticides laboratory and sub-section (4) of section 24 of the act. under sub-section (3) of section 24, report signed by the inseclicildes analyst shall be evidence of the facts stated therein and shall be conclusive evidence .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.100167 of 2023 order1 the petitioners are before this court calling in question the registration of a crime in crime no.3/2023 registered for the offences punishable under sections 506, 504 & 306 of the ipc.2. heard the learned senior counsel shri pramod khatavi appearing on behalf of shri p.p. hittalamani for the petitioners; learned hcgp ..... village, tq. ranebennur, dist. haveri-581115. respondents (by sri. v.s. kalasurmath, hcgp for r1; sri. g.n. narasammanavar, advocate for r2) this criminal petition is filed u/sec. 482 of cr.p.c. seeking to call for records and quash the fir in crime no.03/2023 dated0401.2023 registered by kumarapattanam p.s. for the offences u ..... /sec. 506, 34, 504 and306of ipc with respect to the petitioners/accused no.1 to3and grant such other reliefs by allowing this petition. this petition, coming on for admission, this .....
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 : Karnataka Dharwad
..... 2005 or atleast on 20 december 2004, when the amendment bill was introduced in rajya sabha." the further argument to the effect that by the amendment act 2005, section 6 of the hs act - stood substituted and as held by the apex court in zile singh v. state of haryana, (2004)8 scc 1, that a substitution results ..... that when an oral partition is a well recognized mode of partition, its exclusion from the definition of partition in the 'explanation', appended to sub-section (5) of section 6 of the hs act, is unreasonable and arbitrary. it is urged that persons, whose rights have accrued by virtue of a registered partition deed or a court decree and ..... provision unconstitutional. shri naganand would further contend that the above said hiatus requiring a suitable amendment to the restricted definition of 'partition', as contained in section 6 of the hs act, has come to the attention of the law commission of india and on a comprehensive view of the established principles of law and being aware of .....
Tag this Judgment!Court : Karnataka Dharwad
..... 2005 or atleast on 20 december 2004, when the amendment bill was introduced in rajya sabha. the further argument to the effect that by the amendment act 2005, section 6 of the hs act stood substituted and as held by the apex court in zile singh v. state of haryana, (2004)8 scc1 that a substitution results not only in ..... that when an oral partition is a well recognized mode of partition, its exclusion from the definition of partition in the explanation , appended to sub-section (5) of section 6 of the hs act, is unreasonable and arbitrary. it is urged that persons, whose rights have accrued by virtue of a registered partition deed or a court decree and ..... unconstitutional. 12 shri naganand would further contend that the above said hiatus requiring a suitable amendment to the restricted definition of partition , as contained in section 6 of the hs act, has come to the attention of the law commission of india and on a comprehensive view of the established principles of law and being aware of .....
Tag this Judgment!Court : Karnataka Dharwad
..... above, the nature of dispute and the relief sought for since would not fall in any of the powers of deciding the dispute given to the tribunal under different sections of the act including sections 6, 7, 33, 35, 47, 48, 51, 54, 61, 64, 67 and 72, 73 therein, the tribunal does not get power or jurisdiction to ..... is noteworthy that the expression "for the determination of any dispute, question or other matter relating to a wakf or wakf property" appearing in section 83(1) also appears in section 85 of the act. section 85 does not, however, exclude the jurisdiction of the civil courts in respect of any or every question or disputes only because the same relates ..... it pushes the exclusion of the jurisdiction of the civil 25 crp no.1091/2011 courts extends (sic) beyond what has been provided for in section 6(5), section 7 and section 85 of the act. it simply empowers the government to constitute a tribunal or tribunals for determination of any dispute, question of other matter relating to a wakf .....
Tag this Judgment!Court : Karnataka Dharwad
..... resident other than not ordinarily resident in india, who has furnished the return of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located ..... petitioners in the years 2009-10 had deposited us$16000 and us$40000 in two different transactions 30 and that would become an offence under sections 50 and 52 of the act. section 50 makes it an offence if the assessee fails to furnish any information of an asset located outside india including financial interest. as on the ..... . the accused has not offered any evidence to demonstrate that her misdeeds were due to reasons beyond her control. hence, the statutory presumption contained in section 54 of the act may kindly be raised against the accused.12) in view of the above, the accused is liable to be prosecuted for the offence punishable u/s .....
Tag this Judgment!Court : Karnataka Dharwad
..... resident other than not ordinarily resident in india, who has furnished the return of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located ..... petitioners in the years 2009-10 had deposited us$16000 and us$40000 in two different transactions 30 and that would become an offence under sections 50 and 52 of the act. section 50 makes it an offence if the assessee fails to furnish any information of an asset located outside india including financial interest. as on the ..... . the accused has not offered any evidence to demonstrate that her misdeeds were due to reasons beyond her control. hence, the statutory presumption contained in section 54 of the act may kindly be raised against the accused.12) in view of the above, the accused is liable to be prosecuted for the offence punishable u/s .....
Tag this Judgment!Court : Karnataka Dharwad
..... resident other than not ordinarily resident in india, who has furnished the return of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located ..... petitioners in the years 2009-10 had deposited us$16000 and us$40000 in two different transactions 30 and that would become an offence under sections 50 and 52 of the act. section 50 makes it an offence if the assessee fails to furnish any information of an asset located outside india including financial interest. as on the ..... . the accused has not offered any evidence to demonstrate that her misdeeds were due to reasons beyond her control. hence, the statutory presumption contained in section 54 of the act may kindly be raised against the accused.12) in view of the above, the accused is liable to be prosecuted for the offence punishable u/s .....
Tag this Judgment!Court : Karnataka Dharwad
..... resident other than not ordinarily resident in india, who has furnished the return of income for any previous year under sub-section (1) or sub-section (4) or sub-section (5) of section 139 of the income tax act, willfully fails to furnish in such return any information relating to an asset (including financial 40 interest in any entity) located ..... petitioners in the years 2009-10 had deposited us$16000 and us$40000 in two different transactions 30 and that would become an offence under sections 50 and 52 of the act. section 50 makes it an offence if the assessee fails to furnish any information of an asset located outside india including financial interest. as on the ..... . the accused has not offered any evidence to demonstrate that her misdeeds were due to reasons beyond her control. hence, the statutory presumption contained in section 54 of the act may kindly be raised against the accused.12) in view of the above, the accused is liable to be prosecuted for the offence punishable u/s .....
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