Court : Karnataka
Decided on : Jan-06-2023
..... application.30. therefore, in view of above discussion, it is evident that the impugned judgment is passed ignoring the provision of section 138 of n.i. act. the learned sessions judge has not applied his mind to the evidence on record. therefore, such judgment being illegal, perverse and erroneous has - 29 - crl.a no.172 of ..... and needs no interference by this court. hence, prayed to dismiss the appeal.9. i have perused the judgment of acquittal passed by the learned sessions judge. learned sessions judge has raised two points for consideration. first point for consideration is regarding the power of the jmfc to impose the punishment. the second point is punishment ..... visualised in the context of the particular matter before the appellate court and the nature of inquiry therein. the same rule with same rigour cannot be applied in a matter relating to the offence under section 138 of the ni act, particularly where a presumption is drawn that the holder has received the cheque for the discharge .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-10-2023
..... r2; vide order dated0706.2019 r2 is treated as lr of deceased r1) this mfa is filed under section1731) of mv act against the judgment and award dated0303.2014 passed in mvc no.1847/2010 on the file of the principal senior civil judge & member, mact, mangalore, awarding a compensation of rs.5,50,000/- with interest @ 6% p.a. from the date ..... delivered the following: judgment in this appeal the appellant has challenged the judgment dated 03.03.2014 passed in m.v.c.no.1847/2010 by the principal senior civil judge & motor accident claims tribunal, mangalore (hereinafter referred to as tribunal' for short).2. the appellant-insurance company was the second respondent, respondent nos.1 and 2 were the petitioners, and ..... within 8 weeks from the date of receipt of certified copy of this judgment. the amount in deposit, if any, shall be transmitted to the tribunal for disbursal forthwith. sd/- judge knm/-
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jan-16-2023
..... of cr.p.c., nor adduced any defence evidence to rebut the presumption available to the prosecution under sections 29 and 30 of the pocso act. 67. thereafter, the learned special judge heard the parties in detail and formulated two points and holding the said points in the affirmative, passed an order of conviction convicting the accused ..... been complied with and in the absence of any medical evidence corroborating the case of the prosecution, the learned trial judge ought 14 not to have convicted the accused for the offence punishable under section 6 of the pocso act. therefore, to that extent, the appeal needs to be allowed.11. he further pointed out that at the ..... the appellant has committed an offence under section 5(i) of the pocso act 2012. in arriving at such conclusion the learned judge has not appreciated the material evidence on record in right perspective which has resulted in miscarriage of justice. that the learned judge failed to see that the evidence of the victim pw-3 is not .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2023
..... the complaint was one of illegal detention. 5 (2006) 3 scc17846 (b) direction to the government concerned to hold an inquiry and take action against the officers responsible for the violation. (c) if the enquiry or action taken by the department concerned ..... if there was detention for 5 days, for what 29 reason was he detained. the court, therefore, directed the district judge, ghaziabad to make a detailed enquiry and submit his report within 4 weeks. the court voiced its concern regarding complaints of ..... approached this court under article 32 of the constitution alleging that though he was acquitted by the sessions court on 3-6-1968, he was released from jail only on 6-10-1982, after 14 years, and sought compensation for his illegal detention ..... against the 4th respondent and his cohorts or any other officer, after identifying those officers who have indulged in the act of illegal arrest and alleged assault on the petitioner. (iv) the departmental enquiry shall be initiated within two weeks .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Jan-31-2023
..... .202224/2021 -8- upper krishna project in narayanapura and directed him to submit fresh proposal on examining the effect of order of acquittal passed by the learned sessions judge.10. on 24.05.2021, respondent no.2 issued another communication as per annexure-m stating that it has received reminders from upalokayukta for not taking action against ..... order.5. pending the above criminal case, respondent no.3 the upalokayukta acting under section 12 of the karnataka lokayukta act, 1984 (for short kl act ) referred the matter to w.p.no.202224/2021 -5- respondent no.4 i.e. additional registrar (enquiries-11) for an inquiry. before respondent no.4 the petitioner submitted his reply as per annexure-c1 ..... sheet filed by karnataka lokayukta police in the above said case, the petitioner was tried in special (corruption) case no.1/2012 by the principal sessions judge, raichur for the charges for the offences punishable under sections 7, 13(1)(d) read with section 13(2) of the prevention of corruption .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... not by someone else in the name of a different person le., about the identity of the executant of the original document by making all reasonable inquiries including insistence of identification of a member of the public by a legal practitioner known to the notary. unless the executant is known to the notary personally ..... sri s.k.v. chalapathi, learned senior counsel representing the plaintiffs in both the appeals, who are respondents herein, these appeals, contended that the learned trial judge has rightly appreciated the material on record and decreed the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and ..... has to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. the ultimate .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-16-2023
..... section 436a of the 1973 code could be invoked by the accused arrested for offence punishable under the 2002 act. (xv)(a) the process envisaged by section 50 of the 2002 act is in the nature of an inquiry against the proceeds of crime and is not investigation in strict sense of the term for initiating prosecution; and ..... or after the decision of the larger bench (seven judges) of this court in the case of rojer mathew. (ii) the expression proceedings occurring in clause (na) of section 2(1) of the 2002 act is contextual and is required to be given expansive meaning to include inquiry procedure followed by the authorities of ed, the adjudicating authority ..... iii) the expression investigation in clause (na) of section 2(1) of the 2002 act does not limit itself to the matter of investigation concerning the offence under the act and is interchangeable with the function of inquiry to be undertaken by the authorities under the act. (iv) the explanation inserted to clause (u) of section 2(1) of the .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-21-2023
..... have been appointed as commissioners for employee compensation, that is to say, apart from the judicial work to be discharged by the aforesaid judges they would also act as commissioner/s for employees compensation. while doing so the powers and procedure prescribed under the eca would have to be exercised by such commissioners of employees compensation.17. needless ..... . ii. a certiorari is issued, the proceedings initiated in execution no.2098/2017 are hereby quashed. iii. the concerned judge dealing with the execution no.2098/2017 is directed to issue necessary recovery certificate in terms of section 31 of the employees compensation act, 1923. iv. the registrar (general) after obtaining approval from the hon ble chief justice, high court of - 15 .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Feb-22-2023
..... r2, sri.s.s.koliwad, adv. for r3) this mfa is filed u/s.173(1) of motor vehicles act, 1988, against the judgment and award dated0202.2019 passed in mvc no.28/2015 on the file of the senior civil judge and additional motor accident claims tribunal, hirekerur, awarding compensation of rs.15,47,000/- with interest at7% p.a ..... insurance has to be interpreted in stricto senso and there cannot be any implied interpretation applied to a contract of insurance.33. in the said judgment, the learned judge of high court of judicature at madras considered the proposal of owner of vehicle, its acceptance by insurer and liability of both the parties and discussed them in detail ..... there is, thus, nothing further for us to deliberate upon. (b) 7oriental insurance company limited vs porselvi and another in paragraph no.5, it was observed that: a three judge bench of this court in new india assurance co. ltd. vs. sita bai (smt.) and ors. [(1999) 7 scc575 inter alia observed as follows :"6. the correctness and .....
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