Court : Karnataka
Decided on : Jun-16-2023
..... for our consideration is, i. whether the impugned judgment challenged herein suffers from any perversity or illegality warranting interference by this court?. ii. whether the learned sessions judge is justified in convicting the accused for the offences punishable under sections 448, 323, 341 and 302 of ipc?.11. this court being the appellate court, is ..... if it is committed without premeditation in a sudden fight in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. a careful reading of the aforesaid provisions makes it clear that to invoke the said provision, four requisites must be satisfied ..... under exception 4 to section 300 ipc. since the appellants inflicted injuries on the neck and scalp of sabbir shah with the intention of causing death and the act of the accused- appellants is punishable under section 304 part i ipc.20. the hon ble supreme court, while considering the provision of section 302 read .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-20-2023
..... 7569) respondents (by sri. k. nagaraju advocate for r1; r2 notice served) this mfa is filed u/s1731) of mv act against the judgment and award dated143.2012 passed in mvc no.1001/2008 on the file of additional senior civil judge and mact-11, tumkur, awarding a compensation of rs.28,105/- with interest @ 6% p. a from the date ..... is filed by the insurance company challenging the judgment and award dated 14.03.2012 passed in mvc no.1001/2008, on the file of the addl. senior civil judge and mact-xi at tumkur, on the ground that the liability of the insurance company is only rs.6,000/- towards damage caused to the property of third party ..... covering the risk to the third party or to persons enumerated therein for injury or death caused or third party property is damaged. since section 147 of m.v.act is compulsorily covering risks, that means, it is compulsory coverage statutorily to third party or to persons stated therein irrespective of amount of premium collected. under these circumstances, .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-28-2023
..... paragraphs: 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be tried ..... be exercised sparingly and only in those cases where the circumstances of the case so warrant. it is not to be exercised because the magistrate or the sessions judge is of the opinion that some other person may also be guilty of committing that offence. only where strong and cogent evidence occurs against a person from the ..... together with the accused already arraigned. however, the court holding a trial, if it intends to exercise power conferred by section 319, cr. p.c., must not act mechanically merely on the ground that some evidence has come on record implicating the person sought to be summoned; its satisfaction preceding the order thereunder must be more than .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-04-2023
..... complaint shall also be accompanied by an affidavit of the complainant, not a verifying affidavit, but an affidavit as obtaining under the oaths act, 1969. it is only then the learned sessions judge can entertain a private complaint against public servants.16. in the teeth of the aforesaid glaring lacunae in the very entertaining of the ..... the public servant, who is involved in this case, it is clause (c), which is applicable. unless, therefore, there is previous approval, there could be neither inquiry or enquiry or investigation. it is in this context apposite to notice that the complaint, which has been filed by the petitioners in writ petition (criminal) no.298 ..... the amendment and its importance in the following paragraphs:"117. in terms of section 17-a, no police officer is permitted to conduct any enquiry or inquiry or conduct investigation into any offence done by a public servant where the offence alleged is relatable to any recommendation made or decision taken by the public .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-06-2023
..... 41 being electronic documents, are inadmissible in evidence as they are not accompanied by a certificate as required under section 65a of the evidence act. such being the situation, the learned sessions judge committed a grave error in accepting the testimony of the above witnesses and convicting the appellant / accused no.3 for the offences under ..... had effectively brought on record in cross-examination covering several pages pertaining to the incident, which has not been considered by the learned sessions judge.31. the learned sessions judge had not even balanced the evidence produced by the prosecution as well as the defence. the learned sessions should have carefully scrutinized the evidence led ..... 2 for offences punishable under section 302 or 397 of ipc r/w section 27(1) of the arms act, 1959 is too farfetched.40. looking at any angle, the order passed by the learned sessions judge is perverse and unacceptable and the appellant / accused no.2 ought to be acquitted of the offences. the .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-07-2023
..... for r3) ....respondents this miscellaneous first appeal filed under section1731) of motor vehicle act1988 praying to set aside the judgment and award passed by the senior civil judge and additional mact ankola in mvc no.53/2013 dated2809.2017, and award enhanced compensation as sought by the appellants by fastening the liability on the3d respondent/insurer ..... for r5) 3 this miscellaneous first appeal filed under section1731) of motor vehicle act1988 praying to set aside the judgment and award passed by the senior civil judge and additional mact ankola in mvc no.53/2013 dated2809.2017, fastening the liability of paying the compensation on the appellant and place the same on the insurance ..... driving of lorry by respondent no.1. hence, the legal representatives of the deceased amol naik filed a 7 claim petition under section 166 of motor vehicle act, 1988 claiming compensation. it is averred that the deceased was working in excise department as f.d.a. and getting salary of rs.15,096/- p.m .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-07-2023
..... for r3) ....respondents this miscellaneous first appeal filed under section1731) of motor vehicle act1988 praying to set aside the judgment and award passed by the senior civil judge and additional mact ankola in mvc no.53/2013 dated2809.2017, and award enhanced compensation as sought by the appellants by fastening the liability on the3d respondent/insurer ..... for r5) 3 this miscellaneous first appeal filed under section1731) of motor vehicle act1988 praying to set aside the judgment and award passed by the senior civil judge and additional mact ankola in mvc no.53/2013 dated2809.2017, fastening the liability of paying the compensation on the appellant and place the same on the insurance ..... driving of lorry by respondent no.1. hence, the legal representatives of the deceased amol naik filed a 7 claim petition under section 166 of motor vehicle act, 1988 claiming compensation. it is averred that the deceased was working in excise department as f.d.a. and getting salary of rs.15,096/- p.m .....
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