Court : Karnataka Kalaburagi
Decided on : Dec-21-2023
..... evidence. also the age recorded by the jj board shall be deemed to be the true age of the person brought before it. thus, the standard of proof in an inquiry is different from that required in a proceeding where the determination and declaration of the age of a person has to be made on the basis of evidence scrutinised and ..... not conclusive proof of the age of juvenility and the same may be rebutted by contra evidence let in by the opposite side. 33.5. that the procedure of an inquiry by a court is not the same thing as declaring the age of the person as a juvenile sought before the jj board when the case is pending for trial ..... and due to the sexual intercourse the victim girl became pregnant, thereby committed offence punishable u/sec 376(3) of ipc and section 6 of pocso act?.3. what order?.5. the learned special judge answered the points in the affirmative, proceeded to convict the accused and sentenced him to undergo simple imprisonment for two years and to pay a fine of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... proceedings in crime no.32/2023 registered for the offences punishable under sections 376, 506, 417 and 420 of the ipc, now pending before the ii additional civil judge and jmfc court, gadag.2. facts in brief, germane are as follows: the second respondent is the complainant and the petitioner is the sole accused. the ..... the fact that the biological parents being the petitioner and the complainant, the allegations by the complainant would stand to reason. if it were to be consensual acts, which have become nothing, it would have been a circumstances altogether different. it is therefore, the entire charge sheet material which was already filed before the concerned ..... position that emerges from the above cases, the consent of a woman with respect to section 375 must involve an active and reasoned deliberation towards the proposed act. to establish whether the consent was vitiated by a misconception of fact arising out of a promise to marry, two propositions must be established. the promise .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-20-2023
..... the jurisdiction under article 226 of the constitution, it has been observed thus: when an appeal is preferred under section 4 of that act against an order of a single judge to a division bench, the jurisdiction which the latter exercises is also the very same jurisdiction under article 226 of the constitution. on this ..... to seek instructions whether regular departmental proceedings were taken in this matter or not.8. the documents which have been placed before us pertain to the preliminary inquiry made against the appellant 3 (2000)3 scc58832 in which the statement of certain persons who had seen the incident was recorded. the services of the appellant ..... the learned high court government pleader appearing for the state would seek to refute the submissions to contend that the petitioner was a temporary employee and no inquiry need be conducted against a temporary employee even if the petitioner has been terminated on account of allegation against her. he would contend that statement of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-20-2023
..... of justice has occurred by reason of such error, omission or irregularity. sub-section (3), in other words, simply forbids interference with an order passed by the special judge in appeal, confirmation or revisional proceedings on the ground that the sanction is bad save and except, in cases where the appellate or revisional court finds that failure of ..... been committed. (3) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974), 13 (a) no finding, sentence or order passed by a special judge shall be reversed or altered by a court in appeal, confirmation or revision on the ground of the absence of, or any error, omission or irregularity in, the sanction required ..... z a u u w z . (emphasis added) the government in terms of the afore-quoted order directed the lokayukta to conduct inquiry and submit a report in terms of section 7(2a) of the lokayukta act, 1984. the reason for directing an enquiry to be conducted is in the preamble. the preamble is that the c & a g .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-18-2023
..... causes judge, 22nd acmm, mact, bangalore, dismissing the claim petition for compensation. this appeal, coming on for dictating judgment, this day, the court delivered the following: judgment heard sri. ..... . abdul majeed and others reported in 1991 acj453 19. damages are the pecuniary compensation which is recoverable by a person who has sustained loss due to the wrongful acts or wrongful omission of another. damage caused to the property includes not only the damage caused to the said property but also the loss of income caused due to ..... respondents (by sri. o. mahesh, advocate for r2; vide order dated2209/2017, service of notice to r1 is deemed to be complete) this mfa filed u/s1731) of mv act against the judgment and award dated0503.2013 passed in mvc no.4568/2012 on the file of the24h additional - 2 - nc:2023. khc:46025 mfa no.6841 of 2013 small .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Dec-15-2023
..... aside the judgment of conviction dated0911.2022 and order of sentence dated1011.2022 in sessions case no.105/2016 on the file of the ii addl. district and sessions judge, bagalkote and thereby acquit the appellant/accused for the offence punishable u/s302of ipc. 2 this criminal appeal having been heard and reserved on0612.2023 coming on for ..... of passion or sudden provocation. the counsel also would submit that the wife and the brother of the appellant tried to rescue the father but this appellant overturned their act and inflicted several injuries aiming on his neck. the counsel would also submit that when pw1 was cross-examined twice he had supported the case of the prosecution ..... single blow. even the evidence of pw1 is clear that he himself and the wife of the appellant were tried to rescue the father but the appellant overturned their act and again inflicted the injury. hence, the court has to take note of the nature of the injury which resulted in death of the victim. apart from that .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... this day through video conferencing at kalaburagi, the court delivered the following: judgment being aggrieved by the judgment and the award passed by the learned iii addl. senior civil judge and jmfc mangaluru, d.k. in mvc.no.1723/2012 dated 22.06.2016, the respondent no.2-national insurance company limited as well as the petitioner have ..... a.n krishna swamy, advocate for r-2; r-1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206/2016, passed in mvc.no.1723/2012, on the file of the iii additional senior civil judge & jmfc., mangaluru, d.k. partly allowing the claim petition for compensation and seeking enhancement of compensation. these ..... 201. respondents (by sri guruprasad b.r. for r1; r-2 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206.2016 passed in mvc no.1723/2012 on the file of the iii additional senior civil judge, & jmfc, mangaluru, d.k., awarding compensation of rs.7,12,095/- with interest @ 9% p.a. from .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... served) - 3 - nc:2023. khc:45568 mfa no.784 of 2019 this mfa is filed u/s301) of eca act, 1923 against the judgment and award dated1709.2018, passed in eca no.64/2014 on the file of the iv additional senior civil judge & jmfc, mysuru, awarding compensation of rs.4,69,640/- with interest @ 12% p.a. from the date ..... this appeal by the insurance company is directed against the judgment and award dated 17-09-2018 passed in eca no.64/2014 by the learned iv additional senior civil judge and jmfc, mysuru, whereby a sum of rs.4,69,640/- has been awarded as compensation together with interest at 12% p.a. fastening liability on the insurance ..... petition is for the purposes of directing the insurance company to delete the clause in the insurance policy which provides that in cases of compensation under the workmen's compensation act, 1923, the insurance company will not be liable to pay interest. we see no substance in the writ petition. there is no statutory liability on the insurance company. .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-14-2023
..... this day through video conferencing at kalaburagi, the court delivered the following: judgment being aggrieved by the judgment and the award passed by the learned iii addl. senior civil judge and jmfc mangaluru, d.k. in mvc.no.1723/2012 dated 22.06.2016, the respondent no.2-national insurance company limited as well as the petitioner have ..... a.n krishna swamy, advocate for r-2; r-1 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206/2016, passed in mvc.no.1723/2012, on the file of the iii additional senior civil judge & jmfc., mangaluru, d.k. partly allowing the claim petition for compensation and seeking enhancement of compensation. these ..... 201. respondents (by sri guruprasad b.r. for r1; r-2 served) this mfa is filed u/s1731) of mv act against the judgment and award dated2206.2016 passed in mvc no.1723/2012 on the file of the iii additional senior civil judge, & jmfc, mangaluru, d.k., awarding compensation of rs.7,12,095/- with interest @ 9% p.a. from .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-29-2023
..... bar in order ii rule 2 and section 11 cpc. (b) the challenge of the appellant to the grant of sanction/consent for cbi inquiry/investigation has been negatived by the learned single judge by the order impugned in the appeal. it has long been settled that an appeal is a continuation of the original proceeding and therefore both ..... its earlier order no.e-hd/40/cod/2019 dated 25.09.2019 whereby sanction/consent was accorded u/s 6 of the delhi special police establishment act, 1946 for the cbi inquiry/investigation against the appellant herein.4. learned senior advocates dr. abhishek manu singhvi and mr. udaya holla both appearing for the appellant have also moved a ..... rules, etc.- the provisions of the high court of karnataka rules, 1959, the rules made by the high court of karnataka under the karnataka court fees and suits valuation act, 1958, and the provisions of the code of civil procedure, 1908, shall apply, as far as may be, to proceedings under article 226 and/or article 227 and .....
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