Court : Karnataka Kalaburagi
..... section 374 (2) of code of criminal procedure, 1973, praying to set aside the judgment of conviction dated 03.10.2012 passed by the district and sessions judge yadigir in s.c.no.48/2010, convicting the accused/appellant punishable under sections 120-b, 396, 397 and 302 read with 34 of indian penal code, 1860 and 201 read with 34 indian penal code, 1860 and under section 98 of karnataka police act, 1963 ..... during the trial if it transpires the method and manner or the nature of the activities which has resulted in the elimination of a human being from this world, there should not be any laxity on the part of the law courts, otherwise people will and in turn the society will be engulfed in false sense of security of life in the event of there being most heinous ..... to whom, about four persons had come to his house late in the night and requested him to lend his motor cycle as a young girl was bitten by a snake and that they had to take her to a hospital and since he had suspected the bona fides of the said persons, he had stated that his motor cycle was out of order, at which they had left ..... arranged for the said victim to be shifted to raichur government hospital for treatment and thereafter had proceeded to record the ..... go undetected and unpunished that is no reason not to apply the law to culprits committing the other five crimes ..... . 149, or again the accused has acted suddenly under another s instigation, without premeditation, perhaps the court may humanely opt for life, even like where a .....
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..... respondents (by shri nadagouda, additional advocate general for respondents) ***** this review petition is filed under section 114 read with order 47 rule 1 of the code of civil procedure, 1908, by the advocate for review petitioner praying to review paragraph 3(iv) the order 27.6.2016 passed by this hon ble court in writ appeal no.200290/2015 in light of section 176 of the karnataka police act 1963, in the interest of justice and equity. ..... the counsel for the petitioner had the benefit of the statute and it is not as if the karnataka police act was not within his purview at the time of arguments and hence, the contention that section 176 of the karnataka police act, 1963 had been overlooked, is a lame ground on which a review petition could be sustained and hence, seeks dismissal of the petition. ..... (2(14) & 2(15) of the act and shall not permit any game(s) of chance as per explanation (ii) of sub-section (7) of section 2 of karnataka police act, 1963. ..... this according to the petitioner, is contrary to the letter and spirit of section 176 of the karnataka police act, 1963, which expressly clarifies the position and reads as follows: 176 saving of games of skill. ..... for the removal of doubts it is hereby declared that the provisions of section 79 and 80 shall not be applicable to the playing of any pure game of skill and to wagering by persons taking part in such game of skill. ..... the registry to carry out such correction in the main judgment and to take further steps as may be necessary. .....
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..... sl.no.4 mentioned in the grounds of detention is with reference to crime no.82/2005 for the offence punishable under section 78(3) of the karnataka police act. ..... sl.no.10 in the grounds of detention is with reference to crime no.7/2010 for the offence punishable under section 78(3) of the karnataka police act. ..... sl.no.9 in the grounds of detention is with reference to crime no.12/2007 for the offence punishable under section 78(3) 8 of the karnataka police act. ..... sl.no.8 in the grounds of detention is with reference to crime no.159/2007 for the offence punishable under section 78(3) of the karnataka police act. ..... sl.no.7 in the grounds of detention is with reference to crime no.13/2007 for the offence punishable under section 78(3) of the karnataka police act. ..... a representation was submitted which was placed before the advisory board which confirmed the order of detention and thereafter the government has passed the order of preventive detention. ..... the detenue shankara gouda s/o malakendra gouda balaganur is directed to be released from custody forthwith, if he is not required in any other cases. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... section 374 (2) of code of criminal procedure, 1973, praying to set aside the judgment of conviction dated 03.10.2012 passed by the district and sessions judge yadigir in s.c.no.48/2010, convicting the accused/appellant punishable under sections 120-b, 396, 397 and 302 read with 34 of indian penal code, 1860 and 201 read with 34 indian penal code, 1860 and under section 98 of karnataka police act, 1963 ..... during the trial if it transpires the method and manner or the nature of the activities which has resulted in the elimination of a human being from this world, there should not be any laxity on the part of the law courts, otherwise people will and in turn the society will be engulfed in false sense of security of life in the event of there being most ..... according to whom, about four persons had come to his house late in the night and requested him to lend his motor cycle as a young girl was bitten by a snake and that they had to take her to a hospital and since he had suspected the bona fides of the said persons, he had stated that his motor cycle was out of order, at which they had left ..... arranged for the said victim to be shifted to raichur government hospital for treatment and thereafter had proceeded to record the ..... go undetected and unpunished that is no reason not to apply the law to culprits committing the other five ..... s. 149, or again the accused has acted suddenly under another's instigation, without premeditation, perhaps the court may humanely opt for life, even like where .....
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..... the state of karnataka and others, wherein also the police have registered a case in crime no.167/2014 for the offences punishable under sections 78 and 79 of karnataka police act, 1963 and also under section 188 of ipc. ..... information as to non-cognizable cases and investigation of such cases, - (1) xxx xxx xxx xxx xxx (2) no police officer shall investigate a non-cognizable case without the order of a magistrate having power to try such case or commit the case for trial. ..... provided that if any person having incurred any such expenses not exceeding the amount of ten rupees without authority obtains within ten days from the date on which such expenses were incurred the approval in writing of the candidate, he shall be deemed to have ..... so far as it relates to section 171(h) of ipc, the said provision says that,- "illegal payments in connection with an election,- whoever without the general or special authority in writing of a candidate incurs or authorises expenses on account of the holding of any public meeting, or upon any advertisement, circular or publication, or in any other way whatsoever for the purpose of promoting or procuring the election of such candidate, shall be punished with fine which may extend to five hundred rupees. ..... heard sri avinash uplaonkar, learned counsel for the petitioners and the learned high court government pleader. 2. .....
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..... the learned counsel for the petitioner would further contend that the 1st respondent government ought to have applied its mind before entrusting the matter to the hands of the 2nd respondent to the conduct of enquiry and the government order dated 7.1.2017 is in blatant 9 violation of section 12(4) of the act, in the light of the fact that the petitioner had contended in his reply that the property had not been transferred to the hands of panchayat and was still under ..... - in this rule, the expressions 'lokayukta' and 'upalokayukta' shall respectively have the meaning assigned to them in the karnataka lokayukta act, 1984, and the expression 'karnataka lokayukta police' means the police wing established under section 15 of the karnataka lokayukta act, 1984 and includes, so far as may be, the corresponding establishment under the karnataka state vigilance commission rules, 1980, and the expression inspector general of police shall be construed accordingly.27. ..... in terms of the afore-extracted provisions of the act, sub- section (1) of section 12 of the act vests consideration of a complaint involving a grievance which has resulted in injustice or undue hardship to the complainant or to any other person, a report is to be submitted to the competent authority. ..... it is settled principle of law that each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect. .....
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..... that the proviso to section 3(2) of the act does not apply to the order of detention, but it is applicable to the order delegating the power of the state government to the district magistrate or the commissioner of police, as the case may be, so as to exercise the power of the state government under section 3(1) of the act. ..... , on a comparison of section 3 of the karnataka act with section 3 of the andhra pradesh act which is considered in cherukuri mani observed that the only difference between an order of detention passed by the state government and an order of detention passed by district magistrate or a commissioner of police is that the order of detention passed by the government would remain in force for a period of three months in the first instance whereas similar orders passed by the district magistrate or commissioner of police, can remain in force for a period of twelve days only. ..... court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: - 29 - provided that nothing in this sub- clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by parliament under sub-clauses (a) and (b) of clause (7). 14. .....
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..... as already noted, the state of karnataka has advanced the concept of political empowerment for women by making an amendment to section 123 and also section 138 of the act by stating that not less than 50% of the total number of members of the taluk panchayat in the state from each of the categories reserved for persons belonging to the scheduled caste, scheduled tribe and backward classes and those in ..... agree to pursue by all appropriate means and without delay a policy of eliminating discrimination against women and, to this end undertake: x x x (d) to refrain from engaging in any act or practice of discrimination against women and to ensure that public authorities and institutions shall act in conformity with this obligation; x x x (f) to take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination ..... vice-president reserved for women in each category referred in sub-rule (1) shall be allotted by the government to the municipal councils, or as the case may be, town panchayats taking into consideration such factors as the government may deem fit: provided that both the offices of president and vice-president of the municipal council, or as the case may be, town panchayats shall not be reserved for women. 13-a. ..... to place reliance on the aforesaid orders and apply the same in the instant case ..... that such persons may be better equipped to represent and protect the interests of their .....
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..... requires- (a) vigilance cell means the vigilance cell created in the high court of karnataka in government order no.gad 144 shc 68, bangalore, dated the 4th may, 1971; (b) high court means the high court of karnataka (c) chief officer means the chief justice of the high court of karnataka; (d) special officer means the officer holding the post of the special officer sanctioned by the government; (e) government servant means a government servant working in the judicial department and includes every gazette and non ..... district courts and courts subordinate thereto including the positing and promotion of, and the grant of leave to, persons belonging to the judicial service of a state and holding any post inferior to the post of district judge shall be vested in the high court, but nothing in this article shall be construed as taking away from any such person any right of appeal which he may under the law regulating the conditions of his service or as authorising the high court to deal with ..... a criminal case has been registered in crime no.239/14 against this petitioner for the offences punishable under sections 7, 8, 12, 13(2), 13(1) and 13(d) of the prevention of corruption act by the respondent-basavakalyan town police station of bidar district. .....
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..... in our opinion, the courts should not interfere with a transfer order which are made in public interest and for administrative reasons unless the transfer orders are made in violation of any mandatory statutory rule or on the ground of malafide.a government servant holding a transferable post has no vested right to remain posted at one place or the other, he is liable to transferred from one place to the other. ..... extracted in the said judgment are also quoted below for reference; "the following words of lord denning in the matter of applying precedents have become locus classicus: "each case depends on its own facts and a close similarity between one case and another is not enough because even a single significant detail may alter the entire aspect, in deciding such cases, one should avoid the temptation to decide cases (as said by cordozo) by matching the ..... (this writ appeal is filed under section 4 of the karnataka high court act praying to allow the appeal and set aside the order of learned single judge, dated 05.07.2016 passed in w.p.no.205726/2016 and consequently allow the writ appeal filed by appellant and quash the transfer order of appellant vide no. ..... we believe that the constitutional mandate for sc/st category persons is to provide them protection and provide them opportunities to develop more with the general stream of people in the society on a pan-india perspective. .....
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