Court : Karnataka Dharwad
..... khc-d:9305 crl.p no.102394 of 2023 the minor of the age specified in the section, is taken out of the custody of the lawful guardian of such a minor, then the offence would ..... is just and necessary to analyse the term 'guardian' as defined under section 4(2) of the guardians and wards act, 1890, which reads as under:- - 5 - nc:2024. ..... khc-d:9305 crl.p no.102394 of 2023 r in the high court of karnataka, dharwad bench dated this the4h day of july, 2024 before the hon'ble mr justice venkatesh naik t criminal petition no.102394 of2023(482) between: ..... the father of a child will not come within the scope of section 361 ipc, even if he takes away the child from the custody of ..... in the absence of any prohibition of the order of the competent court, the petitioner-father cannot be booked for taking away his own minor child from the custody of ..... (exception) this section does not extend to the act of any person who in good faith believes himself to be the father of an illegitimate child, or who in good faith believes himself to be entitled to lawful custody of such child, unless such act is committed for an immoral or ..... for the petitioner would submit that by no stretch of imagination, the act of the petitioner/accused attracts the offence of kidnap as defined under section 361 ipc punishable under section 363 ipc. ..... , on acceptance of the prosecution case, in its totality, a prima-facie case is not made out for the offence under section 363 ipc by specifying the ingredient of offence of kidnap. .....
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..... it is pleaded that the petitioner is registered under karnataka shops and commercial establishments act, 1961 and the karnataka value added tax act, 2003, registered with weights and measurements department. ..... (4) where the encroachment is made for the purpose of exposing articles for sale, opening temporary booths for vending or other like purpose of a trivial nature, the highway authority or the authorised officer referred to in sub-section (1) may with the help of the police, if necessary, have such encroachment summarily removed without 13 issuing a notice as required by sub-section (1) or in lieu of removal of encroachment, may give the person responsible the encroachment option of executing a lease in favour of the highway ..... as held by the hon'ble supreme court in the judgments referred to supra, it is settled position of law that even if the statute does not provide for an opportunity to a person, unless it is specifically prohibited under the said statue, an opportunity to be accorded to the person who suffers civil consequence.32. ..... if civilisation is not to perish in this country as it has perished in some others too well known to suffer mention, it is necessary to educate ourselves into accepting that, respect for the rights of individuals is the true bastion of democracy. ..... this court, on analysis of the facts, the nature of action of the respondents and the law laid down by the hon'ble supreme court, pass the following; order i) writ petition is allowed in-part. .....
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..... as per section 114 of karnataka municipal corporations act (for short kmc act ), corresponding section 149 of the bruhat bengaluru mahanagara palike act, 2020, whenever the title of any person primarily liable for the payment of the tax on any premises to or over such premises is transferred, the person whose title is transferred and the person to whom the same is ..... , is applicable only: (i) in the case of wills made by any hindu, buddhist, sikh or jaina, if those wills are of the classes specified in clauses (a) and (b) of section 57; and (ii) in the case of wills made by any parsi dying after the commencement of the amendment act 16 of 1962, if such wills are made within the local limits of the ordinary original civil jurisdiction of the high courts at calcutta, madras and bombay and in case such wills have been made ..... in fact, the decision in balbir singh wasu (supra) did not take note of the bar under section 264(2) when it opined in general terms in para 5 of the judgment that: 5........we do not read section 213 as prohibiting the executor from applying for probate as a matter of prudence or convenience to the courts in other parts of the country not covered by section 213 .38. ..... therefore, there is no prohibition for a person whose case falls outside the purview of these provisions, from producing, relying upon and claiming a right under a will, in any proceeding instituted by others including the other legal heirs for partition or .....
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..... the said case, the petitioner, apprehending arrest in a case under section 498a of the ipc and section 4 of the dowry prohibition act, 1961, prayed for anticipatory bail before this court, having failed to obtain the ..... therein, it was observed that when an accused comes before the high court, invoking either the inherent power under section 482 crpc or the extraordinary jurisdiction under article 226 of the constitution, to get the fir or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wreaking ..... it reads: women s police station 3806, thyagaraja nagar, banashankari, bengaluru, karnataka 560070 respected sir/madam, i, xxxxx(age-30 years) and residing at- address: #171, srinivasan layout,bsk3d stage t.g.layout, 4th cross road, near vbb ..... there are many reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate the disputes amicably by mutual agreement 40 instead of fighting it out in a court of ..... in the said email i had clearly mentioned what i have been going through and asked him to respond and also inform me about the travel plans, but i never got any response to any of ..... as i mentioned in the email (document no.1), the petitioner no.1 was expecting me to take legal recourse against him and in order to take the upper hand in legal proceedings and harass me, the petitioner no.1 got .....
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..... . 34 (3) while framing charges under sub-section (1), the magistrate may also frame charges under section 498a of the indian penal code (45 of 1860) or any other provision of that code or the dowry prohibition act, 1961 (28 of 1961), as the case may be, if the facts disclose the commission of an offence under those ..... . before we delve into greater detail on the nature and content of allegations made, it becomes pertinent to mention that incorporation of section 498- aipc was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid ..... 482 of code of criminal procedure, to set at naught the proceedings initiated by the respondent under section 12 of the protection of women from domestic violence act, 2005, it is apposite to refer the judgment of hon'ble apex court in the case of state of haryana referred supra, where it was held that the court exercising jurisdiction is not shorn of the power under articles 226 and 227 of the constitution of india and whenever court is confronted with a situation where ..... 06.2024 in the high court of karnataka at bengaluru dated this the28h day of june, 2024 before the hon'ble ..... , the contention of the learned counsel for the respondent that the petition is not maintainable or entertainable is to be rejected in the light of the preceding analysis and is accordingly rejected ..... . in view of the preceding analysis, continuation of the impugned proceedings against the petitioner will be an abuse of process .....
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..... (patta land) 8 17716/2023 sri basavaraj b112231 meters belawadi (patta land) 9 17912/2023 sri basavaraj b111165 meters belawadi (patta land) 5.3 the prohibition against establishing or running the quarry lease within one kilometre distance from the national park or wildlife sanctuary came to be examined by the supreme court and ..... ) 5.6.1 it was further stated, the perusal of the above para would reveal that the directions, which were issued by this court earlier for prohibiting mining activities within a distance of one kilometre from the boundary of such national parks and wildlife sanctuaries only insofar as the state of goa was ..... 2022 passed by the senior geologist and competent authority, department of mines and geology, gadag, whereby the competent authority exercised its powers under rule 8-k(2) of the karnataka minor mineral concession regulations, 1994, to suspend the stone quarry leases of the petitioners to completely prohibit the quarrying activities. ..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... in these petitions filed under article 226 of the constitution, what is prayed by the petitioners is to set aside resolution dated 29th september 2022 passed by .....
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..... (patta land) 8 17716/2023 sri basavaraj b112231 meters belawadi (patta land) 9 17912/2023 sri basavaraj b111165 meters belawadi (patta land) 5.3 the prohibition against establishing or running the quarry lease within one kilometre distance from the national park or wildlife sanctuary came to be examined by the supreme court and ..... ) 5.6.1 it was further stated, the perusal of the above para would reveal that the directions, which were issued by this court earlier for prohibiting mining activities within a distance of one kilometre from the boundary of such national parks and wildlife sanctuaries only insofar as the state of goa was ..... 2022 passed by the senior geologist and competent authority, department of mines and geology, gadag, whereby the competent authority exercised its powers under rule 8-k(2) of the karnataka minor mineral concession regulations, 1994, to suspend the stone quarry leases of the petitioners to completely prohibit the quarrying activities. ..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... in these petitions filed under article 226 of the constitution, what is prayed by the petitioners is to set aside resolution dated 29th september 2022 passed by .....
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..... (patta land) 8 17716/2023 sri basavaraj b112231 meters belawadi (patta land) 9 17912/2023 sri basavaraj b111165 meters belawadi (patta land) 5.3 the prohibition against establishing or running the quarry lease within one kilometre distance from the national park or wildlife sanctuary came to be examined by the supreme court and ..... ) 5.6.1 it was further stated, the perusal of the above para would reveal that the directions, which were issued by this court earlier for prohibiting mining activities within a distance of one kilometre from the boundary of such national parks and wildlife sanctuaries only insofar as the state of goa was ..... 2022 passed by the senior geologist and competent authority, department of mines and geology, gadag, whereby the competent authority exercised its powers under rule 8-k(2) of the karnataka minor mineral concession regulations, 1994, to suspend the stone quarry leases of the petitioners to completely prohibit the quarrying activities. ..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... in these petitions filed under article 226 of the constitution, what is prayed by the petitioners is to set aside resolution dated 29th september 2022 passed by .....
Tag this Judgment!Court : Karnataka
..... (patta land) 8 17716/2023 sri basavaraj b112231 meters belawadi (patta land) 9 17912/2023 sri basavaraj b111165 meters belawadi (patta land) 5.3 the prohibition against establishing or running the quarry lease within one kilometre distance from the national park or wildlife sanctuary came to be examined by the supreme court and ..... ) 5.6.1 it was further stated, the perusal of the above para would reveal that the directions, which were issued by this court earlier for prohibiting mining activities within a distance of one kilometre from the boundary of such national parks and wildlife sanctuaries only insofar as the state of goa was ..... 2022 passed by the senior geologist and competent authority, department of mines and geology, gadag, whereby the competent authority exercised its powers under rule 8-k(2) of the karnataka minor mineral concession regulations, 1994, to suspend the stone quarry leases of the petitioners to completely prohibit the quarrying activities. ..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... in these petitions filed under article 226 of the constitution, what is prayed by the petitioners is to set aside resolution dated 29th september 2022 passed by .....
Tag this Judgment!Court : Karnataka
..... (patta land) 8 17716/2023 sri basavaraj b112231 meters belawadi (patta land) 9 17912/2023 sri basavaraj b111165 meters belawadi (patta land) 5.3 the prohibition against establishing or running the quarry lease within one kilometre distance from the national park or wildlife sanctuary came to be examined by the supreme court and ..... ) 5.6.1 it was further stated, the perusal of the above para would reveal that the directions, which were issued by this court earlier for prohibiting mining activities within a distance of one kilometre from the boundary of such national parks and wildlife sanctuaries only insofar as the state of goa was ..... 2022 passed by the senior geologist and competent authority, department of mines and geology, gadag, whereby the competent authority exercised its powers under rule 8-k(2) of the karnataka minor mineral concession regulations, 1994, to suspend the stone quarry leases of the petitioners to completely prohibit the quarrying activities. ..... (viii) proximity to a protected area under the ancient monuments and archaeological sites and remains act, 1958 or a sanctuary, national park, game reserve or closed area notified as such under the wild life (protection) act, 1972 or places protected under any treaty, agreement or convention with any other country or countries or in pursuance of any decision made ..... in these petitions filed under article 226 of the constitution, what is prayed by the petitioners is to set aside resolution dated 29th september 2022 passed by .....
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