Court : Karnataka Dharwad
..... court while passing the order dated 12.1.2011 in election petition no.7/2008 has considered the question keeping in mind the provisions of the representation of people act, 1951 and the election procedure rules framed by the karnataka high court. ..... is the duty of the courts to avoid a head on clash between two sections of the same act and whenever it is possible to do so, to construe provisions which appear to conflict so that they harmonize ..... manjunath s/o vishnu vernekar age: major, occ: business, r/o janata plot, navalur, ..... 33 of the karnataka municipal corporations act, 1976, (for short the act ) deals with the election petitions. ..... is filed u/s.4 of the karnataka high court act, praying that the order dated2010.2014, passed by the learned single judge, in ..... the aforementioned, it is clear that the procedure as contemplated under the code of civil procedure, 1908, with regard to suits shall be followed in the trial and disposal of election petition under the karnataka municipal corporations act, as far as it can be made applicable. :5. :8. ..... section 36 of the act prescribes the procedure to be followed by the court while deciding the ..... case inasmuch as the said election petition arose under the provisions of the representation of people act, 1951. ..... be followed by the court the procedure provided in the code of civil procedure, 1908, in regard to suits shall be followed by the court as far as it can be made applicable, in the trial and disposal of an election petition under this act. 7. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the majority of the population in itnal are lingayaths. ..... proceedings, charges were framed against the accused for offences punishable under sections 302 and 201 of the indian penal code, 1860 (hereinafter referred to as the ipc for brevity) and section 30 of the arms act, 1959. ..... sadashiv dange suspected us of having informed the police about his acts. ..... place and in the course of same transaction and in furtherance of their common intention the accused channappa mutnal contravened the conditions of licence of revolver and thereby committed an offence punishable under section 30 of the indian arms act?. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the concept of non-pecuniary damage for loss of consortium is one of the major heads of award of compensation in other parts of the world more particularly in the united states of america, australia, etc. ..... ) and1 anand s/o virupakshappa ballari age: major, occ: business, r/o: a/p sasarawad, tq: sirhatti, dist: gadag.2. ..... unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the pecuniary loss, it would not be proper to award a major amount under this head. ..... for r1) this appeal is filed u/s1731) of mv act, against the judgment and award dated0403.2015 passed in mvc no.439/2013 on the file of the first additional senior civil judge and cjm and member, additional motor accident claims tribunal, dharwad, partly ..... her children, in particular, and the society, in general, expects her to fulfill such a void and to rise to the occasion, and to act almost like mother india . .....
Tag this Judgment!Court : Karnataka Dharwad
..... -examination did not damage her veracity, there is a presumption under section 29 and 30 of the pocso act, 2012, but the trial court wrongly came to conclusion that the evidence is not reliable while recording the ..... that on 02.10.2016 he has investigated the spot by drawing ex.p.30-mahazar and prepared ex.p.45-sketch and also incorporated provisions of 16 crl.a.no.100442/2019 pocso act, 2012 and section 376 of the ipc and handed over the investigation to p.w.20.18. ..... , the learned special judge, dharwad has taken cognizance for the offences punishable under sections 363, 366 and 376 of ipc and section 6 of the protection of children from sexual offences act, 2012 (for short, the pocso act, 2012 ) and secured the presence of accused for trial. ..... not been challenged by the defence and therefore there is no need to go in detail about the minority and majority of the victim.27. ..... with the accused, she herself insisted the accused to take her away, in view of the findings recorded by the trial court that the victim was a minor, whether the accused can act upon on her version is the question for consideration. ..... statement of p.w.1 as per ex.p.1 and registered ex.p.41-fir in crime no.151/2016 under pocso act, 2012 and handed over the investigation to p.w.21.17. ..... and special judge, dharwad, in special sessions case no.18/2017 and to convict the respondent/accused for the offences punishable under sections363 366 and376of ipc and under section6of pocso act, in the interest of justice and equity. .....
Tag this Judgment!Court : Karnataka Dharwad
..... even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. ..... if they claim so, they should work and act in that regard with utmost care and caution. .....
Tag this Judgment!Court : Karnataka Dharwad
..... even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. ..... if they claim so, they should work and act in that regard with utmost care and caution. .....
Tag this Judgment!Court : Karnataka Dharwad
..... even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. ..... if they claim so, they should work and act in that regard with utmost care and caution. .....
Tag this Judgment!Court : Karnataka Dharwad
..... even today, major section of the society believe that the news item published in the newspaper as gospel truth without even looking for corroboration or verification. ..... if they claim so, they should work and act in that regard with utmost care and caution. .....
Tag this Judgment!Court : Karnataka Dharwad
..... the claimants namely the parents of the deceased filed a claim petition before the tribunal under section 166 of the act on the ground that the deceased was aged 20 years was earning rs.5,000/- per month and the family was running on the income derived out of the avocation ..... to respondent nos.3 and4: served) 2 this appeal is filed under section1731) of the motor vehicles act, 1988 against the judgment and award dated0201.2012 passed by the principal senior civil judge and additional ..... this appeal under section 173(1) of the motor vehicles act, 1988 (hereinafter referred to as the act for short) has been filed by the respondent-insurance company being aggrieved by the judgment and award dated 02.01.2012 passed by the principal senior civil judge and additional motor accident ..... prabhugouda s/o ninganagouda patil, age : major, occ: agriculturist, r/o saunshi, tq: kundgol, ..... prakashgouda s/o virupaxagouda patil, age : major, occ: agriculturist, r/o saunshi, tq: kundgol ..... multiplier method, this court in exercise of its power under order 41 rule 33 cpc should grant the relief which ought to have been granted by the tribunal, as in a claim arising under motor vehicles act, the tribunal is required to award just and reasonable compensation.10. ..... 19 commissioner signed the contract at his own discretion; and further, that the contract not having been entered into in the form as required under section 175(3) of the government of india act, 1935, was not enforceable against the state government. .....
Tag this Judgment!Court : Karnataka Dharwad
..... is extremely unsafe and hazardous to base the conviction for the alleged minor offence ,based only on the child/victim evidence on record, when the accused is already been exonerated for alleged major offences, moreover when the competence of pw2 and credibility of the witnesses are in doubt ,also when entire prosecution papers raise a question as to the happening of alleged offence, the sessions ..... in sessions case no.157/2018 dated0303.2020, so far it relates to acquittal of the respondent/ accused for the offences punishable under section376of ipc and under sections4and6of pocso act and to set aside the judgment and order of acquittal passed by the trial court in so far its relates to acquittal of respondent/accused for the offence punishable under section376of ipc and ..... original of the statement, which would form part and parcel of the court records, is a primary evidence under section 62 of the evidence act for proving the fact that the said witness had appeared before the magistrate on the date found thereon and had given a statement, but, ..... removed her underwear, fell on her, and threatened to throw her into the river if she disclosed this act to her mother, at which point she screamed, the aunty who she didn't know the name of ..... recording the victim s evidence that victim was unable to understand the things and thus no oath was administered under oath act; whereas, the learned magistrate did not follow the procedure before recording statement under section 164 of cr.p.c. .....
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