Court : Karnataka Kalaburagi
..... the order of detention dated 04/02/2016 (annexure d ) specifies that the period of detention is for a period of twelve months from the date of detention, which is also the maximum period prescribed under section 13 of the act, nevertheless the state government has reviewed the order of detention once every three months and the matter would have to rest on this aspect of the case. ..... the present case are made as under: (a) in cherukuri mani, the initial order of detention dated 05/10/2013, passed by the collector and district magistrate, east godavri district, under section 3(2) of the andhra pradesh act, was assailed along with the order dated 06/11/2013, which was passed by the government of andhra pradesh after - 52 - obtaining a report from the advisory board. ..... the basis of the observations made in the aforementioned decisions, the hon ble supreme court referred to the detention order passed under section 3 of the national security act in the case of ashok kumar and held that it is not necessary for the detaining authority to specify the period of detention while making the order of detention ..... having regard to the aforesaid discussion, we are inclined to follow the judgment of the hon ble supreme court in t.devaki s case as discussed in detail above to hold that the period specified in section 3(2) of the act does not relate to the period of detention, but to the period of delegation made by the state government in favour of the district magistrate or the commissioner of police.45 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... chowdapur, learned counsel for the respondent/accused vehemently contended that the trial court was not justified in convicting the accused both under sections 376 of ipc and 4 of the pocso act and therefore, taking note of the fact that he has been convicted for both the offences and sentencing the accused for a period of five years is justified in the facts and circumstances of the case, ..... 9 pleader vehemently contended that approach of the trial court in sentencing the respondent/accused for a period of five years for the offence under section 4 of the pocso act is illegal as minimum sentence that is prescribed under the provisions of section 4 of the pocso act is seven years and there is no discretion vested in the learned special judge to reduce the minimum sentence of seven years to five years and sought for allowing the ..... is submitted that, the trail court has not considered the material important evidence of victim girl and has not awarded maximum punishment under section 4 of the pocso act, this hon'ble court to please to modify the order under challenge and there by convict by awarding maximum punishment to the respondent/accused. ..... and additional district and sessions judge, bidar, in special case no.58/2014 where by2imposing maximum sentence on the respondent for the offence punishable under section376of ipc and section4of the pocso act, 2012; convict and sentence the respondent/accused for all the offences with which he has been charged, in accordance with law. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... controversy over the meaning of the terms "hostile" witness, "adverse" witness, "unfavourable" witness which had given rise to considerable difficulty and conflict of opinion in england, the authors of the indian evidence act, 1872 seem to have advisedly avoided the use of any of those terms so that, in india, the grant of permission to cross- examine his own witness by a party is not conditional on ..... and after trial, the special court had convicted the appellant for the offence punishable under section5(m) of protection of children from sexual offences act, 2012 which is punishable under section 6 of protection of children from sexual offences act, 2012 and sentenced him to undergo rigorous imprisonment for a period of 3 10 years with fine of rs.10,000/- and with a default clause ..... regarding providing legal assistance to the 46 victim or parents of the victim as per section 40 of the pocso act, which confers a right on the victim or her parents to take assistance of the legal counsel of their choice of any offence committed under the pocso act or if the family or guardian of the victim child are unable to appoint their own legal counsel, then it ..... under these circumstances as stated supra, certain guidelines are necessarily to be issued to the special courts while trying the offences under the provisions of pocso act, which are articulated as follows; i) soon after receipt of the complaint and fir, the special judge, shall pass order providing necessary medical treatment and ..... (1910) .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... to make it clear that, the court may take into consideration such confession and thereby make it evident on which the court may act, but, it does not say that the confession amounts to proof. ..... 2(k) of juvenile justice (care and protection of children) act, 2000 (in short `the jj act'), the age of juvenility is 18 years or below.13 ..... these factual features so narrated supra, have been proved the brutal act of the accused in the commission of the crime. ..... of the offence, it is an obnoxious act of the highest order. ..... further acting under section 33(8) of the pocso act, 2012 and according to the guideline no.12 of nalsa s compensation scheme for women victims/survivors of sexual assault/other crimes, 2018, the maximum - ..... have been substantially changed by criminal law amendment act, 1983 and several new sections were introduced by the new act. ..... the pocso act, 2012 is ..... case (pocso) no.4/2020 for the offences under section 366(a), 376(a)(b), 302, 201 of indian penal code (`ipc for short) and under sec.4, 6, 8 of the protection of children from sexual offences act, 2012 (for short `pocso act ).-. ..... no hesitation to confirm the conviction of the accused for the offences punishable under section 366(a), 376(a)(b), 302, 201 of indian penal code and under secs.4, 6, 8 of pocso act 2012.-. ..... victim girl, aged 8 years, the daughter of pw.1 for the offences as under: the accused is sentenced to death for the offence punishable under sec.302 of indian penal code and under sec.6 of pocso act, 2012 r/w. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said term; provided that if an election to the (board) of any co-operative society had already been held in accordance with the bye-laws of such society, prior to the commencement of the karnataka co- operative societies (amendment) act, 1997, the term of office of the (board) of such co- operative society shall be three years including the co-operative year in which such election was held. 13 17. ..... if the definition of word casual is read in conjunction with reference to the provisions of sub-rule 4 of rule 14-ak and sub-section (2) of section 28(a) of the act, then it must be held to mean that the elections or nominations are impermissible under the provisions of section 29(e), when the total sum of members to be elected/nominated is less than the strength stipulated under sub-rule (4) of ..... he would contend that where the registrar is of the opinion that a co-operative society is unable to function in accordance with the provisions of the act, rules or bye-laws on account of number of members of the board falling short of the required numbers to form 8 a quorum due to disqualification, resignation or death or removal of a member, the registrar, is required to appoint a special officer, the term ..... the learned counsel for respondent no.5 would draw the attention of this court to the provisions of sub-section (2) of section 28(a) of the act and would contend that to constitute a board of management, there must be not less than 11 number of members including the chief executive.7. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... though it is proved by the prosecution that deceased suffered homicidal death because of drowning, the burden is on the prosecution to prove that it is because of the act of the accused, deceased suffered the death in his hands and the two other children indrakumar and basavaraj were the victims in the hands of the accused of whom there was an attempt to cause murder ..... when these victims where with the accused the attending act of the accused in causing the murder of kum.gagana and throwing the two boys in the well showed that he was not deprived of any reasoning power to distinguish between ..... state of maharastra4 the apex court held that to establish that acts done are not offences under section 84 of ipc it must be proved clearly, that at the time of commission of the act the accused was incapable of knowing the nature of the act because of unsoundness of 4 (1973) 4 scc79- 24 - ..... him guilty and not entitled to the benefit under section 84 of the ipc and he knew the nature of his act as evident from his fleeing the spot to evade arrest. ..... the accused must not be capable of knowing the nature of the act or that what he was doing was wrong or contrary to ..... , there is consistent evidence of pw.3 to 5 and 12 about the act of the accused in throwing the three children in the well. ..... offence which is done by a person who, at the time of doing it, by reason of unsoundness of mind, is incapable of knowing the nature of the act, or that he is doing what is either wrong or contrary to law.39. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... employer. if once such fraud is detected, the appointment orders themselves which were found to be tainted and vitiated by fraud and acts of cheating on the part of employees, were liable to be recalled and were at least voidable at the option of ..... tiwari, aga for r12) these writ appeals are filed under section4of the karnataka high court act, praying that this court may be pleased to allow this appeal and set aside the final order dated0904.2019 passed by the learned single judge in w.p.no.203450-203460/2014 (s-dis) and to ..... it was entirely wrong in holding that such an invalid act could not be subsequently rectified by ratification of the ..... . ratification would always relate back to the date of the act ratified and so it must be held that the services of the appellant were validly ..... . ratification would always relate back to the date of the act ratified and so it must be held that the services of the appellant were validly ..... petitioners herein were issued with show cause notices on 17.1.2014 seeking to show cause as to why their services should not be discharged in the light of them playing fraud on the court to secure employment by their act of submission of false, fabricated, forged and bogus marks cards ..... pp. 90-91) no public body can be regarded as having statutory authority to act in bad faith or from corrupt motives, and any action purporting to be that of the body, but proved to be committed in bad faith or from corrupt motives, would certainly be held to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... by the order of detention of her husband under the provisions of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, gundas, immoral traffic offenders, slum-grabbers and video or audio pirates act, 1985 (hereinafter referred to as "goonda act") dated 10.04.2023 passed by the district commissioner and district magistrate, vijayapur (respondent no.2) in case bearing no.mag-cr-24/2021- - 3 - 22, as well as the confirmation order passed by the state of ..... we are dealing with the case of personal liberty of the detenue since he is in detention from 10.04.2023 and respondents have failed to comply the mandatory provisions contemplated under the goonda act - 29 - and also the order of detention is passed against the law laid down by the hon'ble apex court and also the coordinate bench of this court in catena of ..... , there was no sufficient opportunity given to the detenue to submit his representation either before the government or before the advisory board as contemplated under section 3(3) of the goonda act which not only a gross violation of the provisions of law but also the violation of natural justice under article 22(5) of the constitution of india as per the settled position ..... question of maintainability of the writ petition by contending that the writ of certiorari is not maintainable in case of illegal detention under goonda act and the petitioner has to challenge the same in a writ of habeas - 12 - corpus as held by the coordinate bench .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 308, 273, 284 of ipc & 32, 34 of ke act 308, 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 34 of ke act 308, 273, 284 of ipc & 34 of ke act 273, 284, 308, 328 of ipc & 32, 34 of ke act 308, 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 273, 284 of ipc & 32, 34 of ke act 448, 323, 354, 427, 504, 506 ..... r/w 34 of ipc273 284 of ipc & 32, 34 of ke act stage acquitted on 04.01.2008 acquitted ..... or order in the nature of certiorari quashing the order of respondent no.2 vide bearing no.rev/mag/goonda act/87/2015-16 dated 29.12.2015 under section 3 of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers act 1985 (karnataka act no.12/1985) and same is considered and confirmed by the state advisory committee bearing order no.hd01sst2016dated 03.02.2016 and .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... whoever uses any prohibited arms or prohibited ammunition or does any act in contravention of section 7 and such use or act results in the death of any other person, shall be punishable ..... or which establish the identity of anything or person whose identity is relevant, or fix the time or place at which any fact in issue or relevant fact happened, or which show the relation of parties by whom any such act was transacted, are relevant in so far as they are necessary for that purpose. ..... identification is subject to the definition of proof in terms of section 3 of the evidence act and must satisfy 15 the test laid down therein. ..... since the offences under sections 25(1a) and 27 of the arms act are exclusively triable by the sessions court, the matter was committed to ..... accused-appellant for the offences under section 506 ipc and sections 25(1a) and 27(1) of arms act is not sustainable either in law or on facts. ..... and sections 25(1a) and 27(1) of the arms act, 1959, and directed to undergo ri for a period of 7 years, 2 years, 7 years and 5 years respectively and also to pay a fine of rs.2,000/- each for the offence punishable under ..... 27 of the arms act are reproduced below.25. ..... section 9 of the evidence act speaks about facts 14 necessary to explain or ..... 27 of the arms act, 1959. ..... evidence will be taken into consideration insofar as it relates to the threat allegedly held out to her in order to sustain the conviction for the offence punishable 23 under section 506 ipc and 25(1a) and 27 of arms act. .....
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