Court : Karnataka
..... , a policeman assaulting a domestic help or indulging in domestic violence would certainly not be entitled to protection. ..... cognizance taken by a court upon such sanction, during the period commencing on the 20th day of august, 1991 and ending with the date immediately preceding the date on which the code of criminal procedure (amendment) act, 1991, receives the assent of the president, with respect to an offence alleged to have been committed during the period while a proclamation issued under clause (1) of article 356 of the constitution was in force ..... contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the forces charged with the maintenance of public order in a state while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause (1) of article 46 356 of the constitution was in force therein, except with the previous sanction of the central ..... person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed or, as the case ..... 2005) 1 scc122:2005 .....
Tag this Judgment!Court : Karnataka
..... to cite an example, a policeman assaulting a domestic help or indulging in domestic violence would certainly not be entitled to protection. ..... sanction of the government, to prosecute a police officer, for any act related to the discharge of an official duty, is imperative to protect the police officer from facing harassive, retaliatory, revengeful and frivolous proceedings. ..... the object of sanction for prosecution, whether under section 197 of the code of criminal procedure, or under section 170 of the karnataka police act, is to protect a public servant/police officer discharging official duties and functions from harassment by initiation of frivolous retaliatory criminal proceedings. ..... (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (1 of 2014) (a) in the case of a person who is employed or, as the case .....
Tag this Judgment!Court : Karnataka
..... policeman assaulting a domestic help or indulging in domestic violence would certainly not be entitled to protection. ..... or any competent authority shall, after the receipt of the proposal requiring sanction for prosecution of a public servant under this sub-section, endeavour to convey the decision on such proposal within a period of three months from the date of its receipt: provided also that in case where, for the purpose of grant of sanction for prosecution, legal consultation is required, such period may, for the reasons to be recorded in writing, ..... of the code of criminal procedure, 1973 (2 of 1974) and directed the complainant to obtain the sanction for prosecution against the public servant for further proceeding: provided further that in the case of request from the person other than a police officer or an officer of an investigation agency or other law enforcement authority, the appropriate government or competent authority shall not accord sanction to prosecute a public servant without providing ..... to have been committed by a public servant, except with the previous sanction save as otherwise provided in the lokpal and lokayuktas act, 2013 (a) in the case of a person who is employed, or as the case may be, was at the time of commission of the alleged offence employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person ..... 2005) 1 scc122:2005 .....
Tag this Judgment!Court : Karnataka
1. petitioner has called in question the proceedings in crl.misc.no.84/2008 on the file of j.m.f.c., somwarpet,2. the domestic violence report is filed before the learned magistrate interalia alleging violence against the complainant. in pursuance of the said report and the complaint, the learned magistrate had initiated the proceedings. at this stage, this petition has been filed.3. learned counsel for the petitioner submits that, there is no allegation of any violence alleged in the complaint and as such, the proceedings are vitiated.4. the domestic violence is reported in the prescribed form, prima facte, tisfg* discloses the alleged violence. even if any details are shortcoming, it is open to the petitioner to raise objections before the learned magistrate and learned magistrate would consider the objections at the appropriate stage.accordingly, the petition fails and same is dismissed.
Tag this Judgment!Court : Karnataka
..... thereafter it came to be registered as o.s.no.119/2005; the ex-husband filed his written statement resisting the suit on several grounds; he has uttered talaq; he contracted another marriage; he has begotten a child too; wife had filed dowry harassment case in cc no.3744/1992, crl.a.no.468/1998 & crl.r.p.no.95/2003; he was acquitted in the dowry harassment case; ex-wife should invoke the provisions of the muslim women (protection of rights on divorce) act, 1986; in no circumstance, he would pay ..... as it ordinarily does in any other community; this very status gives rise to certain justiciable obligations; they are ex contractu; a muslim marriage is not a sacrament, does not repel certain 9 rights & obligations arising from its dissolution; such a marriage dissolved by divorce, per se does not annihilate all the duties & obligations of parties by lock, stock & barrel; in law, new obligations too may arise, one of them being ..... dignity and non-discrimination enshrined in the constitutions, legislative instruments and human rights treaty regimes in the globe only present a fractured reality and a fragile framework for the human rights of women; discrimination based on gender stereotype, stigma, harmful & patriarchal cultural norms, and gender based violence which particularly 16 affect women, have an adverse impact on their ability to gain access to justice on an equal basis qua men. ..... the international treaties & conventions animate our domestic law, be it legislation, precedent, custom .....
Tag this Judgment!Court : Karnataka Dharwad
..... premium15,406.9112.bank balance9,275.2913.household articles2,42,591.0014.handloans given by the accused72,000.00 total assets10,38,029.20verifiable expenditure1.stamp duties3,883.502.penalties paid to hdmc3,000.003.domestic expenditure1,02,302.004.electricity charges1,523.205.telephone charges11,080.306.education expenses14,971.007.bank locker rent925.008.dogs maintenance3,150.009.payment of house tax5,497.5410.stall ..... as required by the conduct rules may be a ground to initiate disciplinary actions as per the service rules but that by itself cannot be a ground to totally reject the documentary evidence proved in accordance with the provisions of indian evidence act; that the provisions relating to filing of annual assets and liability statement in the conduct rules are procedural laws as such, the admissibility and prerogative value of the evidence led by the appellant with regard to ..... running the lorry and those incomes have not been taken into account by the investigating officer, that domestic expenditure assessed by the investigating officer is highly exaggerated; that his contribution to the domestic expenses was hardly about 60% whereas the remaining amount was being contributed by his father and wife from out of the income derived by them from the businesses run by them; that valuation of the household articles is also excessive and that ..... article 20 of the constitution gives a protection in respect of conviction for offences ..... inbasagaran (air 2006 sc 552 : 2005 air scw 6208 : 2006 cri .....
Tag this Judgment!Court : Karnataka
..... the gist of the allegation against the respondent-conductor is that, thereafter from 18.08.2005 to 28.08.2005, the petitioner remained absent without obtaining prior permission and hence, a report regarding unauthorized absence was prepared on 24.08.2005 by the traffic manager and forwarded by the depot manager to the divisional controller on 25.08.2005 stating that on account of the unauthorized absence, the depot has suffered monetary loss on account of disruption of services and also ..... it has further held that the fact of holding that the domestic enquiry was held in a fair and proper manner, would only be sufficient to hold that the charges were made known to the workmen and he ..... 33(2)(b) of the act, the jurisdiction of the industrial tribunal is confined to the enquiry as to (i) whether a proper domestic in accordance with the relevant rules/standing orders and principles of natural justice has been held; (ii) whether a prima facie case for dismissal based on legal evidence adduced before the domestic tribunal is made out; (ii) whether the employer had come to a bona fide conclusion that the employee was guilty and the dismissal ..... respondent before the labour court are left open by the labour court and the only issue concluded by the order impugned before the learned single judge is as to whether the domestic enquiry held against him was fair and proper. ..... act is required to only look into the material evidence on record and examine whether the findings recorded in the domestic .....
Tag this Judgment!Court : Karnataka
..... pw-17 who is the sanctioning authority, and pw-17 without any basis of allegation of forgery by accused no.1 and without 30 application of mind, he has mechanically issued pso against accused no.1, which proves that pw-17 has acted mechanically and as such it has occasioned in miscarriage of justice due to omission or irregularity caused by pw-17 due to his non-application of mind, which is fatal to the case of the prosecution. ..... learned counsel contends that a suo motu move on the part of the police officer to investigate a cognizable offence impelled by the information received from some sources is not outside the purview of the provisions contained in sections 154 to 157 of the code of criminal procedure or any other ..... who was working as a chief manager, vigilance department, sbm, head office, bangalore from 2002 to 2005 has spoken about he having conducted preliminary investigation and submitted a report in respect of ..... involuntary, are not crimes but when they take a concrete shape of an agreement to do or caused to be done an illegal act or an act which is not illegal, by illegal means then even if nothing further is done, the agreement would give rise to a criminal conspiracy ..... further, on the complaint based on source information, domestic inquiry was also initiated 99 against accused no.1 narayanappa and subsequently he has ..... further, on the complaint based on source information, domestic inquiry was also initiated against accused no.1 narayanappa and subsequently he has .....
Tag this Judgment!Court : Karnataka
..... of - 187 - scrap export incentive, rent received, interest income and gain on exchange rate fluctuation should be treated as profits and gains derived from export and exempted u/s.10a of the act contrary to the judgment of the apex court in sterling sea foods 237 itr579 [question of law no.21 in ita nos.907 & 909/2008; question of law no.17 in ita nos.904 & 905/2008; question of law nos.4, 5, 6, 7 in ita nos ..... the assessee files the necessary particulars and claims relief under the provisions of the double taxation avoidance agreement, the limitation placed by domestic law would yield to the tax relief provided for under the double taxation avoidance agreement. ..... & whether the tribunal was correct in reversing the finding of the commissioner exercising jurisdiction u/s 263 of the act that the expenses of rs.18.15 crores had been explained by the assessee under a letter dated 11.11.2005 which did not reflect the correct details to consider the expenses and therefore the details sought in the subsequent letters by the department dated 13.12.2005 and 25.01.2006 were not considered by the tribunal and consequently recorded a perverse finding?. ..... the said questions arose for consideration before this court in the assessee s case in ita no.3198/2005 which was decided on 28.2.2012 where the substantial questions of law were answered in favour of the assessee and against the ..... notices u/s 142(1) were issued on various dates beginning from 25.01.2005, 08.02.2005, 14.03.2005 and 15.03.2005. .....
Tag this Judgment!Court : Karnataka
..... on the said question, the supreme court endorsed the views of patna, delhi and madras high courts that the arbitral tribunal, even after termination of proceedings under section 25(a) of the act, on sufficient cause being shown, could recall the order and recommence the proceedings; and held that in the given case, the arbitral tribunal committed an error in holding that it had no jurisdiction to ..... dixit writ petition nos.19822/2018 & 19834/2018 (gm-res) between: radiant infosystems limited a company incorporated under the provisions of the companies act, 1956, and having its office at22271, div no.52a9h main, bsk ii stage bangalore 560 070, herein represented by its authorized representative and senior ..... issues as regards the nature of the (underlining supplied for emphasis) power exercised by the chief justice of high court or the chief justice of india under section 11(6) of the act and the co-related aspects were also the subject matter of decision before the larger bench in the case of patel engineering ltd. ..... the constitution of india, praying to quash the impugned orders dated2102.2018 and2604.2018 passed by the arbitral tribunal in ac no.128/2017 vide annexure-a & b before the arbitration and conciliation centre, bengaluru (domestic and international, and consequentially and etc. ..... contend that a writ petition is maintainable against the orders passed by the arbitral tribunal, but we are afraid, no such ratio is discernible from the said decision. ..... : (2005) 8 scc618in support .....
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