Court : Karnataka
..... the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. both the complainant and accused no.1 appears to have given undue importance for their ..... not as a consideration for marriage but out of love, affection or regard, would not fall within the mischief of the expression 'dowry' made punishable under the dowry act." in the instant case, as observed above, none of the prosecution witnesses have stated in specific and clear terms that demand for the alleged valuables in the form ..... that the accused committed the alleged offences punishable under section 498-a read with section 34 of indian penal code, 1860 and sections 3 and 4 of dowry prohibition act, 1961, warrants any interference at the hands of this court?. (ii) whether ia.no.1/2020 deserves to be allowed?.10. the petitioner in criminal revision .....
Tag this Judgment!Court : Karnataka
..... the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. both the complainant and accused no.1 appears to have given undue importance for their ..... not as a consideration for marriage but out of love, affection or regard, would not fall within the mischief of the expression 'dowry' made punishable under the dowry act." in the instant case, as observed above, none of the prosecution witnesses have stated in specific and clear terms that demand for the alleged valuables in the form ..... that the accused committed the alleged offences punishable under section 498-a read with section 34 of indian penal code, 1860 and sections 3 and 4 of dowry prohibition act, 1961, warrants any interference at the hands of this court?. (ii) whether ia.no.1/2020 deserves to be allowed?.10. the petitioner in criminal revision .....
Tag this Judgment!Court : Karnataka
..... /package policy covers the liability, there cannot be any dispute in that regard. we may hasten to clarify that the earlier pronouncements were rendered in respect of the act policy which admittedly cannot cover a third party risk of an occupant in a car. but, if the policy is a comprehensive/package policy , the liability would be ..... that a comprehensive/package policy would cover the liability of the insurer for payment of compensation for the occupant in a car. there is no cavil that an act policy stands on a different footing from a comprehensive/package policy . as the circulars have made the position very clear and the irda, which is presently the statutory ..... dispute occurrence of accident and injuries suffered by the claimant as a pillion rider and his only grievance is that even though offending scooter was covered with an act policy and no additional premium was paid to cover the risk of pillion rider, learned tribunal merely on account of the fact that there was policy coverage for .....
Tag this Judgment!Court : Karnataka Dharwad
..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....
Tag this Judgment!Court : Karnataka Dharwad
..... secretly and wrongfully using the opportunity of absence of his sister in her house and using the said house as a place for committing the offence. because of this act of the appellant/accused, an innocent, helpless girl believing that appellant/accused went with him in a car and she was subjected to rape by him. thereafter, mercilessly ..... murdered her and thereafter transported the dead body, tried to destroy the evidence by putting fire on the dead body which was half burnt. it is submitted that, his acts and actions discloses planning and pre-meditated actions and that the ghastly crime was committed in a barbaric manner.101. sub section (3) of section 354 cr.p.c ..... the conviction of accused for the offence of kidnapping, rape and murder under sections 363, 376(2)(f), 302, 201 of ipc and sections 4 and 6 of pocso act, 2012. while confirming the said sentence of conviction, we propose to commute the death sentence to life imprisonment *for a period of 25 years without remission* for the .....
Tag this Judgment!Court : Karnataka Dharwad
..... secretly and wrongfully using the opportunity of absence of his sister in her house and using the said house as a place for committing the offence. because of this act of the appellant/accused, an innocent, helpless girl believing that appellant/accused went with him in a car and she was subjected to rape by him. thereafter, mercilessly ..... murdered her and thereafter transported the dead body, tried to destroy the evidence by putting fire on the dead body which was half burnt. it is submitted that, his acts and actions discloses planning and pre-meditated actions and that the ghastly crime was committed in a barbaric manner.101. sub section (3) of section 354 cr.p.c ..... conviction of accused for the offence of kidnapping, rape and murder under sections 363, 376(2)(f), 302, 201 of ipc and sections 4 and 6 of pocso act, 2012. while confirming the said sentence of conviction, we propose to commute the death sentence to life imprisonment for a period of 25 years without remission for the offence .....
Tag this Judgment!Court : Karnataka
..... is seeking transfer to an eligible zone in another unit of seniority which does not have surplus teachers. xxxxxxxxxxxxxxxx; xxxxxxxxxxxxxxxx; xxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx after the amendment act, the prohibition on transfer of teachers from one 'unit of seniority' to another 'unit of seniority' shall be relaxed, inter alia, in the ..... the availability of teachers in government schools and pre-university colleges in rural areas and for the matters connected therewith and incidental thereto. the act, as it was promulgated, provided inter-alia for compulsory appointment of teachers to schools/pre-university in rural areas, transfer of teachers in ..... rules, 2017 (for short, 'the rules') as being ultra vires the provisions of the karnataka civil services (regulation of transfer of teachers) act, 2007 (for short, 'the act') with the alternative prayer for appropriate writ commanding the authorities/ respondent to grant/ accord exemption to the petitioners, and their co-applicants before the .....
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Reported in : 2007(4)KarLJ654
..... though may escape the consequences when such action is examined from the touchstone of article 14 and 16 of the constitution of india cannot be allowed to act arbitrarily to terminate the service of a permanent employee without valid and legally justifiable reason when examined from the touchstone of article 21 of the constitution ..... court has made a passing reference that in the private sector the managerial cadre of employees altogether is excluded from the purview of the industrial disputes act and similar labour legislation and the private sector can cut the deadwood and can get rid of the managerial cadre employee incase he is considered to ..... the decree of mandatory injunction for reinstatement etc cannot be granted since the first defendant is a public limited company incorporated under the provisions of the companies act, 1956, the defendants also denied that the order of termination is actuated by malafides. they have further attempted to justify that they have merely terminated .....
Tag this Judgment!Court : Karnataka
..... same has been registered in crime no.74 of 2003 for the offence punishable under sec.338 and 304 (a) of ipc and under sec.272 and 437 of forest act against the officials of the respondent. in the complaint it is clearly stated that the tree was infected and though representation was given no steps have been taken by the ..... (this writ appeal is filed u/s 4 of the karnataka high court act praying to set aside the order passed in the writ petition no.46526/2003 dated 15/12/2005) 1. this appeal is filed by the unsuccessful writ petitioners in w. .....
Tag this Judgment!Court : Karnataka
..... industries and public enterprises with government of india having shares with 93.69%. the respondent was incorporated as hindustan machine tools private limited, under the-then companies act of 1913 and 3 later on, its name was changed as hindustan machine tools and subsequently it has been called as hmt limited.3. the respondent establishment ..... between the said percentage, the concerned officer can calculate the damages, looking to the facts and circumstances of each case.19. section 7q of the epf act 1952 also deals with payment of interest for default in depositing of the contribution of the employees. under the said section, the legislation has mandated the concerned ..... uchchatar madhyamik vidyalaya vs. the regional provident fund commissioner and another3 rendered on 24.03.2023, it is held that under section 14b of the epf act, discretion power is given to the officer to impose the percentage of damages when the employer has defaulted in payment of contribution or there were arrears of .....
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