Court : Karnataka Kalaburagi
..... holders, particularly the chairmen of juvenile justice board and its members, presiding officers of special courts under the pocso act, police officers and doctors, who are the stake- holders entrusted with the task of age determination of the juvenile in conflict with law in any manner ..... aged less than 18 years, then he shall be referred to juvenile justice 45 board for all further proceedings as per the provisions of the pocso act.34. it is also necessary to direct the karnataka state judicial academy and karnataka legal services authorities to conduct appropriate legal awareness programs to all stake- ..... 2015 passed by the principal district and (holding concurrent charge of addl. sessions judge, bidar), in special case no.4/2015 while passing order under section34of pocso act . bidar judge at this petition having been heard and reserved for order on1003.2016, coming on for pronouncement of order , this day, the court passed the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... holders, particularly the chairmen of juvenile justice board and its members, presiding officers of special courts under the pocso act, police officers and doctors, who are the stake-holders entrusted with the task of age determination of the juvenile in conflict with law in any manner ..... law is aged less than 18 years, then he shall be referred to juvenile justice board for all further proceedings as per the provisions of the pocso act. 34. it is also necessary to direct the karnataka state judicial academy and karnataka legal services authorities to conduct appropriate legal awareness programs to all stake- ..... special judge that the said documents were subjected to tampering by somebody, whether still such documents could be relied upon under section 35 of the indian evidence act and whether it can still be said that they are maintained in the regular course of business, without there being any access for tampering those documents. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be read along with the equally important principle that every government authority or instrumentality of the state (e.g. a public sector undertaking like the respondent) must act in a non-arbitrary manner. we cannot consider only the first principle and ignore the second one. in fact the second principle i.e. the principle that arbitrariness ..... cases that transfer is an exigency of service, but at the same time it must also be understood that no government authority or instrumentality of the state can act arbitrarily, as arbitrariness violates article 14 of the constitution vide maneka gandhi v. union of india, air1978sc597 thus the principle that transfer is an exigency of service ..... of india and others 14/22 15. we are of the clear opinion that the guidelines do not have any statutory force and binding effect and cannot act as a straight jacket, never to be deviated by the concerned controlling authority of the respondent corporation. the relevant extract from the judgment of the hon ble .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be read along with the equally important principle that every government authority or instrumentality of the state (e.g. a public sector undertaking like the respondent) must act in a non-arbitrary manner. we cannot consider only the first principle and ignore the second one. in fact the second principle i.e. the principle that arbitrariness ..... cases that transfer is an exigency of service, but at the same time it must also be understood that no government authority or instrumentality of the state can act arbitrarily, as arbitrariness violates article 14 of the constitution vide maneka gandhi v. union of india, air1978 sc597. thus the principle that transfer is an exigency of ..... be there in the present case. 15. we are of the clear opinion that the guidelines do not have any statutory force and binding effect and cannot act as a straight jacket, never to be deviated by the concerned controlling authority of the respondent corporation. the relevant extract from the judgment of the hon'ble .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... scc602 (hitendra vishnu thakur), the hon ble supreme court in the context of substantive and procedural law has laid down the ambit and scope of an amending act and its retrospective operation in the following terms: (i) a statute which affects substantive rights is presumed to be prospective in -45- operation unless made retrospective ..... prior to 20th december, 2004 unaffected can also not lead to the inference that the daughter could be a coparcener prior to the commencement of the act. the proviso only means that the transactions not covered thereby will not affect the extent of coparcenary property which may be available when the main provision ..... that class who claimed through such female relative, the interest of the deceased in the mitakshara coparcenary property would devolve by testamentary or intestate succession under the act and not by survivorship. thus, the rule of survivorship would come into play (i) when the deceased left behind him surviving a female relative specified .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... who recorded his statement and submitted a detailed report to the deputy commissioner for taking necessary action as is required under section 48(1)(ii) of the act. the deputy commissioner on receipt of the report of the assistant commissioner passed an order on 26.03.2019 declaring the post of adhyaksha of yalagod gram ..... the statement of 1st respondent and concluded that the resignation tendered by him was voluntary and forwarded the report of such inquiry made under section 48 of the act for further action to the deputy commissioner, vijayapura.3. on the expiry of 10 days from the date of resignation of the 1st respondent, the post ..... resignation even after completion of 10 days of its submission, the jurisdictional assistant commissioner, on 18.3.2019, conducted an inquiry as required under section 48 of the act and verified as to whether the resignation of the 1st respondent was voluntary or was pressure, coercive. it transpires, that in the said inquiry, the assistant commissioner .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... view of the statutory provisions. application of equity is confined to a limited class of cases such as section 53-a of the transfer of property act ('the tp act' for short). therefore, non-registered sale deed is not permitted to be looked into for the purpose of finding out whether the title has passed ..... defendants were estopped from resiling from the stated arrangement in the subject memorandum, which had recorded the settlement terms arrived at in the past and even acted upon relating to all the existing or future disputes qua the subject property amongst the (signatories) family members despite absence of antecedent title to the concerned ..... not required to be effected by registered instrument].. 3326. therefore, in view of this section, the documents of which registration is required by transfer of property act, 1882, shall be compulsorily required to be registered otherwise such documents shall not affect any immovable property. so, when once the transaction has been reduced .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of the high court of gujarat that the occupant of the car/jeep or pillion rider are also statutorily covered under section 147 of the m.v.act under the 'act policy', as these are to be categorized as third party. the high court of gujarat in the above cited case (supra) eruditely delivered judgment upon ..... policy compulsorily covering risk of third parties before making use the said vehicle for plying either in public place or in private place. therefore, the terminology of 'act policy/statutory policy/liability only policy' is being used. therefore, the contract of insurance between the insured and insurer in case of covering risk of third parties ..... laid down in the meena variyal's case (supra) is squarely applicable to the present facts, circumstances involved in these cases. section 147 of the m.v.act prescribes, requirements of policy of insurance and limits of liability, while in the proviso appended thereto carves out an exception to the main provision. it prescribes compulsorily .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... court and the first appellate court have concurrently held that she is in possession of the suit property. hence, the proviso to section 34 of the specific relief act is not attracted and the said substantial question of law is answered in the affirmative, against the defendant. 3328. the second substantial question of law is answered in ..... such transaction was not induced by undue influence, shall lie upon the person in a position to dominate the will of another. section 111 of the indian evidence act also states: where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of ..... law in entertaining suit for mere declaration and injunction without claiming the relief of consequential relief of possession, which is contrary of proviso to section 34 of specific relief act?.2. whether both the courts below were justified in law in decreeing the suit, when the plaintiff could not prove the fraud alleged to have been played by .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis- - vis a child. the act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life and fine and now as per the amendment capital punishment ..... accused, are proved. however, we want 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. in other words, there must clearly be other evidence and confession is only one element in the ..... at kalaburagi for convicting the appellant/ accused for the offences punishable under sec.366(a), 376(2)(i) 302, 201 of ipc and u/sec. 6 if pocso act,2012. this criminal appeal having been heard and reserved for judgment on1603.2023, pronounced judgment on64.2023 confirming the judgment dated1303.2020 of ii addl.sessions judge, kalaburagi in .....
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