Court : Karnataka Dharwad
..... proviso attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it incumbent ..... form of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... does not make any difference in proving execution of the will. the will might have been registered, but that does not prove the intention, willingness and voluntary act on part of the testator to execute the will and bequeathed the property in favour of dw.1. proof of execution of will is a component of proving .....
Tag this Judgment!Court : Karnataka Dharwad
..... is registered will, but it is not a compulsorily registerable document whereas the sale deed is compulsorily registerable document as per section 17 of the indian registration act. therefore where in the case the registered sale deed is questioned unless it is annuled or set aside the registration of sale deed has the presumption of its ..... of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it .....
Tag this Judgment!Court : Karnataka Dharwad
..... is registered will, but it is not a compulsorily registerable document whereas the sale deed is compulsorily registerable document as per section 17 of the indian registration act. therefore where in the case the registered sale deed is questioned unless it is annuled or set aside the registration of sale deed has the presumption of its ..... of attestation would be necessary.22. it cannot be gainsaid that the above legislatively prescribed essentials of a valid execution and attestation of a will under the act are mandatory in nature, so much so that any failure or deficiency in adherence thereto would be at the pain of invalidation of such document/instrument of ..... attached to this section relaxes this requirement in case of a document, not being a will, but has been registered in accordance with the provisions of the registration act, 1908 unless its execution by the person by whom it purports to have been executed, is specifically denied. 22.2. these statutory provisions, thus, make it .....
Tag this Judgment!Court : Karnataka
..... bangalore-56037. respondents (by sri. adinarayan.,advocate for r1 to r4; sri. a. madhusudhan rao., advocate for r5.) this mfa is filed u/s301) of employee's compensation act against the judgment and award dated0303.2016 passed in eca no.70/2014 on the file of the xxi additional small cause judge, & xix acmm, member, mact, bangalore, ..... at 12% per annum and directed respondent no.2 - insurer to pay the compensation awarded. being aggrieved the present appeal is filed by the insurer. 3 hereinafter referred as 'act' - 4 - nc:2024. khc:7770 mfa no.3856 of 2016 5. learned counsel for the insurer vehemently contended that respondent no.1 - owner did not follow the ..... hence, in the said case, the policy insurance was a motor policy whereas in the present case the policy has been specifically issued under the provisions of the act. hence, the liability of the insurer under the present policy being contractual one, the actual wages of the deceased was required to be taken into consideration.20. .....
Tag this Judgment!Court : Karnataka
..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... are prone to criminal tendencies and have proved their susceptibility to indulge in criminal activities by being found guilty (by a court) of having perpetrated a criminal act. one of the discernible purposes of imposing the penalty of imprisonment is to render the society immune from the criminal for a specified period. it is, therefore ..... it was, therefore, held in sunil batra case, that the solitary confinement, even if mollified and modified marginally, is not sanctioned by section 30 of the prisons act for prisoners under sentence of death . the crucial holding under section 30(2) is that a person is not under sentence of death , even if the sessions .....
Tag this Judgment!Court : Karnataka
..... above said evidence, prosecution proved beyond all reasonable doubt that accused has not committed offence punishable under sections 366 and 376 of ipc and section 6 of pocso act. by the evidence of material witnesses, prosecution has proved that accused no.1 has committed an offence of aggravated penetrative sexual assault on the victim girl and thereby ..... the said document as an admissible evidence. considering all these lapses, facts and circumstances and interpreting section 35 of indian evidence 41 crl.a.no.873/2017 act, the hon ble apex court held that the school leaving certificate was not proved by the prosecution. the evidence of pw-2 regarding her date of birth is ..... penetrative sexual assault repeatedly on the said minor girl in different places and thereby, accused no.1 had committed an offence punishable under section 6 of pocso act?. 23 crl.a.no.873/2017 iv) whether prosecution proved beyond reasonable doubt that accused no.1 had kidnapped minor victim on 13.10.2013 and when .....
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..... till the decree of restitution of conjugal rights was passed by the concerned court. 17 in another proceeding where the wife had instituted proceedings invoking domestic violence act, maintenance was paid to the wife up to the date of decree of restitution of conjugal rights. a memo of calculation is filed by the petitioner ..... 2005, wherein, it is provided that the matrimonial dispute should be decided within a period of one year. since the proceedings under section 13 of hindu marriage act is pending before the family court, bengaluru since 2015, the family court, bengaluru shall make an endeavour to conclude the same expeditiously preferably within a period of ..... from her society without any reasonable cause or excuse. hence, she is entitled 9 for decree of restitution of conjugal rights under section 9 of hindu marriage act, 1955. accordingly, i answer point no.4 in favour of the respondent by granting decree for restitution of conjugal rights. based upon the aforesaid observations, the .....
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..... and employee between first respondent and the deceased and thereby, the petitioners are entitled to claim compensation as dependants under section 22 of the workmen's compensation act, 1923.9. as regards quantum of compensation is concerned, the commissioner considered that the deceased was earning rs.4,000/- per month and he was ..... to drive the vehicle without valid driving licence, thereby, he has violated the terms and conditions of the policy, also the provisions of the motor vehicles act, thereby, the insurance company can avoid its liability. it is further contended that the commissioner has erroneously assumed that the deceased was holding a valid ..... :1717 mfa no.9827 of 2012 the spot. the legal representatives of the deceased have approached the commissioner seeking compensation under section 22 of the workmen compensation act. the claim was opposed by the insurance company. after taking the evidence, the commissioner by the impugned judgment awarded compensation of rs.4,23,580/- with .....
Tag this Judgment!Court : Karnataka
..... in such cases is vital and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should find no difficulty to act on the testimony of a victim of sexual assault alone to convict an accused where her testimony inspires confidence and is found to be reliable. seeking ..... point no.2 above, the accused has subjected the victim girl to aggravated penetrative sexual assault and thereby committed an offence punishable under section 6 of pocso act?. (v) whether the judgment of acquittal under appeal warrants any interference at the hands of this court?.13. before proceeding further in analysing the evidence led ..... few judgments in his support, which would be considered at the relevant places hereinafterwards. learned counsel for the accused further submitted that with respect to alleged act of rape, no final opinion was given by the doctor to that effect. the doctor had kept pending her final opinion awaiting the report from forensic science .....
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..... , claims and objections and memorandum of all kinds and to present them in courts.4. to appoint advocates or other practitioners, agents, attorneys to appear and act in the courts including tribunals and other authorities in connection with my above said property and to sign the vakalathnama and to swear to all affidavits.5. to ..... -to-day affairs of my property about it s repairs, maintenance, collect on of rents, payment of taxes and other dues on my behalf.2. to appear and act either personally or through an agent in all courts, civil, revenue, criminal and before all authorities, tribunals and offices of the government including semi- government bodies, tax ..... to be dismissed.26. in support of his submission, he relied upon the pleadings, oral and documentary evidence produced by both side and also provisions of indian contract act, 1872 and following judgments:1. r. l. pinto and another v.p.f air2001kar1412. clifford george pinto v. m.r.shenava and others air2005kar16727. as against .....
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