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 .....
Tag this Judgment!Court : Karnataka Dharwad
..... that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is 27 to be punished with the punishment provided for the original offence. learned counsel for ..... ill treatment by accused no.1/appellant at the time when she came to his house for attending festival. as such, there is no proof of direct or indirect acts of incitement by the accused to the deceased for commission of suicide. mere, allegation of harassment of the deceased by accused would not suffice to attract the provisions of ..... by his wife in the matrimonial home, failing which, adverse inference can be drawn as per the provision of 13 section 106 read with section 114 of indian evidence act. as such he prays to dismiss the appeal.15. having heard the learned counsel for both the sides and having perused the documents, the points that would arise for .....
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
..... therefore, the married sister neither depending on the deceased nor entitled to represent the estate of the deceased. therefore, granted compensation only under section-140 of the mv act, due to difference of factual matrix involved in the above stated case and in the present case, the same is not applicable in the present case, so ..... sister is by virtue as a legal representatives . hence, can maintain claim petition but awarded compensation under no fault liability theory as per section-140 of the mv act. therefore, the term legal representative has wider meaning compared to legal heir. therefore, the claim petition filed by the mother of the deceased as claimant no.2 ..... . legal heirs can be both legal heirs and legal representatives , but legal representatives may not be in all cases legal heirs . but under section-166 of mv act, the words used is legal representative can maintain claim petition.12. the hon ble apex court in the case of manjuri bera s referred to supra, while referring .....
Tag this Judgment!Court : Karnataka
..... the writ petitions is whether the respondents have jurisdiction to levy value added tax ( vat ) under the provisions of the karnataka value added tax act, 2005 ( kvat act ) kvat act on atm management services provided by the petitioner to various banks across the state of karnataka on which the petitioner has already paid service tax as ..... which fixed revenue as well as transaction base revenue is earned. (iv) the subject transactions of atm management services are not liable to vat under the kvat act and the state of karnataka does not have the legislative competence to levy vat on such a transaction. a pure service transaction not entailing any transfer of property ..... .26262 of 2019 said transaction has even been alleged in the impugned order, levy of vat is completely without jurisdiction. (xii) in any case, kvat act does not contain any provision by which an indivisible contract of services and goods inviting transfer of right to use could be split and consideration segregated to charge .....
Tag this Judgment!Court : Karnataka
..... the writ petitions is whether the respondents have jurisdiction to levy value added tax ( vat ) under the provisions of the karnataka value added tax act, 2005 ( kvat act ) kvat act on atm management services provided by the petitioner to various banks across the state of karnataka on which the petitioner has already paid service tax as ..... which fixed revenue as well as transaction base revenue is earned. (iv) the subject transactions of atm management services are not liable to vat under the kvat act and the state of karnataka does not have the legislative competence to levy vat on such a transaction. a pure service transaction not entailing any transfer of property ..... .26262 of 2019 said transaction has even been alleged in the impugned order, levy of vat is completely without jurisdiction. (xii) in any case, kvat act does not contain any provision by which an indivisible contract of services and goods inviting transfer of right to use could be split and consideration segregated to charge .....
Tag this Judgment!Court : Karnataka Dharwad
..... counsel shri mayank jain for the respondent/assessee submitted that the reliance on evidence of transporters itself is without jurisdiction contrary to income tax act, indian evidence act and civil procedure code therefore, the evidence of transporters cannot be relied on by the assessing officer. this is the law as understood from reading ..... of companies in which sri g janardhana reddy is interested. the alleged transporters have admitted in the sworn statements recorded under section 131 of the act, that they have not rendered any transportation services to the assessee company. insofar as examination of the bank statements of the alleged transporters showed ..... assessee was not given an opportunity for cross- 4 examining the transporters whose statement were recorded by the assessing authority under section 131 of the act. insofar as illegal mining expenses claimed, the tribunal deleted the disallowance of expenditure relating to the illegal mining by holding that explanation to section 37 .....
Tag this Judgment!Court : Karnataka
..... the following contentions: (cid:1) the impugned action of recalling the original tender is contrary to section 14 of the karnataka transparency in public procurement act, 1999 ( the act for short); (cid:1) the impugned order does not indicate any reason as to why the tender has been recalled; (cid:1) the ..... shashikiran shetty k., sr.advocate a/w sri manu kulkarni, advocate) 2 and: karnataka power corporation limited a government company within the meaning of companies act, 2013 having its registered office as shakthi bhavan no.82, race course road bengaluru 560 001 represented by its authorised representative. ... respondent (by sri pramod nair ..... raj.) 311 001 represented by its authorized signatory mr.c.n.prahlada rao aged about76years.2. emta coal limited company within the meaning of company under companies act, 2013 having its registered office5, nandalal basu sarani kolkata 700 071 represented by its authorized signatory mr. somnath panth aged about45years. ... petitioners (by sri .....
Tag this Judgment!Court : Karnataka
..... concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to ..... bilateral relations with any country or to the strategic and/or economic interests of india or if such person is allowed to leave, he may potentially indulge in an act of terrorism or offences against the state and/or that such departure ought not be permitted in the larger public interest at any given point in time. (m) ..... for over 35 years. a company by name associate d cor limited ( company for short) comes to be registered in the year 2007 under the provisions of the companies act, 1956, a company that would deal with wood products in the state of karnataka. the petitioner claims to have assets and businesses both in india and abroad particularly in .....
Tag this Judgment!Court : Karnataka
..... charges leveled against the accused, prosecution enjoys the presumption as is contemplated under section 29 and 30 of the pocso act.-. 24 - crl.p no.12080 of 2022 34. for ready reference those provisions are culled hereunder: section 29: presumption as to certain offences. where a person ..... of element of force and therefore, no ingredients whatsoever to attract the offence under section 3 and 5 punishable under section 4 and 6 of the pocso act cannot be countenanced in law, more so, at the stage of considering the bail application.33. further, after the prosecution discharges the initial burden about the ..... thought v. union of india and another reported in (2017) 10 scc800 while dealing with similar situation has held as under: 46. section 3 of the pocso act defines penetrative sexual assault . clause (n) of section 5 provides that if a person commits penetrative sexual assault with a child, then that person actually commits .....
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