Court : Karnataka
..... , it is clear that the act done must be in the course of attempt, otherwise no offence is committed. section 309 of ipc renders the persons liable who has actually committed suicide but survived. the condition ..... mere intention to commit suicide are not at all punishable under section 309 of ipc.4. section 309 of ipc postulates that: whoever attempts to commit suicide and does any act towards the commission of such offence, shall be punished with simple 4 imprisonment for a term which may extend to one year (or with fine, or with both) .5. therefore .....
Tag this Judgment!Court : Karnataka
..... post facto sanction, of taluk panchayat is mandatory. subsequent resolution does not cure initial illegality and therefore under the 7 provisions of section 209 of the karnataka panchayat raj act, 1993, prior permission from the taluk panchayath is mandatory. therefore, he sought to allow the writ petition.9. per contra, sri vigneshwara s. shastry, learned ..... been transferred by way of resolution by the grama panchayath in favour of 5th respondent.15. the provisions of section 209 chapter xv of the karnataka panchyath raj act, 1993 deals with that 10 the grama panchayat may acquire, hold and dispose off property, etc, which reads as under: section 209. grama panchayath may acquire ..... proposal for disposal of immovable property in favour of the petitioners by the grarna panchayat. 14 11. the proviso to section 209 was deleted by amendment act 37 of 2003 but on the date of the impugned initiation of action to dispose of the immovable property owned by the grama panchayat the proviso was very .....
Tag this Judgment!Court : Karnataka
..... knowledge may bring by establishing such university where the history and culture of other areas can be carried which ultimately leads to strong and vibrant composite culture of india. this act also enhance the constitutional article 51-a (e) and 51-a (f) of the constitution of india, the state, which is nothing but a the fundamental duty to a)promote .....
Tag this Judgment!Court : Karnataka
..... appellant - revenue mr. k.s. ravishankar, adv. for respondent - assessee 1. the appellant - revenue has filed this appeal under section 35g of the central excise act, 1944 purportedly raising the substantial questions of law about the levy of service tax on the residential complex constructed by the respondent assessee, m/s. nithesh estates limited for ..... limited was exigible to service tax for the said period, because the said construction activity did not fall within the exclusion clause of section 65 (91a) of finance act, 1994, which defines residential complex as under:- section 65(91a) means any complex comprising of- (i) a building or buildings, having more than residential complex ..... substantial question of law would really arise in the present case including the question of extended period of limitation under section 73(1) of the finance act, 1994. when the levy of service tax on the respondent assessee itself is held to be illegal, the question of availability of extended period of .....
Tag this Judgment!Court : Karnataka
..... shastri bhawan rajendra prasad road new delhi-110001 2. bar council of india represented by chairman21 rouse avenue institutional area2w.p.no.25577/2018 near bal bhawan new delhi-110002 3. competition commission of india represented by chairperson the hindustan times house1820, kasturba gandhi marg new delhi-110001, india4 competition ..... litigation should not be allowed to be used for suspicious products of mischief. firstly, the supreme court has limited standing in pil to individuals "acting bona the supreme court has sanctioned the imposition of "exemplary costs" as a deterrent against frivolous and vexatious public interest litigations. thirdly, the supreme ..... 16 w.p.no.25577/2018 to the petitioner under public interest. therefore, the court ordered the registry initiate prosecution proceedings against the contempt of courts act. additionally, the court forbade the registry from entertaining any future pil petitions filed by the petitioner, who was an advocate in that case.153. .....
Tag this Judgment!Court : Karnataka
..... extreme fit of anger. there is a reasonable doubt that at the time of commission of the crime, the appellant was incapable of knowing the nature of the act by reason of unsoundness of mind and, thus, he is entitled to the benefit of section 84 ipc. hence, the conviction and sentence of the appellant cannot be ..... extra-judicial confession and when the accused and the deceased alone were staying in the house, then under such circumstances as per section 106 of the indian evidence act, he has to explain as to under what circumstances the death of the deceased occurred inside the house. he further submitted that immediately after the incident the accused ..... - that the accused was suffering from paranoid schizophrenia which is a mental disease and because of the said disease the accused was incapable of knowing the nature of act and was not having any mental element to cause the death of the deceased, then under such circumstances the trial court ought to have acquitted the accused by extending .....
Tag this Judgment!Court : Karnataka Dharwad
..... that the accused said to be abducted the victim and also had forcible sexual intercourse with her.20. the ingredients relating to the offence u/s6of the pocso act and also offence u/s376of ipc has not been established by the prosecution by placing cogent and corroborative evidence. the same has been seen in the evidence of ..... court has erroneously come to the conclusion that the prosecution has proved the guilt of the accused u/s376of ipc and erroneously held conviction for the offence u/s6of pocso act r/w sec. 376 of ipc. therefore, the said judgment requires to be re-appreciated with the entire evidence on record wherein the prosecution did not place cogent ..... on appreciation of the entire materials placed by the prosecution analytically held conviction against the accused for the offence punishable u/s376of ipc r/w sec. 6 of pocso act, 2012. it is this judgment which is challenged in this appeal. 4 3. i have heard arguments of the learned counsel for the appellant and the learned govt. .....
Tag this Judgment!Court : Karnataka
..... the copy of the arbitration agreement produced 36 by the plaintiffs along with the plaint has not complied the mandatory provisions of section 8(2) of the act. further, the defendant no.1 has not produced either original or certified copy of the arbitration agreement entered into between the parties, before entertaining the ..... rejection of the application under section 8(2). (emphasis supplied) 32. in view of the above, sub-section (2) of section 8 of the act is mandatory and the judicial authority shall not entertain the application for referring the dispute to arbitration unless the applicant produces the original agreement or duly certified copy ..... not disputed by the defendants containing arbitration clause that had been annexed to the application under section 8 were in sufficient compliance with section 8(2) of the act. therefore, the learned senior counsel sought to dismiss the petition. 16 vi - points for consideration17 in view of the aforesaid rival contentions urged, the points .....
Tag this Judgment!Court : Karnataka
..... any fact, the burden of proof lies on that person. this is - 202 - evident from a reading of section 101 of the indian evidence act, 1872 ( evidence act for short). section 101 is based on the rule that the burden of proving the fact rests on the party who substantially asserts the affirmative of the ..... 17/11/2015 in maha ganpati shankara devasthana, sirsi, (supra), the division bench struck down the karnataka hindu religious institutions and charitable endowments (amendment) act, 2011 and act no.12/2012 by the same name as being discriminatory and in violation of constitutional rights.85. further, on 16/03/2013 in exercise of the powers ..... institutions and hindu religious institutions and other institutions governed under various - 67 - enactments in different parts of the state. he submitted that the object of the act is to apply an uniform law throughout the state of karnataka vis- -vis hindu charitable institutions and religious institutions, which were hitherto being governed by various .....
Tag this Judgment!Court : Karnataka
..... court made the following: order the petitioner filed the present civil miscellaneous petition under the provisions of section 11(6) of the arbitration and conciliation act, 1996 ( the act for short) for appointment of the sole arbitrator to adjudicate the disputes between the parties, in terms of clause-25 of the joint development agreement ..... the petition is not maintainable and the petitioner has wantonly mis-described the respondent - mantri promoters, which is now a company registered under the indian companies act and operates under the name and style of jakkur promoters private limited ( jppl for short) and the array of parties being wrong, the petition is ..... present petition. therefore the contention of the learned counsel for the respondent that the petitioner has not complied the provisions of section 11(5) of the act against the jppl, cannot be accepted. vii. regarding allegations of fraud and existence of arbitration clause16 insofar as the contention raised by the learned counsel .....
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