Court : Karnataka Kalaburagi
..... further clarification. but, there is no clarification in respect of the release of the vehicle for interim custody.12. section 60(3) and section 63 of the ndps act read as under: section 60(3): any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances]., or any article liable to ..... having heard both the counsel and perused the records, the following points would arise for consideration: i) whether the sessions judge being the special court under the ndps act, is empowered to release the vehicle in view of the judgment of the division bench of this court in crl.rp.no.623/2020?. ii) whether there is ..... the petitioner contended that the dcc is not releasing the vehicle, which has nothing to do with the offence committed by the driver of the vehicle under the ndps act. the vehicle in question was hired by some private party for transporting their goods. the accused/driver committed an offence by transporting the drugs, without the knowledge .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... under article 227 of the constitution of india. (2) the bar contained in section 8 of the commercial courts act shall not affect the supervisory jurisdiction of the high courts under article 227 of the constitution of india in respect of the orders, including interlocutory orders ..... hon'ble supreme court referred to hereinabove, our conclusions in nutshell are as under:- (1) the bar contained under section 8 of the commercial courts act against entertainability of "civil revision application or petition" against the interlocutory orders passed by the subordinate/commercial courts, shall not be applicable to the writ petitions ..... obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... offence, in such a situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under ..... crime no.204/2021 for the offences punishable under sections 498a, 323, 504, 506, 494 read with 34 of ipc and sections 3 and 4 of dowry prohibition act. the investigating officer completed the investigation and filed charge-sheet in c.c. no.793/2022 before the additional jmfc, humnabad taluk, bidar district. being aggrieved by ..... records and quash the proceedings in cc.no.793/2022 (crime no.204/2021 humnabad p.s.), for the offences under sections498a), 323, 506, 494 r/w34ipc, and3and4dp act, pending on the file of civil judge and jmfc court at humanabad, against the petitioners. this petition, coming on for admission, this day, the court made the following .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. these criminal petitions having been heard and reserved on1603.2023 coming on for pronouncement of ..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. crl.p.no.200660/2019 between1 anjana @ anjali w/o anil paspule age:41. years .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. these criminal petitions having been heard and reserved on1603.2023 coming on for pronouncement of ..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. crl.p.no.200660/2019 between1 anjana @ anjali w/o anil paspule age:41. years .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... rp no.200044/2018 instigated by his mother and sister. as such, the petitioner constrained to file petition under section 12 of the protection of woman from domestic violence act, (for short the act ).3. the trial court allowed the petition partly and ordered the respondent to pay rs.3,000/- per month as maintenance. being aggrieved by the same, the ..... court and it is nullified by the competent court having jurisdiction to pass such order. the courts while dealing with the maintenance matters, either under section 12 of the act or under section 125 of cr.p.c. should not go into the validity of the marriage. however, the court may peruse the evidence of the wife as to ..... dehors its jurisdiction. in the present case, the appellate court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the act, which is beyond its jurisdiction and hence, it is liable to be set aside.11. hence, i proceed to pass the following: - 8 - crl.rp no.200044/2018 .....
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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..... 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
..... 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 .....
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..... trial * corrections carried out, vide court order dated:22. 02/2021. 44 court also considered the presumption under section 139 and 118(a) of n.i act. based on the evidence and the principles referred,* the trial court has come to a conclusion that, the complainant has failed to establish existence of legally recoverable debt ..... settled principles regarding appreciation of evidence in cases arising out of dishonour of cheque commonly known as "cheque bounce case" under section 138 *of the negotiable instrument act 1881?.15. my answer to the above point is in negative for the following reasons.16. the complainant in his written complaint filed before the trial court ..... jmfc-ii bidar in c.c no.826/2008 and thereby convict the respondent/accused for the offences punishable under sections 138 & 142(b) of negotiable instrument act in the interest of justice and equity. this criminal appeal having been heard, reserved for judgment and coming on for pronouncement of judgment this day, the court .....
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