Court : Karnataka
..... the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. both the complainant and accused no.1 appears to have given undue importance for their ..... not as a consideration for marriage but out of love, affection or regard, would not fall within the mischief of the expression 'dowry' made punishable under the dowry act." in the instant case, as observed above, none of the prosecution witnesses have stated in specific and clear terms that demand for the alleged valuables in the form ..... that the accused committed the alleged offences punishable under section 498-a read with section 34 of indian penal code, 1860 and sections 3 and 4 of dowry prohibition act, 1961, warrants any interference at the hands of this court?. (ii) whether ia.no.1/2020 deserves to be allowed?.10. the petitioner in criminal revision .....
Tag this Judgment!Court : Karnataka
..... the complainant herein appears to have taken every small thing in a different angle and appears to have been showing that entire family should have been continued and acted in a manner which she was feeling and liking personally and individually.45. both the complainant and accused no.1 appears to have given undue importance for their ..... not as a consideration for marriage but out of love, affection or regard, would not fall within the mischief of the expression 'dowry' made punishable under the dowry act." in the instant case, as observed above, none of the prosecution witnesses have stated in specific and clear terms that demand for the alleged valuables in the form ..... that the accused committed the alleged offences punishable under section 498-a read with section 34 of indian penal code, 1860 and sections 3 and 4 of dowry prohibition act, 1961, warrants any interference at the hands of this court?. (ii) whether ia.no.1/2020 deserves to be allowed?.10. the petitioner in criminal revision .....
Tag this Judgment!Court : Karnataka
..... /package policy covers the liability, there cannot be any dispute in that regard. we may hasten to clarify that the earlier pronouncements were rendered in respect of the act policy which admittedly cannot cover a third party risk of an occupant in a car. but, if the policy is a comprehensive/package policy , the liability would be ..... that a comprehensive/package policy would cover the liability of the insurer for payment of compensation for the occupant in a car. there is no cavil that an act policy stands on a different footing from a comprehensive/package policy . as the circulars have made the position very clear and the irda, which is presently the statutory ..... dispute occurrence of accident and injuries suffered by the claimant as a pillion rider and his only grievance is that even though offending scooter was covered with an act policy and no additional premium was paid to cover the risk of pillion rider, learned tribunal merely on account of the fact that there was policy coverage for .....
Tag this Judgment!Court : Karnataka Dharwad
..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....
Tag this Judgment!Court : Karnataka
Reported in : 2007(4)KarLJ654
..... though may escape the consequences when such action is examined from the touchstone of article 14 and 16 of the constitution of india cannot be allowed to act arbitrarily to terminate the service of a permanent employee without valid and legally justifiable reason when examined from the touchstone of article 21 of the constitution ..... court has made a passing reference that in the private sector the managerial cadre of employees altogether is excluded from the purview of the industrial disputes act and similar labour legislation and the private sector can cut the deadwood and can get rid of the managerial cadre employee incase he is considered to ..... the decree of mandatory injunction for reinstatement etc cannot be granted since the first defendant is a public limited company incorporated under the provisions of the companies act, 1956, the defendants also denied that the order of termination is actuated by malafides. they have further attempted to justify that they have merely terminated .....
Tag this Judgment!Court : Karnataka
..... same has been registered in crime no.74 of 2003 for the offence punishable under sec.338 and 304 (a) of ipc and under sec.272 and 437 of forest act against the officials of the respondent. in the complaint it is clearly stated that the tree was infected and though representation was given no steps have been taken by the ..... (this writ appeal is filed u/s 4 of the karnataka high court act praying to set aside the order passed in the writ petition no.46526/2003 dated 15/12/2005) 1. this appeal is filed by the unsuccessful writ petitioners in w. .....
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
..... deceased, the relatives of the deceased having special knowledge of the relationship are competent witness and their evidence is admissible within the meaning of section 50 of the evidence act.19. in the case of jagadish prasad vs. sarwan kumar reported in air2003p & h10it is held that where a person is in common relation of the parties ..... this statement along with the attendant circumstances placed on record would certainly constitute proving of the will by other evidence as permitted by section 71 of the evidence act.13. the learned counsel submits that even though the dna test report is in favour of the plaintiff respondent, but the benefit of dna test report has ..... of malabati and also at the time of the upanyan ceremonies of plaintiffs 1 and 2. this evidence, in our opinion, properly comes within s.50, evidence act; it shows the opinion of janardan misra as expressed by his conduct, namely, his attending the marriage of malabati as daughter of lokenath and his attending the marriages .....
Tag this Judgment!Court : Karnataka
..... 38 it is further contended that, the complainants and their associates have committed serious economic offences and violated the provisions of companies act, pmla, sebi act, rbi act and income tax act and given their clout and influence the matter needed court monitored multi disciplinary investigation. the issues in respect of the same along ..... propriety is involved and the judges, like everyone else, will have to earn respect and they cannot demand respect by- (i) punishing persons for unintended acts or technical violations; (ii) frequent summoning of government officers to court; and (iii) making avoidable adverse comments and observations against persons who are not ..... controlled by accused no.2-r.subramanian. the directors of 'india awake for transparency'-mr. rajender kumar and mrs. adiseshan srimathi are disqualified to act as directors and their appointment as additional directors was not regularized in the annual general body meeting 105 of 'india awake for transparency'. it is .....
Tag this Judgment!Court : Karnataka
..... were responsible for the conduct of the business of the company. (iii) vicarious liability can be inferred against a company registered or incorporated under the companies act, 1956 only if the requisite statements, which are required to be averred in the complaint/petition, are made so as to make the accused therein vicariously ..... learned magistrate/special court (economic offences) bengaluru, after recording sworn statement of the complainant, has taken cognizance for the offence punishable under section 447 of the act of 2013 and issued summons.4. sri. k. g. raghavan, learned senior counsel appearing for the petitioners submits that on bare perusal of the complaint, it ..... the president of india is a major share holder holding 54.03% equity shares by investing public money. he appoints the board of directors under the companies act, articles of association and memorandum of association of beml ltd. company (for short company ). the board of directors of the company recommended 25% of the .....
Tag this Judgment!