Court : Karnataka Dharwad
..... of the election commission of india which is a multi-member body, and which takes institutional decisions inter alia under the provisions of the constitution, the rp act, 1950 & rp act, 1951. its decisions are not the decisions of the individuals. what the apex court observed in t.n.seshan vs. union of india, (1995) 4 ..... of majority must come into play. 13 (iii) ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena. since they have to act and take significant decisions in the discharge of duties fearlessly. otherwise, they run the fear of being called as witnesses and that may push them to defensive ..... munnoli, advocate for r2; sri.shivaraj bellakki, advocate for r1; r3 & r7 are served) this original side appeal is filed under section4of the karnataka high court act, 1961, praying to quash the impugned portion of the order dated1706.2022 passed by the learned single judge of this honble high court, dharwad bench in election petition .....
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..... judge, dharwad, in special sessions case no.18/2017 and to convict the respondent/accused for the offences punishable under sections363 366 and376of ipc and under section6of pocso act, in the interest of justice and equity. this appeal having been heard and reserved for judgment on0303.2023, coming on for pronouncement of judgment, this day, shri ..... as pleaded by the prosecution before the court. defence cross-examination did not damage her veracity, there is a presumption under section 29 and 30 of the pocso act, 2012, but the trial court wrongly came to conclusion that the evidence is not reliable while recording the acquittal. hence, the impugned judgment calls for interference, ..... our consideration is, whether the prosecution is able to explain the ingredients of the offences under section 363, 366 and 376 of ipc and section 6 of pocso act, 2012 against the accused?. 20 crl.a.no.100442/2019 28. as we have evaluated the evidence of prosecution, the victim has categorically stated that she .....
Tag this Judgment!Court : Karnataka Dharwad
..... @ abdul mannan s case referred supra also applicable to the facts of the case on hand regarding discovery and recovery for invoking section 27 of the evidence act. the defence relied upon mahendra singh case regarding unreliable witness, and the same is not applicable since evidence of prosecution witness are reliable except minor discrepancies. raju ..... has been explained in his evidence. the ramjee s case referred above regarding medical evidence applicable to the case on hand. regarding section 27 of the evidence act, mir. mohammed omar case applicable to the case on hand, information disclosed by the evidence leading to the discovery of a fact which is based on ..... homicidal hanging, presence of appellant on the scene of occurrence at the time of occurrence not established by any persuasive evidence, presumption under section 106 of evidence act, 1872 is not attracted and considering all evidence, it would be wholly unsafe to hold the appellant guilty of the charge of murder of his wife. .....
Tag this Judgment!Court : Karnataka Dharwad
..... @ abdul mannan s case referred supra also applicable to the facts of the case on hand regarding discovery and recovery for invoking section 27 of the evidence act. the defence relied upon mahendra singh case regarding unreliable witness, and the same is not applicable since evidence of prosecution witness are reliable except minor discrepancies. raju ..... has been explained in his evidence. the ramjee s case referred above regarding medical evidence applicable to the case on hand. regarding section 27 of the evidence act, mir. mohammed omar case applicable to the case on hand, information disclosed by the evidence leading to the discovery of a fact which is based on ..... homicidal hanging, presence of appellant on the scene of occurrence at the time of occurrence not established by any persuasive evidence, presumption under section 106 of evidence act, 1872 is not attracted and considering all evidence, it would be wholly unsafe to hold the appellant guilty of the charge of murder of his wife. .....
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..... or stop the vehicle, whereas the motorcycle was excluded or exempted and it does not require the instructor to be accompanied. however, section 3 of the act defines necessity of driving licence. proviso to rule 3 enables the rider of the motorcycle shall not carry any other person on the motorcycle as pillion rider ..... respondent no.1, mangala sustained grievous injuries and succumbed to the injuries while taking treatment in the hospital. the accident in question and the rash and negligent act of riding of the motorcycle and involvement of the motorcycle in the accident was not seriously disputed by the respondents, but the contention of the respondent/insurance company ..... claimant is the son of deceased smt.mangala, who died in the road traffic accident, have filed claim petition under section 166 of the motor vehicles act (for short the act) before the tribunal claiming compensation of rs.30,00,000/- with interest interalia contending that on 29.05.2009 the said mangala was proceeding as .....
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..... , dist: haveri 581115. respondents (by sri. a. g. jadhav, adv., for r2; r1 and r3 notice dispensed with) this mfa is filed under section1731) of motor vehicles act, 1988, against the judgment and award dated2509.2018 passed in mvc no.1201/2017 on the file of the ii additional senior civil judge and additional motor vehicle accident claims ..... a child. he has to be - 6 - considered as an adolescent. section 2 (i) and (ii) of the child and adolescent labour (prohibition and regulation) act, 1986 (for short the act ) defines as follows: (i) adolescent means a person who has completed his fourteenth year of age abut has not completed his eighteenth year; (ii) child means a ..... such age as may be specified in the right of children to free and compulsory education act, 2009 (35 of 2009), whichever is more.11. section 3 of the act prohibits employment of a child in certain occupations and processes. the said act does not prohibit the adolescent of 17 years to involve in a milk vending business. the .....
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..... as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the indian registration act, 1908 (central act 12 of 1908), unless the person liable to pay the registration fee also pays to the registering authority such fees as may be prescribed for ..... landlord or tenant of the land or assignee of the rent or revenue thereof. the provisions of section 128 of the karnataka land revenue act, 1964 reads as under: 128. acquisition of rights to be reported-(1) any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, ..... mutate the entries in the revenue records on the basis of the acquisition of rights as contemplated under the provisions of section 128 of the karnataka land revenue act, 1964. acquisition of rights includes survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, .....
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..... /-. in default of castes and payment of fine amount, the accused shall undergo scheduled tribes rigorous imprisonment for (prevention of further period of five years. atrocities) act, 1989.61. the ccl was also tried by the trial court for the alleged offence under section 3(2)(v) of the schedule caste and schedule tribes ..... . they ultimately formed an opinion that after comprehensive psychologist assessment, there is nothing to suggest that the above person is psychological incapable to perform the sexual act. this report makes it clear that, ccl is mentally able having physical capacity to commit the alleged offences and also ability to understand the consequences of offences ..... undergo life imprisonment and shall pay fine of rs.5,000/- for the offence punishable under section 3(2) (v) of sc/st (prevention of atrocities) act, 1989. in default of payment of fine amount, the accused shall undergo rigorous imprisonment for further period of five years.7. being aggrieved and dissatisfied by the .....
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..... are entitled?" additional issues: "1. whether the referred dispute is an industrial dispute within the meaning of section 2 (k) or section 2 (a) of the id.act? 2. whether the reference is maintainable in view of the closure of the respondent establishment w.e.f.15.02.1997? 3. whether there is any industrial dispute, ..... the petitioner/'employees before the closure; that the dispute raised by the petitioners comes within the definition of industrial dispute as defined under. section 2 (k) of the act; that having closed the industrial unit, the benefit of the vrs should have been extended to the petitioners and even that has not been extended to them. the ..... on a claim being set up by the union, a reference was made to the labour court under section 10 (1) (c) of the industrial disputes act, (for short 'the act'). the reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the management by illegally closing the industrial unit?' .....
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..... the council cannot proceed to amend or interpret the regulations by issuing the impugned circular without following the prescribed procedure under section 19a of the imc act. section 19a provides that the council may prescribe the minimum standards for medical education by universities or medical institutions. copies of the draft :34. ..... under section 5 of the said act and also in view of the fact that consensual agreement periodically reached had been placed before the apex court and approval of the apex court ..... centralized counseling for admissions to medical colleges, does the impugned circular come in the way of implementation of the state legislation, particularly because under act no.13/2006 consensual agreement conceived between the state and the association of private medical colleges and the implementation of consensual agreement is provided for .....
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