Court : Karnataka Dharwad
..... headquarter assistant-cum additional district magistrate, who has issued sanction as per ex.p112 to initiate proceedings against the accused persons under the provisions of indian arms act. he identified his signature, which is dated 04.07.2002. based upon that a criminal proceedings were initiated against the accused persons. it is suggested to ..... and subsequently, accused no.6 based upon the information flashed by maharashtra police stating that, this accused no.6 was arrested under the provisions of mcoc act and he has given his statement confessing about murdering deceased mla and thereafter, he was brought by karnataka police and based upon that, after fresh investigation ..... against the other accused persons. the records of this case further reveal that, accused no.6 was arrested by maharashtra police, under the provisions of mcoc act. it is the case of the prosecution that, when this accused no.6 was interrogated by maharashtra police, he had given his voluntary statement stating that, .....
Tag this Judgment!Court : Karnataka Dharwad
..... if such document is kept substantially in the form required by law and is produced from proper custody. 26.7. a perusal of section 81 of indian evidence act, extracted hereinabove, would indicate that the court shall presume the genuineness of every document, be it official gazette or government gazette printed by the queens printer, which - ..... is the observation in the very next sentence in the aforesaid decision of this court that the purpose of contradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission . it, therefore, follows that admission is relevant and it has to be proved before it ..... prasad -v- smt.chanderjoti debi and others6 air1996patna 110, particularly para 31 thereof, which is reproduced hereunder for easy reference:31. section 21 of the evidence act states that admissions are relevant and may be proved as against the persons who makes them, or his representative in interest; but they cannot be proved by or .....
Tag this Judgment!Court : Karnataka Dharwad
..... if such document is kept substantially in the form required by law and is produced from proper custody. 26.7. a perusal of section 81 of indian evidence act, extracted hereinabove, would indicate that the court shall presume the genuineness of every document, be it official gazette or government gazette printed by the queens printer, which - ..... is the observation in the very next sentence in the aforesaid decision of this court that the purpose of contradicting the witness under section 145 of the evidence act is very much different from the purpose of proving the admission . it, therefore, follows that admission is relevant and it has to be proved before it ..... prasad -v- smt.chanderjoti debi and others6 air1996patna 110, particularly para 31 thereof, which is reproduced hereunder for easy reference:31. section 21 of the evidence act states that admissions are relevant and may be proved as against the persons who makes them, or his representative in interest; but they cannot be proved by or .....
Tag this Judgment!Court : Karnataka Dharwad
..... : (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under this act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-- (a) the special juvenile police unit (b) ..... had the knowledge, but, it was not intimated to the relevant authorities therefore, thereby accused no.2 had committed under section 19 and 21 of the pocso act.13. on going through the record placed by the prosecution, as well on hearing the arguments of both the side, it reveals that when complainant approached the ..... a legal obligation on a person to inform the uch information to the rel- relevant authorities, inter alia, when he/she has knowledge that an offence under the act had been committed. the expression used is "knowledge" which means that some information received by such a person gives him/ her knowledge about the commission of the crime .....
Tag this Judgment!Court : Karnataka Dharwad
Reported in : 2011ILR(Kar)760
..... it would emerge that when an instrument and document admitted in evidence such admission of document cannot be questioned otherwise except as provided under section 58 of the said act. this provision would be applicable, when the defendants have appeared, participated and contested in the proceedings and did not choose to raise objection for marking of the ..... itself it would be necessary to examine the contention raised by sri. v.r. datar on this issue by pressing into service section 35 of the karnataka stamp act same reads as under: section 35: admission of instrument where not to be questioned: where an instrument has been admitted in evidence such admission shall not, except ..... examine as to whether a document produced and marked by the trial court was in accordance with law or it was opposed to any of provisions of the act. whether the trial court committed an error in marking the said document is precisely the exercise which the lower appellate court has undertaken in the instant case .....
Tag this Judgment!Court : Karnataka Dharwad
..... discussion with them. he has also stated as to why satyawwa decided to name fakirappa jagali as minor guardian of muttanna because satyawwa expressed her unwillingness to act as minor guardian/executor. he has also stated in the evidence that fakirappa jagali did not claim any interest or right in the property that was being ..... and his 24 own signature and also the signature of another attesting witness. in such circumstance, requirement of section 68 of the indian evidence act and section 63(c) of indian succession act have been complied with. therefore, there is no merit in the contention urged by the learned counsel for the appellants that due execution and ..... regarding reading out the contents and explaining them to the testatrix as long as the 25 requirements of section 68 of the indian evidence act and section 63 of the indian succession act are duly complied and the due execution and attestation are proved, mere fact that the sub-registrar did not make any endorsement nor deposed .....
Tag this Judgment!Court : Karnataka Dharwad
..... this finding is in contrast with the material evidence on record, more particularly, exhibit.p1-complaint which clearly speaks that the accident occurred due to the negligent act of the driver in leaving the ignition key in the offending vehicle. considering the material evidence available on record, this court is of the considered opinion that ..... specified in the second schedule has been taken to be guiding factor for calculation of the amount of compensation even in a case under section 166 of the act. however, in shanti pathak (supra) this court advocated application of lesser multiplier, although no legal principle has been laid therein.40. in trilok chandra (supra ..... aforementioned situation the courts, we opine, are required to lay down certain principles.44. we are not unmindful of the statement of objects and reasons to act 54 of 1994 for introducing section 163-a so as to provide for a new predetermined formula for payment of compensation to road accident victims on the basis .....
Tag this Judgment!Court : Karnataka Dharwad
..... shri s.s.nagananad, appearing for the counsel for the petitioner, contends as follows : that the object in substituting section 6 of the hindu succession act, 1956, by act no.39 of 2005, was to address the discrimination that was inherent in the section as it stood before the amendment, whereby the females did not ..... denman, c.j.made the following oftquoted observations : it was said that the operation of the statute was confined to persons who had become widows after the act was passed, and that the presumption against a retrospective statute being intended supported this construction : but we have before shown that the statute is in its ..... the petitioners are seeking to challenge the constitutional validity of the explanation appended to sub-section (5) of section 6 of the hindu succession (amendment) act, 2005, (act 39 of 2005), namely: explanation: for the purposes of this section partition means any partition made by execution of a deed of partition duly registered under .....
Tag this Judgment!Court : Karnataka Dharwad
..... in (2017) 14 scc663 the vehicle in question which is categorized as a heavy goods vehicle comes within the meaning of section 2(16) of the motor vehicles act, 1988 as the gross vehicle weight undisputedly exceeds 12000 kg. under the circumstances, the tribunal was fully justified in holding that the offending vehicle was 11 used in ..... of deceased kalpana who was aged about 2 years as on the date of accident, had filed a claim petition under section 166 of the motor vehicles act, 1988 (for short, the act ) claiming compensation of `6,00,000/- with interest from the driver, owner and insurer of the offending tipper lorry bearing registration no.ka-27/a- ..... patil, advocate for r3; sri subhash j.baddi, advocate for r4; notice to r1 and r2 served) this miscellaneous first appeal is filed under section1731) of motor vehicles act, 1988, against the judgment and award dated0310.2018 passed in mvc no.218/2015 on the file of the additional senior civil judge and member, motor accident claims tribunal .....
Tag this Judgment!Court : Karnataka Dharwad
..... found upon physical verification.4. on the 28.09.2021, the officer passed an order of detention under section 129 of the central goods and services tax act, 2017 (for short cgst act / the act ) in form gst mov-06.5. on the following day, i.e., on 29.09.2021, the deputy director, dggi, zonal unit, belagavi ..... this demand is complied with, the proceedings stand concluded. 2350. thus, the person chargeable with tax is given an option of exonerating himself of any wrongdoing if he acts with promptitude and voluntarily pays the tax and the applicable interest.51. if, however, the person chargeable with tax, chooses to contest the proceedings and submits a ..... process of taxation with minimal disruption to the business of the taxable person.34. the underlying objective that can be discerned from these provisions is that the act fundamentally envisages the taxable person to be self compliant and encourages the taxable person to be voluntarily tax compliant. the provisions are framed in such a manner .....
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