Court : Karnataka
Reported in : 2009CriLJ639; ILR2008KAR4963
..... to be proved according to the custom to prove the offence against the accused?20. it is useful to refer to some of the provisions of hindu marriage act. hindu marriage act, which is a law relating to marriages amongst the hindus., is applicable to all the hindus except the state of jammu and kashmir. section 3 clause ( ..... 23. the marriage cannot be solemnized during the life time of husband and wife. whether the solemnization referred to under section 5 or section 17 of hindu marriage act or section 494 of ipc requires following of the ceremonies prescribed under the custom for the purpose of proving the second marriage is essential. no doubt, the apex ..... lal v. state of rajasthan 1979 scc (cri) 901 and submitted that, the ingredients required to prove the offences punishable under section 17 of the hindu marriage act and section 494 ipc are that, the accused spouse must have contracted the first marriage, that while the first marriage was subsisting the spouse concerned must have contracted .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2010KAR4531
..... at ex.p. 108 and 109, during the cross-examination of this doctor it was elicited that benzodiazapam was a mild tranquilizer and thiopentone was an ultra short acting analgesic sedative. according to this witness thiopentone was available in injection form and benzodiazapam is available both in tablet and injection form. if both the drugs are injected ..... of robbing narasimhan - p.w.2, made him unconscious and tied his hands with a rope and by plastering his mouth with such intention and knowledge that their act if resulted in the death of narasimhan, they would nave been guilty of murder of narasimhan. therefore, they committed an offence punishable under section 307 r/w ..... . they were acquitted of offences punishable under sections 420 and 120-b of ipc and so also in respect of offence punishable under section 25 of the arms act. 1959. the substantive sentence of imprisonment of life was in respect of offence punishable under section 302 or ipc. so far as other offences lesser sentence was .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2007KAR3641; 2007(6)KarLJ540
..... property. of course there is a rider under section 11 to seek permission of the court before such alienation but, however, the apex court in the judgment in narayan bal's case cited supra is of the view that no such permission was necessary when the entire joint family property is sold including the share of the minors. under such ..... in the family which involves an undivided interest of the minor in the said joint family and accordingly submitted that the bar under section 11 of the hindu minority & guardianship act, 1956 will not come in the way of disposal of the property by the mother of the minors in the joint family in the undivided interest. accordingly, it is submitted ..... is further submitted that even on the question of right to sell the minors' property is concerned, as per the decision of the apex court in the case of narayan bal v. sridhar sutar 1 (1996) clt 324 (sc), referring to section 8, the apex court has held that any member of the family or the kartha in the management .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2008Kant14; ILR2007KAR4362; 2008(3)KarLJ106
..... 209, 1st main road, seshadripuram, bangalore, are not regulated and/or covered by securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 ['securitisation act' for short] and consequently the writ of certiorari for quashing the first respondent's communication, dated 8th december, 2005 (annexure-d), which calls ..... in compliance with the tribunal's conditional interim order. he supports the petitioner and submits that if the petitioner is summarily dispossessed under the securitisation act, the petitioner may sue the second respondent for damages for no fault on the part of the second respondent.8. per contra, sri ramasubramanyam, ..... party unconnected with the transactions between the first respondent and the second respondent; therefore the petitioner is not amenable to the provisions of the securitisation act.7. sri prakash, the learned counsel appearing for second respondent submitted that the second respondent has filed o.a.no. 142 of 2005 .....
Tag this Judgment!Court : Karnataka
Reported in : 2)KCCR1201; 2009(2)KLJ521; 2009(3)AIRKarR65
..... from the date of this order, no further contract can be granted to any of the governmental agencies without following the procedure prescribed in the aforesaid act. therefore, it cannot be said that the writ petition has become infructuous, as the petitioners are seeking writ of mandamus directing respondents 1 and 2 ..... government and such goods are manufactured or services are provided by them, for a period not exceeding three years from the date of commencement of this act;(e) where the procurement is by the government departments, state government undertakings, or any board, body or corporation established by or under any law ..... government and any other body or authority owned or controlled by the government and as may be specified by it. elaborate procedure has been provided under the act, constituting tender bulletin officers, publication of tender bulletin, constitution of tender inviting authority and tender accepting authority, tender scrutiny committee, opening of tenders, rejection .....
Tag this Judgment!Court : Karnataka
Reported in : 2009(4)KarLJ11; 2009(2)KCCR1187; 2009(3)AIRKarR359(D.B)
..... bye-law of the 'sabha'.4. sri. p.s. manjunath, learned counsel appearing for the appellant submits that. seetion-9 &, 10 of the kamataka societies registration act 1960 ('act' for short) deals only with the procedure to be followed in respect of alteration of memorandum of association and change of name, rules and regulations including the change of ..... or printed report to its members. therefore, the same proposition shall be made available to the members of the 'sabha' for the purpose of section 10 of the 'act' as well, which deals with change of rules and regulations including the name of the society. thus, in our considered opinion, the special general body meeting notice ..... word 'governing body may submit the proposition to the members of the society in a written or printed report' substantially not found in section 10 of the act which deals with the procedure to be followed in the amendment of rules including change of name and therefore, there is no necessity to furnish the copies of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR2007Kant77; 2007(4)KarLJ189; 2007(4)KCCRSN252; 2007(2)AIRKarR530; AIR2007Kant77
..... fair duty which the state is entitled to. the committee constituted under section 45b based on the provisions of the rules framed under the stamp act, has to act from time to time and depending upon the prevailing market value taking into consideration various aspects, call for objections after arriving at a particular market ..... petitioners, i do not find any unconstitutionality or unreasonableness or arbitrariness in the amended provisions of section 45a and section 45b of the stamp act, 1957. further more, the act of the respondent authorities in withholding the registration and insisting the petitioners to pay the stamp duty does not call for interference.31. if ..... as clear and marketable title, location of the property, market condition, economic condition of the seller, the reason for selling the property, etc. the act of the committee constituted under section 45b in recommending to issue a notification by estimating the value of the property in a particular area in general terms .....
Tag this Judgment!Court : Karnataka
Reported in : (2007)211CTR(Kar)43; 2006(6)AIRKarR69(DB)
..... the parliament in its wisdom has chosen to provide an exemption only under certain circumstances. the court cannot extend the exemption without any legal compulsion in terms of the act. since in our view, the wordings that the urban land would mean a land on which complete building stands, such lands alone would qualify for exemption. that conclusion ..... to by sri parthasarathi, learned counsel. : [1981]130itr393(orissa) , is a case in which the court was considering the word 'house' for the purpose of wealth tax act. the said case is of no assistance to the assessee since in the said case, the court was considering only the word 'house' in that case and not building ..... 3. sri seshachala, learned counsel for the department would take us through section 2(e), the definition of 'urban land' and 'net wealth' under the wealth tax act in the case on hand. he would say that a careful reading of the provisions would show that the contention of the assessee before the authorities are unsustainable in .....
Tag this Judgment!Court : Karnataka
Reported in : 2006(4)KarLJ640
..... the incumbent president smt. dilshad begum had taken ill and had proceeded on leave, that the petitioner who was vice-president had been by resolution elected to act as president, but the petitioner is trying to prevent holding of fresh and proper elections to fill up the casual vacancy as the incumbent president has expired as ..... reported in : ilr2004kar4102 11. it is also the submission of sri. nargund, learned counsel for the petitioner, that the assistant commissioner has not been duly authorized to act as the returning officer to conduct elections that he is not the competent authority; that in the absence of a valid authorization in his favour, a notice issued for ..... of that date and five months having not expired the petitioner having been elected as president pursuant to the statutory provisions under section 42(7) of the act, the notice is in contravention of provisions of section 42(7) for taking action which is contrary to the position pursuant to the resolution of the municipal .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(2)ALT(Cri)488; I(2000)DMC185; 1999(5)KarLJ183
..... 'man' and 'woman'. 'person' may include a natural person, may be 'male' or 'female', it will also include a juristic person as given in the general clauses act. but where legislature specifically intends to refer to male human being, it may use as 'man' or 'woman'. taking into view these definitions and explanations in the ipc as ..... , if married, is not possessed of sufficient means.explanation.--for the purposes of this chapter.-(a) 'minor' means a person who, under the provisions of the indian majority act, 1875 (19 of 1875), is deemed not to have attained his majority.(b) 'wife' includes woman who has been divorced by, or has obtained a divorce from, ..... while meeting his contention or preliminary objection, learned counsel for petitioner made a reference to sub-section (4) (as amended) of section 19 of the family courts act. as regards merits of the claim, it has been contended on behalf of the respondents in reply to the arguments of the petitioner's counsel that person herein includes .....
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