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 Dharwad
..... 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?' .....
Tag this Judgment!Court : Karnataka Dharwad
..... air2003gujarat 74 in the case of harshadbhai zinabhai desai vs. bhavnaben harshadbhai desai and relying upon the provisions of section 9 of the g&w :17. : act, has come to the conclusion that the petitioners have failed to show that the petition is not maintainable for want of territorial jurisdiction. accordingly, rejected their application. ..... opportunity to adduce evidence in support of their respective versions. the solitary test for determining the jurisdiction of the court under section 9 of the g&w act is the ordinary residence of the minor children. the expression used is where the minor ordinarily resides . whether the minor is ordinarily residing at a given ..... relevant considerations, but, cannot be the sole determining factor for the custody of the children. :48. :39. the provisions of section 17 of the guardians and wards act, 1890, reads as under: to be considered 17. matters in appointing guardian. (1) in appointing or declaring the guardian of a minor, the court shall, subject .....
Tag this Judgment!Court : Karnataka Dharwad
..... decently, courteously and extend full co-operation for the well-being of the children, which is the paramount object of the provisions of the guardians and wards act, 1890. accordingly, the 2nd point is answered in favour of the mother, holding that the respondent-mother is entitled for interim custody of her minor children ..... to adduce evidence in support of their respective versions. the solitary test for determining the jurisdiction of the court under section 9 of the g and w act is the ordinary residence of the minor children. the expression used is where the minor ordinarily resides ?. whether the minor is ordinarily residing at a given ..... air 2003 gujarat 74 in the case of harshadbhai zinabhai desai vs. bhavnaben harshadbhai desai and relying upon the provisions of section 9 of the g and w act, has come to the conclusion that the petitioners have failed to show that the petition is not maintainable for want of territorial jurisdiction. accordingly, rejected their application .....
Tag this Judgment!Court : Karnataka Dharwad
..... wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare ..... and another, air1966sc1119 (5) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte , air1966sc1113 (6) pannalal bansilal vs. state of andhra pradesh, air1996sc1023 (7) bal patil and another vs. union of india, air2005sc3172 and 65 (8) m.p.gopalakrishnan nair vs. state of kerala, air2005sc3053 the contention of the writ petitioners ..... laid down by the apex court with regard to the interpretation of articles 25 and 26 of the constitution of india in the following decisions : (1) bal patil and another vs. union of india, air2005sc3172 68 (2) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air1966sc1113 (3) commissioner of wealth .....
Tag this Judgment!Court : Karnataka Dharwad
..... as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) ..... considered the law laid down by the apex court with regard to the interpretation of article 25 and 26 of the constitution of india in the following decisions: (1) bal patil and another vs. union of india, air 2005 sc 3172, (2) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (3) ..... (5) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (6) pannalal bansilal vs. state of andhra pradesh, air 1996 sc 1023, (7) bal patil and another vs. union of india, air 2005 sc 3172, and (8) m.p. gopalakrishnan nair vs. state of kerala, air 2005 sc 3053. the contention of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... form part of the plant by any stretch of imagination and being a specified commodity in fifth schedule prescribed under section 11(a)(3) of the kvat act, which specifies the restricted goods for denying the input tax credit, item no.5 therein specifically includes cement and other construction materials including bricks, timber, ..... principle of ejusdem generis to factory building and silos which are immoveable property or immoveable goods, cannot be considered as capital goods for the purpose of kvat act 2003. secondly, factory building and silos as well as foundation, even though immoveable property, as goods in the nature of plant, by no stretch of ..... .j.k.cement works, muddapur, mudhol taluk, bagalkot district, karnataka, has filed these revision petitions under section 65 of the karnataka value added tax act, 2003 (for short kvat act ) raising a question of law for consideration by this court, being aggrieved by the order passed by the learned karnataka appellate tribunal, bengaluru, on .....
Tag this Judgment!Court : Karnataka Dharwad
..... and cooked up evidence, which could not be established in accordance with the provisions of the indian evidence act, still the labour court gave a declaration and relief to the respondent-workman without any foundation for the same.19. the hon ble supreme court in the case of ..... officer of the company was to be treated as final as per clause (4) of the standing orders and the respondent-workman himself had accepted the same and had throughout acted upon the same, treating his date of birth as 27th august 1952, the change of thought, after the retirement notice was served upon him, was all self-serving ..... his date of birth as 27th august 1952 with effect from 01st september 2010 and the labour court allowed this claim under section 10(4-a) of the industrial disputes act, 1947 by the impugned order dated 21st february 2012 with the following observations: 11. the workman has contended that his date of birth has been shown in the .....
Tag this Judgment!Court : Karnataka Dharwad
..... date of birth at the fag end of his career was absolutely belated and was not at all proved before the learned labour court, but still the labour court acting on a misconception and misreading of the evidence, quashed the retirement of the respondent-workman on achieving the age of superannuation with effect from 1st september, 2010 and ..... the retirement notice was served upon him, was all self-serving and cooked up evidence, which could not be established in accordance with the provisions of the indian evidence act, 1872 still the labour court gave a declaration and relief to the respondent-workman without any foundation for the same. 19. the hon'ble supreme court in the ..... date of nth as 27th august, 1952 with effect from 1st september, 2010 and the labour court allowed this claim under section 10(4-a) of the industrial disputes act, 1947 by the impugned order dated 21st february, 2012 with the following observations: "11. the workman has contended that his date of birth has been shown to .....
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..... excuse has withdrawn from the society of the petitioner-wife. thus, the petitioner in the court below has established the essential ingredients of section 9 of the act and the court below has properly appreciated and analyzed the material placed before it including the evidence and has come to a correct finding to allow the petition ..... and decree, the respondent-husband as an appellant, has challenged in this appeal. 11. the petition in the court below was filed under section 9 of hindu marriage act, 1955. the said section reads as below: "9. restitution of conjugal rights - when either the husband or the wife has, without reasonable excuse, withdrawn from the ..... the parties would be referred with the rankings they were holding in the court below respectively. 8. the petitioner-wife filed a petition under section 9 of the act in the court below seeking the relief of restitution of conjugal rights against her husband - the respondent. the summary of the petition averments was that she is the .....
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