Court : Karnataka Dharwad
..... in a private mobile shop. such a situation is not contemplated. 52.4. any electronic evidence would have to be proved in terms of the indian evidence act and the information technology act and it is required that section 65-b certificate to be produced therewith. it is on account of not having produced such a certificate, that recording was not ..... shall be deemed to have caused her death. explanation. for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprison-ment for a term which shall not be less than seven years but which ..... crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at sarvodaya hospital, .....
Tag this Judgment!Court : Karnataka Dharwad
..... in a private mobile shop. such a situation is not contemplated. 52.4. any electronic evidence would have to be proved in terms of the indian evidence act and the information technology act and it is required that section 65-b certificate to be produced therewith. it is on account of not having produced such a certificate, that recording was not ..... shall be deemed to have caused her death. explanation. for the purpose of this sub-section, dowry shall have the same meaning as in section 2 of the dowry prohibition act, 1961 (28 of 1961). (2) whoever commits dowry death shall be punished with imprison-ment for a term which shall not be less than seven years but which ..... crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at sarvodaya hospital, .....
Tag this Judgment!Court : Karnataka
..... of kerala (2006(12) scc631it is held as under: to constitute a conspiracy, meeting of mind of two or more persons for doing an illegal act or an act by illegal means is the first and primary condition and it is not necessary that all the conspirators must know each and every detail of conspiracy. ..... neither it is necessary that every one of the conspirators takes active part in the commission of each and every conspiratorial acts. the agreement amongst the conspirators can be inferred by necessary implications. in most of the cases, the conspiracies are proved by the circumstantial evidence, as the ..... made therefrom which were produced in court, without due certification. those cds cannot be admitted in evidence since the mandatory requirements of section 65b of the evidence act are not satisfied. it is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to .....
Tag this Judgment!Court : Karnataka
..... of kerala (2006(12) scc631it is held as under: to constitute a conspiracy, meeting of mind of two or more persons for doing an illegal act or an act by illegal means is the first and primary condition and it is not necessary that all the conspirators must know each and every detail of conspiracy. ..... neither it is necessary that every one of the conspirators takes active part in the commission of each and every conspiratorial acts. the agreement amongst the conspirators can be inferred by necessary implications. in most of the cases, the conspiracies are proved by the circumstantial evidence, as the ..... made therefrom which were produced in court, without due certification. those cds cannot be admitted in evidence since the mandatory requirements of section 65b of the evidence act are not satisfied. it is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to .....
Tag this Judgment!Court : Karnataka
..... of kerala (2006(12) scc631it is held as under: to constitute a conspiracy, meeting of mind of two or more persons for doing an illegal act or an act by illegal means is the first and primary condition and it is not necessary that all the conspirators must know each and every detail of conspiracy. ..... neither it is necessary that every one of the conspirators takes active part in the commission of each and every conspiratorial acts. the agreement amongst the conspirators can be inferred by necessary implications. in most of the cases, the conspiracies are proved by the circumstantial evidence, as the ..... made therefrom which were produced in court, without due certification. those cds cannot be admitted in evidence since the mandatory requirements of section 65b of the evidence act are not satisfied. it is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to .....
Tag this Judgment!Court : Karnataka Dharwad
..... the above background, it is required that students, especially at least of ix standard onwards, are educated on the aspects of pocso act, the acts which are criminalized under the pocso act as also under the indian penal code. 29.12. the principal secretary, education department is directed to constitute a committee to formulate suitable ..... sexual intercourse with her, the trial court ought to have appreciated this fact and convicted the accused. 3.2. the evidence on record establishes that the act of sexual intercourse has taken place, which was sufficient enough to drive home the guilt of the accused, the victim was a minor, the age of ..... /2016 and convict and sentence the respondent/accused for the offences punishable under sections366and3762)(j) of ipc and section5i) and6of protection of children from sexual offences act, 2012. this appeal having been heard the reserved for judgment on2710.2022, coming on for pronouncement of judgment this day, suraj govindaraj j.pronounced the following .....
Tag this Judgment!Court : Karnataka
..... trial court has rendered an acquittal judgment relating to offences under section 376 ipc and so also for offences under the special enactment of the sc & st (poa) act, 1989. therefore, we are of the view that the acquittal judgment rendered by the trial court does not suffer from any infirmity and there is no perversity, ..... respondents for offences punishable under sections 376 read with section 34 of the ipc and for offences under section 3(2)(v) of the sc & st (poa) act, 1989. the fir came to be registered as per exhibit p8. subsequently, the investigating officer had taken up the case for investigation and conducted investigation thoroughly and ..... respondents by allowing this criminal appeal and c) convict and sentence the accused for offence punishable under section 376 of ipc and section 3[2].[v]. of sc/st act, 1989. this criminal appeal coming on for dictating judgment this day, k somashekar .j., delivered the following:3. judgment this appeal is directed against the judgment of .....
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..... fujian province, pr china represented by its dirctor. 5 . m/s telangana state power generation company ltd., a company incoroporated under the provisions of the companies act, 1956 having its corporate office at vidyut soudha, tsgenco khairatabad, hyderabad telangana 500 082 represented by its managing dirctor. 3 6 . m/s tata consulting ..... engineers limited a company incorporated under the provisions of the companies act, 1956 having its registered office at: elphinstone building, 10 veer nariman road mumbai 400 001 also having a branch office at no.71, cunningham road ..... . state of karnataka [michigan rubber (india) ltd. v. state of karnataka, (2012) 8 scc216 it was held that if the state or its instrumentalities acted reasonably, fairly and in public interest in awarding contract, interference by court would be very restrictive since no person could claim fundamental right to carry on business with .....
Tag this Judgment!Court : Karnataka
..... charge-sheet against the accused. therefore, pw-20 being a responsible taluk executive magistrate had conducted tip of the accused. as per section 9 of the evidence act, facts which establish the identity of an accused are relevant. identification parade belongs to 31 investigation stage and if adequate precautions are ensured, the evidence with regard ..... positive and consistent, in order to secure conviction. therefore, domain is vested with the trial court to appreciate the evidence under 29 section 3 of the indian evidence act, 1872. but the evidence must be weighed and not counted. the test is whether the evidence has a ring of trust, is cogent, credible and trustworthy or ..... of statement by accused. it is held that mere absence of independent witnesses is not a ground to discard seizure evidence under section 27 of the evidence act. on all these grounds, the learned hcgp prays for allowing the appeal and thereby to set aside the acquittal judgment rendered by the trial court and .....
Tag this Judgment!Court : Karnataka
..... than the multiplicity or plurality of witnesses. it is quality and not quantity, which determines the adequacy of evidence as has been provided by section 134 of the act.36. whereas in the case of anwar ali and another vs. state of himachal pradesh ((2020) 10 scc166), the hon ble supreme court has extensively addressed the ..... . insofar as the judgment of laxmibai (dead) through lrs vs. bhagwantbura (dead) through lrs reported in air2013sc1204 is concerned, under the provision section 134 of indian evidence act, relating to plurality of witnesses, it is the matter of appreciation of evidence of witnesses, it is not number of witnesses, but quality of their evidence which is important ..... the nature of offence affects its performances. there is a hierarchy of courts in dealing with the cases. the appellate court shall not expect the trial court to act in a particular way depending upon the sensitivity of the case. rather, it should be appreciated if a trial court decides a case on its own merit .....
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