Court : Karnataka
..... auto-rickshaw is package policy. therefore, under these circumstances, the deceased devarajegowda cannot be categorized as gratuitous passengers. furthermore, section-147(1)(b)(i) of the mv act stipulates as follows: section 147(1)(b)(i): (i) against any liability which may be incurred by him in respect of the death of or bodily [ ..... the claimants in both the cases submitted that the deceased was traveling along with the goods as per the evidence on record. hence, section-147 of the mv act is applicable, covering the risk of the deceased. hence, the insurance company is liable to pay the compensation. further, submitted that the accident is caused ..... dummi village, marithammanahalli post, doddamagge hobli, arakalagud taluk57310. respondents (by sri. halesha r g, advocate for r1-r4 ., r5-served) this mfa filed u/s1731) of mv act against the judgment and award dated24.9.2016 passed in mvc no.539/2014 on the file of the senior civil judge, jmfc, channarayapatna, awarding a compensation of - 3 .....
Tag this Judgment!Court : Karnataka
..... auto-rickshaw is package policy. therefore, under these circumstances, the deceased devarajegowda cannot be categorized as gratuitous passengers. furthermore, section-147(1)(b)(i) of the mv act stipulates as follows: section 147(1)(b)(i): (i) against any liability which may be incurred by him in respect of the death of or bodily [ ..... the claimants in both the cases submitted that the deceased was traveling along with the goods as per the evidence on record. hence, section-147 of the mv act is applicable, covering the risk of the deceased. hence, the insurance company is liable to pay the compensation. further, submitted that the accident is caused ..... dummi village, marithammanahalli post, doddamagge hobli, arakalagud taluk57310. respondents (by sri. halesha r g, advocate for r1-r4 ., r5-served) this mfa filed u/s1731) of mv act against the judgment and award dated24.9.2016 passed in mvc no.539/2014 on the file of the senior civil judge, jmfc, channarayapatna, awarding a compensation of - 3 .....
Tag this Judgment!Court : Karnataka
..... auto-rickshaw is package policy. therefore, under these circumstances, the deceased devarajegowda cannot be categorized as gratuitous passengers. furthermore, section-147(1)(b)(i) of the mv act stipulates as follows: section 147(1)(b)(i): (i) against any liability which may be incurred by him in respect of the death of or bodily [ ..... the claimants in both the cases submitted that the deceased was traveling along with the goods as per the evidence on record. hence, section-147 of the mv act is applicable, covering the risk of the deceased. hence, the insurance company is liable to pay the compensation. further, submitted that the accident is caused ..... dummi village, marithammanahalli post, doddamagge hobli, arakalagud taluk57310. respondents (by sri. halesha r g, advocate for r1-r4 ., r5-served) this mfa filed u/s1731) of mv act against the judgment and award dated24.9.2016 passed in mvc no.539/2014 on the file of the senior civil judge, jmfc, channarayapatna, awarding a compensation of - 3 .....
Tag this Judgment!Court : Karnataka
..... convicting the accused in the present case is on the ground of recovery of articles upon the voluntary statement made by accused under section 27 of the evidence act. admittedly, these statements are recorded by the investigating agency while 39 in the police custody. no doubt, based on the statements made by the accused, the ..... found fault 35 and no illegality or perversity is committed and the same is very well reasoned. the learned spp further contends that under section 27 of evidence act, the accused has given voluntary statement and information in custody inconsequence of which the fact is discovered is very much applicable and admissible in evidence. therefore, ..... absolutely no preparation or commission of the offence as alleged by the prosecution and the same is also not proved beyond all reasonable doubt, pin pointing the act to be committed by the accused and none-else.44. learned sessions judge has also committed an error in relying on the interested testimony of the investigating .....
Tag this Judgment!Court : Karnataka
..... nor the nature of offence affects its performance. we have a hierarchy of courts in dealing with cases. an 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 despite ..... lingayat community, they had assaulted them and as such, they have also committed offences under the provisions of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989.4. the said complaint was registered by the investigating officer i.e., pw.11 rangaswamy who was the p.s.i. and he initiated the investigation. pw ..... 324, 354(b), 506 read with section 149 of ipc, 1860 and under section 3(1)(x)(xi) of the scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989. the appellant/state contending that the impugned judgment is not in accordance with law has approached this court in appeal.2. on issuance of notice, the respondents / .....
Tag this Judgment!Court : Karnataka Dharwad
..... be called as legally recoverable debt. on this ground, he has sought for acquittal of the accused. 18.1 section 269ss was inserted in the income tax act by finance act 1984 with effect from 01.04.1984, but the same came into effect from 01.07.1984. the income tax department, in the course of searches carried ..... void. the concerned authorities can take necessary action against the complainant for non compliance of section - 28 - crl.rp no.2011 of 2013 269 of the income tax act. only on that ground, this court cannot interfere with the impugned judgment passed by the courts below.22. another contention of the accused is that the complainant was a ..... his burden that the cheques have been issued in discharge of legally enforceable debt, the burden lies on the accused to rebut the presumption under section 139 of the ni act. however, the accused has failed to rebut the said presumption by placing the probable defence.18. another defence taken and vehemently argued by the learned counsel for the .....
Tag this Judgment!Court : Karnataka
..... the accused for the offences punishable under sections 304-b, 306 read with section 34 of ipc inclusive of sections 3, 4 and 6 of the dowry prohibition act and further seeking substantial sentence shall be held against accused no.1 who is no other than husband of deceased vimalakshi.17. on contrary, learned counsel for respondent ..... offence punishable under sections 304-b, 306 r/w 34 of ipc, 1860 and for the offences punishable under sections 3, 4 and 6 of the dowry prohibition act. but held conviction for the offence punishable under section 498-a of ipc. whereas in this appeal seeking intervention it needs by consideration of grounds urged in this ..... sentence the respondent / accused for the offences punishable under sections 304-b, 306 r/w section 34 of ipc and sections 3, 4 and 6 of the dowry prohibition act. 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 acquittal .....
Tag this Judgment!Court : Karnataka
..... on such closure of the proceedings, the complainant approaches the 1st respondent/bar council of india invoking its revisional jurisdiction under section 48a of the advocates act, 1961 ( the act for short). the 1st respondent appears to have sent a video conference link, who failed to appear and without hearing the petitioner, on 26.09. ..... petitioner would contend that the complaint against the petitioner was - 7 - wp no.20983 of 2022 closed in accordance with law. section 48a of the act itself mandates that no order which is prejudicially affecting any person shall be passed without giving him a reasonable opportunity of being heard in the revision petition. ..... . one sri basavaraju murugesh jarali another practicing advocate registers a complaint before the karnataka state bar - 4 - wp no.20983 of 2022 council alleging certain acts of misconduct said to have been committed by the petitioner making reference to certain legal proceedings. the legal proceedings were concerning o.s.no.14 of 2008 .....
Tag this Judgment!Court : Karnataka
..... 1977(2) klj126 it has been held by this court that the statutory presumption as to the record of rights under section 133 of the karnataka land revenue act, 1964, cannot be ignored unless such presumption is rebutted in accordance with law. the circumstantial evidence along with oral evidence was required to be considered by the ..... tenanted land by the soldier, if such a lease or tenancy is created or continued by the soldier in accordance with the provisions of section 5 of the act. therefore, the appellants have impliedly admitted the tenancy of the claimant chandrappa.23. in the case of pandurang jivajirao manglekar by lrs vs state of karnataka - ..... period from 1971-72 onwards stand in the name of the claimant chandrappa, and therefore, 24 there is a presumption under section 133 of the karnataka land revenue act, 1964, in favour of the claimant. the appellants have failed to rebut the said presumption. in addition to this statutory presumption, the above referred oral and documentary .....
Tag this Judgment!Court : Karnataka
..... the order that was passed by the district registrar declining to accept the complaint and initiate enquiry under section 25 of the karnataka societies registration act, 1960 ( the act for short). 5.1. the learned counsel taking this court to the averments made in the petition as also to the documents appended to ..... object and vision, the said elections were conducted in arbitrary, biased and undemocratic manner of conducting elections of a democratic society registered under the karnataka societies registration act, 1960 .6) that there was undue illegal presence of politically powerful members of kfcc, smt. jayamala, sri s.a. chinne gowda, sri basanth kumar ..... ) that as against the use of authorized, sanctioned and procedural practice of voting machines in this elections, the ballot papers method was used, this illegal act of conducting elections is against the resolution passed by respondent no.5. the karnataka film chamber of commerce executive committee meeting dated 5.05.2022, even .....
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