Court : Karnataka Dharwad
..... have committed the offence. the prosecution is able to establish ingredients of offence under section 354 of ipc against accused no.1 who had a simple knowledge that his acts are sufficient to constitute the offence.33. the learned trial court as well as the first appellate court have rightly concluded, that this accused no.1 has committed ..... court either believes it to adjust or consider its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that with exists.24. disproved means a fact is said to be disproved when, after considering the matters before it, the court - 22 - nc: ..... 1 being the author of the crime has committed the offence in the manner stated in the complaint by the complainant - nagaraj.23. under the provisions of the indian evidence act, 1872, we find the words used as proved , disproved , not proved . a fact is said to be proved when, after considering the matters before it, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... on 26.12.2008, but, the said suggestion has been denied by all the witnesses. the prosecution witnesses, viz., pw.1-mohan, pw.2- manjula, pw.3-seema and pw.5-ashok have consistently deposed in their evidence that the accused was having the key of the said house and he opened it when he came along with ..... them about the ill-treatment and harassment, amounts to oral dying declaration, which is a relevant piece of evidence under the provisions of section 32 (1) of the evidence act. 27. another important aspect of the case is that, this is the incident, which took place inside the residential house, wherein the accused, deceased and their small ..... convicted the accused for the offence punishable under sections 498a, 302 and 201 of ipc and acquitted for the offence punishable under sections 3 and 4 of dowry prohibition act. being aggrieved by the judgment and order of conviction, the appellant/accused is before this court in this appeal challenging the legality and correctness of the judgment and .....
Tag this Judgment!Court : Karnataka Dharwad
..... evidence and will try to avoid demonstration of criminal intent. under such circumstances, the prosecution usually resorts to circumstantial evidence. section 8 of the indian evidence act refers to not only motive but also previous or subsequent conduct as relevant facts to be taken into consideration. the conduct of the accused immediately prior to ..... of allegations made against him. those provisions are laid down to guarantee that the accused is given notice of at least the bare minimum details of the alleged acts committed by him against a particular person, for effectively defending himself. those provisions are also set on the principles of natural justice. (emphasis supplied) 52. ..... and the illustration (e) appended thereto, a court is not required to mention the manner in which the offence is committed. in other words, specific over acts leading to the commission of the offence need not be mentioned.55. further, every error in framing a charge would not vitiate the trial or the judgment .....
Tag this Judgment!Court : Karnataka Dharwad
..... evidence and will try to avoid demonstration of criminal intent. under such circumstances, the prosecution usually resorts to circumstantial evidence. section 8 of the indian evidence act refers to not only motive but also previous or subsequent conduct as relevant facts to be taken into consideration. the conduct of the accused immediately prior to ..... of allegations made against him. those provisions are laid down to guarantee that the accused is given notice of at least the bare minimum details of the alleged acts committed by him against a particular person, for effectively defending himself. those provisions are also set on the principles of natural justice. (emphasis supplied) 52. ..... and the illustration (e) appended thereto, a court is not required to mention the manner in which the offence is committed. in other words, specific over acts leading to the commission of the offence need not be mentioned.55. further, every error in framing a charge would not vitiate the trial or the judgment .....
Tag this Judgment!Court : Karnataka Dharwad
..... closely related or otherwise related in the prosecution, their testimony has to pass through the test of close and severe scrutiny before their testimony could be safely acted upon. even considering the contradictions and omissions here and there in their evidence, if their 70 evidence is corroborated by other materials and also if those ..... and his evidence can be 64 accepted for appreciation, if he is not suffering from any incapacity as contemplated under section 118 of the indian evidence act. section 118 imposes responsibility on the court to ascertain as to whether the witness is competent witness to testify and that such persons is not prevented ..... ) kccr1175between the state of karnataka by nyamathi police station, nyamathi vs. sri kantharaj, wherein this court has held that - under section 27 of the evidence act, recovery of weapon, contradiction in evidence of witnesses same cannot be considered as 46 either minor or inconsequential inconsistencies but are glaring enough to go to the .....
Tag this Judgment!Court : Karnataka Dharwad
..... and well being. the said case was hence disposed of as not pressed. further, m.c.no.149/2021 filed by the husband under section 9 of the hindu marriage act, for restitution of conjugal rights is also disposed of as not pressed since a memo was filed stating that with the intervention of the elderly persons, matter is settled and .....
Tag this Judgment!Court : Karnataka Dharwad
..... that thing as stated in clause firstly or to do anything as stated in clauses secondly or thirdly of section 107 ipc. section 109 ipc provides that if the act abetted is committed pursuant to and in consequence of abetment then the offender is 27 to be punished with the punishment provided for the original offence. learned counsel for ..... ill treatment by accused no.1/appellant at the time when she came to his house for attending festival. as such, there is no proof of direct or indirect acts of incitement by the accused to the deceased for commission of suicide. mere, allegation of harassment of the deceased by accused would not suffice to attract the provisions of ..... by his wife in the matrimonial home, failing which, adverse inference can be drawn as per the provision of 13 section 106 read with section 114 of indian evidence act. as such he prays to dismiss the appeal.15. having heard the learned counsel for both the sides and having perused the documents, the points that would arise for .....
Tag this Judgment!Court : Karnataka Dharwad
..... be established. (i) common intention and (ii) participation of the accused in the commission of an offence. if common intention is proved but if no overt act is attributed to the individual accused, section 34 will be attracted as it involves vicarious liability. it is not possible to have direct evidence of common intention in ..... for the offence committed irrespective of the share which he had in its perpetration. section 34 of ipc embodies the principle of joint liability in doing the criminal act based on a common intention. common intention essentially being a state of mind it is very difficult to - 21 - procure direct evidence to prove such intention. ..... no.1 vithal. trial court has failed to - 16 - consider the important aspect and relating to the direct acknowledgment of guilt and also a direct overt act attributed to each of the accused regarding committing murder of the deceased shrikant.14. lastly, the counsel submitted that there is no sufficient evidence for conviction of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... maritime liens and claims arising by reason of breach of contract for the hire of vessels or the carriage of goods or other maritime transactions, or tortious acts, such as conversion or negligence occurring in connection with the carriage of goods. where substantive law demands justice for the party aggrieved, and the statute has ..... 06.2017 mfa no.25323/2012 the nhai vs. mahadevi g. hiremath and others has rightly rejected the application under section 34 of the arbitration and conciliation act, 1996. the application itself was not tenable. the appeal also is equally not tenable and even otherwise without any merit. 14. the kolkota high court in ..... by the order passed by the learned principal district and sessions judge, dhrawad, on 29th september 2012 under section 34 of the arbitration and conciliation act, 1996 (for short the act ), enhancing the compensation amount over and above the compensation awarded by the land acquisition officer in respect of the acquisition of land for the purpose .....
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!