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
..... doctrine of promissory estoppel where :11. : the allotment is not regulated by law can not be disputed; admittedly we have the 2004 rules promulgated under the 1976 act; the apex court in a catena of decisions has ruled that the property held by the state & its instrumentalities is always in public trust and therefore allotment of ..... for r1; shri g.k. hiregoudar, government advocate to r2 to r4) - - - - - - - - - this writ appeal is filed under section 4 of the karnataka high court act, 1961, praying this hon ble court to call for the records in w.p.no.110414/2019 and after examining the same; set aside the impugned order dated 17.07 ..... and for the following reasons: a) appellant is constituted as a statutory authority under the provisions of the karnataka improvements board act, 1976; it has statutory power to acquire and dispose of :6. : property under the act and rules made thereunder, is not in dispute; the bagalkot town development authority (allotment of industrial sites) rules, 2004 .....
Tag this Judgment!Court : Karnataka Dharwad
..... document except as to the special requirement of attestation prescribed in the case of a will by section 63 of the indian succession act. the onus of proving the will is on the propounder and in the absence of suspicious circumstances surrounding the execution of the will, proof of testamentary capacity ..... bench of the supreme court of india in the case of shashi kumar vs. subodh kumar reported in air1964sc529 while dealing with section 63 of the indian succession act, held that the principles which govern the proving of a will and mode of proving a will does 22 not ordinarily differ from that of proving any other ..... of the defendants to deprive the plaintiff of her legitimate entitlement and greed of the defendants. learned counsel submits that this itself is sufficient to prove that defendants have acted to the detriment of the widow of sri.ashok hulyalkar, only to knockoff the share which she would inherit through her husband. it is another matter that in .....
Tag this Judgment!Court : Karnataka Dharwad
..... consonance with the same bagalkot town development authority (btda) was also constituted. the said btda is created to effectuate the purpose of the karnataka urban development authorities act, 1987. therefore, all the requirements under the same should be met in the land acquired where the displaced persons would be resettled.40. after hearing the ..... constitution casts on it a great obligation as the sentinel to defend the values of the constitution and the rights of indians. the courts must, therefore, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. it is precisely for this reason that it has ..... unit iii under the impugned notifications?.5. o n the first question, by taking note of the relevant dates and the provisions of the land acquisition act, 1894 (for short, act ), the learned single judge recorded a finding in the negative. the discussions in this behalf are at paragraphs 29 to 43 of the impugned judgment .....
Tag this Judgment!Court : Karnataka Dharwad
..... consonance with the same bagalkot town development authority (btda) was also constituted. the said btda is created to effectuate the purpose of the karnataka urban development authorities act, 1987. therefore, all the requirements under the same should be met in the land acquired where the displaced persons would be resettled.40. after hearing the ..... constitution casts on it a great obligation as the sentinel to defend the values of the constitution and the rights of indians. the courts must, therefore, act within their judicially permissible limitations to uphold the rule of law and harness their power in public interest. it is precisely for this reason that it has ..... unit iii under the impugned notifications?.5. o n the first question, by taking note of the relevant dates and the provisions of the land acquisition act, 1894 (for short, act ), the learned single judge recorded a finding in the negative. the discussions in this behalf are at paragraphs 29 to 43 of the impugned judgment .....
Tag this Judgment!Court : Karnataka Dharwad
..... sec. 151 of cpc praying the trial court to reject the plaint on the ground that the suit is barred by limitation by reason of sec. 27 of the limitation act, 1963. the said application having been rejected, the defendants are before this court.3. learned senior counsel sri shreevatsa, appearing for the defendants would submit that the plaintiffs ..... reasonably equivalent or other valuable benefit passed on by the promisor to the promise or by the transferor to the transferee. applicability of article 65 or 110 of the limitation act, on the one hand and article 59 thereto, on the other, was held to be depending upon the factual situation involved in a case. a decree for setting ..... aside the document may be sought for in terms of section 31 of the specific relief act. applicability of article 59 would depend upon the question as to whether deed was required to be set aside or not.11. as noticed in the beginning, the .....
Tag this Judgment!Court : Karnataka Dharwad
..... : the state of karnataka at the instance of sri. s.r. ravindra deputy director of factories2bellary division, bellary, (an inspector appointed under section81) of the factories act, 1948) respondent (by smt. girija hiremath, hcgp) ------ this criminal revision petition is filed under section397r/w401cr.p.c., to set aside the entire proceedings initiated by ..... the learned magistrate has not taken actual note of the alleged offence. learned magistrate has casually stated that there is contravention of section 92 of the act, which is cognizable. but there is no contravention of said section. the factory has got all arrangements such as ambulance and safety measures. learned ..... has issued investigation report-cum-show-cause notice after making inspection and inquiry. he has also stated how the contravention of certain provisions of factories act and rules are made. the inspector has sent the file seeking sanction for prosecution in view of limitation in filing the complaint and after getting .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the election commission of india which is a multi-member body, and which takes institutional decisions inter alia under the provisions of the constitution, the rp act, 1950 & rp act, 1951. its decisions are not the decisions of the individuals. what the apex court observed in t.n.seshan vs. union of india, (1995) 4 ..... of majority must come into play. 13 (iii) ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena. since they have to act and take significant decisions in the discharge of duties fearlessly. otherwise, they run the fear of being called as witnesses and that may push them to defensive ..... munnoli, advocate for r2; sri.shivaraj bellakki, advocate for r1; r3 & r7 are served) this original side appeal is filed under section4of the karnataka high court act, 1961, praying to quash the impugned portion of the order dated1706.2022 passed by the learned single judge of this honble high court, dharwad bench in election petition .....
Tag this Judgment!Court : Karnataka Dharwad
..... be admitted in evidence. the said person would probably want the issue regarding proper duty chargeable on the instrument resolved by the adjudicating authority prescribed under the act, i.e., the deputy commissioner.74. in such cases, the impounding officer would have no option but to impound the instrument and send it to the ..... . :30. : w.p. no.112448/2017 66. the fact that the deputy commissioner, the prescribed statutory authority for adjudication as to stamps under the act, determines the duty and penalty payable for impounded instruments and also scrutinizes the decision of the impounding officer regarding the duty and penalty levied and has been authorized ..... is statutorily required to send the impounded instrument to the deputy commissioner for determination of the duty and penalty payable under section 37(1)77 of the act.53. even if the impounding officer admits the insufficiently stamped instrument after collecting the duty and penalty as ascertained by him, he is still required .....
Tag this Judgment!Court : Karnataka Dharwad
..... negligence of the rider of the motorcycle. therefore, petition is not maintainable and legal heirs of the deceased cannot claim compensation under section 163-a of m.v.act. the amount of compensation claimed is exorbitant and prayed to dismiss the petition.6. the tribunal has framed relevant issues. petitioners have examined p.ws.1 and ..... respectively of the deceased shambhulingappa. with these reasons, petitioners claimed compensation of rs.22,88,200/-. this petition was filed under section 163-a of m.v.act.5. respondent no.2 has contended before the tribunal that rider of the motorcycle i.e., deceased shambhulingappa was not holding valid driving licence. the owner of the ..... bengaluru-560084 ...respondents (by sri.m.y,katagi, adv. for r2, r1 served) this appeal is filed under section u/s.173 (1) of motor vehicles act, against the judgment and award dated0502.2019 passed in mvc no.82/2017 on the file of the senior civil judge and motor accident claims tribunal, gangavathi, dismissing the .....
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