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
..... 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
..... petitioners and allowed the petitions. while doing so, the learned single judge took into account the various statutory provisions contained in the kh act, kuda act, ktcp act and kiad act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ petitioners from their ..... the article. the state seeking to acquire private property for public purpose cannot say that no compensation shall be paid. the regional and town planning act also does not contemplate deprivation of a landholder of his land, without compensation. statutory authorities are bound to pay adequate compensation.100. the high courts ..... hanumanth m pai, aged about68years, occ. business, r/o. kiravatti.2. m/s harsham logistics private limited a company incorporated under the provisions of the companies act, having its registered office38 ii floor, eureka junction, t b road, hubballi58002, dharwad, rep. by sri dinesh s/o ramdas pai, director and authorised signatory .....
Tag this Judgment!Court : Karnataka Dharwad
..... that sister of accused no.1 by name triveni belonging to hindu maratha community married one vinod malali of hindu raddy community on 12.05.2020 under the special marriage act and got registered the same with the sub-registrar, gangavathi. being enraged with inter caste marriage, accused no.1 who is the brother of triveni gave an offer (supari) to .....
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..... 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. :49. :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 ..... 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
..... above. (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that the ..... establish that the actions of the appellant were preplanned, motivated, predetermined and that he has committed the murder of 2 adults and 3 children.34. an heinous act of murder of his wife, sister-in-law and three children all of whom were below 10 years of age having been committed would also indicate the depravity .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the naturally grown grass cannot be compared with the subservient activities carried out in that case and that is specifically excluded from the definition of cultivation under 1961 act. therefore, the said decision is clearly distinguishable on facts.22. in suresh s.rao and others vs. land tribunal, belgaum and others, 2007 (5) kar. ..... banakar vs. the land tribunal, dharwar & others, ilr1979kar156 a division bench of this court held that the definition of land in section 2(18) of the act of 1961 includes land used for a purpose subservient to agriculture and the definition of the word cultivate would include improving agricultural produce and it is not necessary that ..... as farmer. the applicant has admitted this factor that, there is no clear mention about payment of rents. as per section 2(10) of karnataka land reforms act, the expression cultivation of land is defined as under: to cultivate , with its grammatical variations and cognate expression means to till or husband the land for the .....
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..... could be the basis of conviction. in other words even in the absence of oath the evidence of a child witness can be considered under section 118 of the evidence act provided that such witness is able to understand the questions and able to give rational answers thereof. the evidence of a child witness and credibility thereof would depend upon the ..... before the court against her own father in the incident, where she had lost her mother and younger sister and she herself sustained injuries as a result of the gruesome act of the accused. there is nothing on record to show that the version of this witness is a tutored version or that it is not believable. therefore we do not .....
Tag this Judgment!Court : Karnataka Dharwad
..... above. (5) that in the facts and circumstances of the case the appellant believed that he was morally justified in committing the offence. (6) that the appellant acted under the duress or domination of another person. (7) that the condition of the appellant showed that he was mentally defective and that the said defect unpaired his ..... age of the appellant. it the appellant is young or old, he shall not be sentenced to death. (3) the probability that the appellant would not commit criminal acts of violence as would constitute a continuing threat to society. (4) the probability that the appellant can be reformed and rehabilitated. the state shall by evidence prove that the ..... establish that the actions of the appellant were preplanned, motivated, predetermined and that he has committed the murder of 2 adults and 3 children.34. an heinous act of murder of his wife, sister-in-law and three children all of whom were below 10 years of age having been committed would also indicate the depravity .....
Tag this Judgment!Court : Karnataka Dharwad
..... secretly and wrongfully using the opportunity of absence of his sister in her house and using the said house as a place for committing the offence. because of this act of the appellant/accused, an innocent, helpless girl believing that appellant/accused went with him in a car and she was subjected to rape by him. thereafter, mercilessly ..... murdered her and thereafter transported the dead body, tried to destroy the evidence by putting fire on the dead body which was half burnt. it is submitted that, his acts and actions discloses planning and pre-meditated actions and that the ghastly crime was committed in a barbaric manner.101. sub section (3) of section 354 cr.p.c ..... the conviction of accused for the offence of kidnapping, rape and murder under sections 363, 376(2)(f), 302, 201 of ipc and sections 4 and 6 of pocso act, 2012. while confirming the said sentence of conviction, we propose to commute the death sentence to life imprisonment *for a period of 25 years without remission* for the .....
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