Court : Karnataka Kalaburagi
..... when the abused child is mentally ill or when the abuse is committed by a person in a position of trust or authority vis- - vis a child. the act prescribes stringent punishment graded as per the gravity of the offence, with a maximum term of rigorous imprisonment for life and fine and now as per the amendment capital punishment ..... accused, are proved. however, we want to make it clear that, the court may take into consideration such confession and thereby make it evident on which the court may act, but, it does not say that the confession amounts to proof. in other words, there must clearly be other evidence and confession is only one element in the ..... at kalaburagi for convicting the appellant/ accused for the offences punishable under sec.366(a), 376(2)(i) 302, 201 of ipc and u/sec. 6 if pocso act,2012. this criminal appeal having been heard and reserved for judgment on1603.2023, pronounced judgment on64.2023 confirming the judgment dated1303.2020 of ii addl.sessions judge, kalaburagi in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... offence, in such a situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself to warrant a conviction under ..... crime no.204/2021 for the offences punishable under sections 498a, 323, 504, 506, 494 read with 34 of ipc and sections 3 and 4 of dowry prohibition act. the investigating officer completed the investigation and filed charge-sheet in c.c. no.793/2022 before the additional jmfc, humnabad taluk, bidar district. being aggrieved by ..... records and quash the proceedings in cc.no.793/2022 (crime no.204/2021 humnabad p.s.), for the offences under sections498a), 323, 506, 494 r/w34ipc, and3and4dp act, pending on the file of civil judge and jmfc court at humanabad, against the petitioners. this petition, coming on for admission, this day, the court made the following .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of the high court of gujarat that the occupant of the car/jeep or pillion rider are also statutorily covered under section 147 of the m.v.act under the 'act policy', as these are to be categorized as third party. the high court of gujarat in the above cited case (supra) eruditely delivered judgment upon ..... policy compulsorily covering risk of third parties before making use the said vehicle for plying either in public place or in private place. therefore, the terminology of 'act policy/statutory policy/liability only policy' is being used. therefore, the contract of insurance between the insured and insurer in case of covering risk of third parties ..... laid down in the meena variyal's case (supra) is squarely applicable to the present facts, circumstances involved in these cases. section 147 of the m.v.act prescribes, requirements of policy of insurance and limits of liability, while in the proviso appended thereto carves out an exception to the main provision. it prescribes compulsorily .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... holders, particularly the chairmen of juvenile justice board and its members, presiding officers of special courts under the pocso act, police officers and doctors, who are the stake- holders entrusted with the task of age determination of the juvenile in conflict with law in any manner ..... aged less than 18 years, then he shall be referred to juvenile justice 45 board for all further proceedings as per the provisions of the pocso act.34. it is also necessary to direct the karnataka state judicial academy and karnataka legal services authorities to conduct appropriate legal awareness programs to all stake- ..... 2015 passed by the principal district and (holding concurrent charge of addl. sessions judge, bidar), in special case no.4/2015 while passing order under section34of pocso act . bidar judge at this petition having been heard and reserved for order on1003.2016, coming on for pronouncement of order , this day, the court passed the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. these criminal petitions having been heard and reserved on1603.2023 coming on for pronouncement of ..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. crl.p.no.200660/2019 between1 anjana @ anjali w/o anil paspule age:41. years .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. these criminal petitions having been heard and reserved on1603.2023 coming on for pronouncement of ..... quash the complaint and fir in crime no.423/2018 of deodurga police station for the offences punishable under sections498, 504, 323 and506read with section34of ipc and sections3and4of dowry prohibitiion act, 1961, pending on the file of the court of munsiff and jmfc court, deodurga, raichur. crl.p.no.200660/2019 between1 anjana @ anjali w/o anil paspule age:41. years .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... holders, particularly the chairmen of juvenile justice board and its members, presiding officers of special courts under the pocso act, police officers and doctors, who are the stake-holders entrusted with the task of age determination of the juvenile in conflict with law in any manner ..... law is aged less than 18 years, then he shall be referred to juvenile justice board for all further proceedings as per the provisions of the pocso act. 34. it is also necessary to direct the karnataka state judicial academy and karnataka legal services authorities to conduct appropriate legal awareness programs to all stake- ..... special judge that the said documents were subjected to tampering by somebody, whether still such documents could be relied upon under section 35 of the indian evidence act and whether it can still be said that they are maintained in the regular course of business, without there being any access for tampering those documents. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... expert in that field, having such qualifications, experience and on payment of such fees, while recording the evidence of the child. [sec.38 of pocso act].; vi) the special court shall take assistance of non-governmental organizations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental ..... sufficient. but the appellant has not placed any contra evidence to rebut this presumption in the present case.36. further section 30 of the pocso act deals regarding culpable mental state of the accused and raising the presumption as per explanation provided therein that culpable mental state includes intention, motive, knowledge ..... law revision committee of england in its 11th report, made recently, has recommended the adoption of a modernised version of section 3 of the criminal procedure act. 1865, allowing contradiction of both unfavourable and hostile witnesses by other evidence without leave of the court. the report is, however, still in favour .....
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..... further clarification. but, there is no clarification in respect of the release of the vehicle for interim custody.12. section 60(3) and section 63 of the ndps act read as under: section 60(3): any animal or conveyance used in carrying any narcotic drug or psychotropic substance 2[or controlled substances]., or any article liable to ..... having heard both the counsel and perused the records, the following points would arise for consideration: i) whether the sessions judge being the special court under the ndps act, is empowered to release the vehicle in view of the judgment of the division bench of this court in crl.rp.no.623/2020?. ii) whether there is ..... the petitioner contended that the dcc is not releasing the vehicle, which has nothing to do with the offence committed by the driver of the vehicle under the ndps act. the vehicle in question was hired by some private party for transporting their goods. the accused/driver committed an offence by transporting the drugs, without the knowledge .....
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..... below for ready reference: notification new delhi, the 21st june, 2002 g.s.r. 443(e).-in exercise of the powers conferred by section 9 of the sugar development fund act, 1982 (4 of 1982), the central government hereby makes the following rules further to amend the sugar development fund rules, 1983, namely :- 1. (1) these rules may ..... .2. the learned single judge while allowing the 3 writ petition held that the petitioner was entitled to grant of export subsidy under the provisions of sugar development fund act, 1982 as amended by notification dated 21.06.2002, which allowed a subsidy to the domestic manufacturers of sugar to the extent of internal transport and freight charges borne ..... by its i/c managing director sri a. gopal. respondent (by sri h.n.shashidhara, advocate) this writ appeal is filed under section 4 of the karnataka high court act, praying to call for records, allow the appeal and set aside the order dated 13.03.2017, passed in w.p.no.101533/2013 (gm-res) and pass appropriate .....
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