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
..... 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
..... 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
..... 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!Court : Karnataka Dharwad
..... within his knowledge . if the prosecution has failed to prove that it was especially within his knowledge , then under such circumstances the provision of section 106 of the act cannot be attracted and accused cannot be convicted. the trial court has grossly :11. : erred in relying upon the evidence of only official witnesses and has convicted ..... the accused by drawing presumption u/s 106 of the act. further, the evidence of pw26 the head constable to the effect that the accused appeared before him and had given a confession statement, is also not admissible in ..... her murder.23. it goes without saying that pw26 chidanand, who was working as a head constable was the police officer within the tenets of section 25 of the act. it is well established proposition of law that, if a confession or admission is made to the police officer, whether in the course of investigation or otherwise, then .....
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
..... 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 .....
Tag this Judgment!Court : Karnataka Dharwad
..... nothing but a fraud played on the constitution. 72 there is no doubt that the fraud vitiates all proceedings. fraud unravels everything. any fraudulent act committed cannot be cured subsequently challenging the notification on the plea of doctrine of exclusion of any creamy layer to the political representation, the false ..... legislations since there is no contemporaneous empirical data. the onus is on the executive to conduct a rigorous investigation into the patterns of backwardness that act as barriers to political participation which indeed quite different from the patterns of disadvantages in the matter of access to education and employment . 69 40 ..... vs. jagadish balaram bahira & ors., civil appeal no.8928/2015. iii) k. venkatachalam vs. a swamickan & another, air1999sc1723 thus, it was contended that the act alleged against the appellant would not only constitute fraud, but in effect committing fraud on the constitution, as she has usurped the office of the adhyaksha to discharge .....
Tag this Judgment!Court : Karnataka Dharwad
..... him. we do not find any such material in the present case. mere affirmation of the reassessment order passed by the assessing authority under section 39 of the act by the two higher appellate forums does not deter us from holding that the very initiation of the reassessment proceedings without any further incriminating material was illegal.12. ..... and pass reassessment order on the basis of best judgment. the observations of the learned assessing authority in the impugned reassessment order under section 39 of the act that the assessee was in the habit of not issuing tax invoices with the deliberate intention to evade payment of tax is without any basis. in the ..... tax of rs.2,541/- and compounding fee of rs.5,000/- paid, the learned assessing authority initiated the impugned re-assessment proceedings under section 39 of the act and passed the impugned best judgment assessment order for the month of september 2007 on 30th june 2009 imposing the additional tax, interest, penalty of rs.10,847 .....
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