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
..... -state by way of ordinance bearing no.2/2020 has brought in amendment to sections 179 and 180 of karnataka grama swaraj and panchayat raj amendment act, 1993(karnataka act 14 of 1993) whereby the length of time of moratium which was earlier 30 months is reduced to 15 months. the second proviso to section 25 ..... appearing for the petitioners, it is clearly forthcoming that the petitioners have some legal right to seek no- confidence motion against the respondent no.4. the act clearly contemplates corresponding legal duty upon the 46 respondents. i am also of the view that the petitioners have no alternative and efficacious remedy and the representations ..... is virtually seeking permission from the first respondent to preside over the no-confidence motion. the second respondent derives the authority under section 180(6) of the act and hence question of seeking an explanation from the first respondent appears to be unwarranted. there is inaction on the part of second respondent. the public .....
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
..... for the use of the litigant public and members of the bar) earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, are - 74 - taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature. any ..... therefore, protected.19. second objection regarding maintainability of the writ petition on this - 71 - ground that high court bar association being registered under societies registration act is not amenable to writ jurisdiction under article 226, constitution of india, it will suffice to mention that at this stage writ petition does lie and ..... use of common spaces, allotment of commercial spaces, their identification, earmarking of parking lots, policies and rules for designation of senior counsel under the advocates act, 1961, are taken, more often than not, with the consultation and inputs from these bar associations, in view of their representative nature.31. considering the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the plaintiff before the tribunal.16. the main argument of the learned counsel for the petitioner (defendant no.1) is that the wakf tribunal constituted under the act has no authority to decide a dispute between the waqfs (auqaf), with respect to the property claimed to have been attached to them. the specific contention is ..... corrigendum, the suit was hopelessly barred by time.12. learned counsel for respondent no.1 in his arguments submitted that by virtue of section 83 of the act, suit before the tribunal was maintainable though undisputedly the suit property is waqf property. he further submitted that corrigendum was issued 35 years after the publication of ..... ownership of the properties between two waqfs cannot be decided by the tribunal. he vehemently submitted that in view of section 6 of the waqf act, 1995 (for brevity, the act ), the waqf tribunal cannot decide the question of the alleged possession of the properties and the alleged execution of the gift deed for which relief .....
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
..... 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 .....
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