Court : Karnataka Kalaburagi
..... can dismiss the complaint.21) where a magistrate orders investigation by the police before taking cognizance under section 156(3) of the code and receives the report thereupon he can act on the report and discharge the accused or straightaway issue process against the accused or apply his mind to the complaint filed before him and take action under section 190 ..... also by the magistrate: provided that, when the complaint is made in writing, the magistrate need not examine the complainant and the witnesses- (a) if a public servant acting or- purporting to act in the discharge of his official duties or a court has made the complaint; or 7 (b) if the magistrate makes over the case for inquiry or trial to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... court and the first appellate court have concurrently held that she is in possession of the suit property. hence, the proviso to section 34 of the specific relief act is not attracted and the said substantial question of law is answered in the affirmative, against the defendant. 3328. the second substantial question of law is answered in ..... such transaction was not induced by undue influence, shall lie upon the person in a position to dominate the will of another. section 111 of the indian evidence act also states: where there is a question as to the good faith of a transaction between parties, one of whom stands to the other in a position of ..... law in entertaining suit for mere declaration and injunction without claiming the relief of consequential relief of possession, which is contrary of proviso to section 34 of specific relief act?.2. whether both the courts below were justified in law in decreeing the suit, when the plaintiff could not prove the fraud alleged to have been played by .....
Tag this Judgment!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
..... rp no.200044/2018 instigated by his mother and sister. as such, the petitioner constrained to file petition under section 12 of the protection of woman from domestic violence act, (for short the act ).3. the trial court allowed the petition partly and ordered the respondent to pay rs.3,000/- per month as maintenance. being aggrieved by the same, the ..... court and it is nullified by the competent court having jurisdiction to pass such order. the courts while dealing with the maintenance matters, either under section 12 of the act or under section 125 of cr.p.c. should not go into the validity of the marriage. however, the court may peruse the evidence of the wife as to ..... dehors its jurisdiction. in the present case, the appellate court gone into the validity of the marriage and set aside the order of maintenance passed under section 12 of the act, which is beyond its jurisdiction and hence, it is liable to be set aside.11. hence, i proceed to pass the following: - 8 - crl.rp no.200044/2018 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... impulse, and when proved, is according to more recent decisions in england and america a good ground for exemptions, even though there may be sufficient understanding that the act is wrong or illegal. (e) where, however, the existence of such understanding is not negatived, the mere irresistible impulse does not seems to be a ground of ..... must prove is that, at the time of commission of crime the cognitive faculties of the persons was impaired which made him incapable of knowing the nature of the act. in surendra mishra v. state of jharkhand9 the apex court held that the mere fact that the accused is conceited, odd, irascible, had fits of insanity ..... behaviour of accused, they have consistently deposed that accused was of good character when he was teaching in the school and he had no bad antecedents. he never acted as an insane person during teaching.25. these three witnesses are not the eye witnesses but, have spoken about conduct and behaviour of accused being colleagues in the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the trust, the same at the most would amount to a public nuisance and in terms of section 92 of cpc without permission being taken from the jurisdictional district court acting in its capacity as a parens patriae no suit can be instituted by the public charitable trust against anybody. these aspects going to the very root of the matter inasmuch ..... or exchanged; (g) settling a scheme; or (h) granting such further or other relief as the nature of the case may require. (2) save as provided by the religious endowments act, 1863 (20 of 1863), 2[or by any corresponding law in force in 3[the territories which, immediately before the 1st november, 1956, were comprised in part b states].]., no .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... which time, he was aged 24 years, the adoption was without his consent and was prohibited under the provisions of sec.10 of hindu adoptions and maintenance act, 1956 ( 'the act' for brevity).4. the defendant nos.1, 5 to 7 resisted the said suit contending that the plaintiff was given in adoption to one p. vishnu and ..... judgement and hence the decree as contended by the plaintiff?.2. whether the learned trial court committed error in interpreting section 12 of the hindu adoptions and maintenance, act, 1956?.3. what order?.10. being aggrieved by the concurrent findings of both the courts, the plaintiff has approached this court in second appeal. the appellant contended ..... . from the provisions of the aforesaid statute it is quite manifest that the legislature has enacted a special provision, ie. proviso (b) to section 12 of the act which is explicit and unequivocal in its language and intention. the property as per the said proviso (b) which vested in the adopted child before the adoption 14 .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... [krishnamoorthy v. sivakumar, (2015) 3 scc467: (2015) 2 scc (cri) 359 : air2015sc1921 . it was a case arising under the tamil nadu panchayats act, 1994. a notification was issued by the state election commission stipulating that every candidate at an election to any panchayat is required to disclose information, inter alia, ..... ) 1 rule 10 have no application - application will be dismissed. in air1971sc373[ ?.?.?..]. , it has been held as follows: (a) representation of the people act, (1951), section 83-amendment of election petition - rectification of defective petition by way of amendment after expiry of period of limitation for filing it is not permissible ..... second contention the learned counsel for the petitioner relied upon two decisions. in air1969sc872[ ?.?.?..]. , it has been held as follows: (b) representation of the people act (1951 as amended in 1966), sections 81, 82, 86(5), 87, 116a - election petition - necessary party not joined within limitation for filing petition - high .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the other hand, the executive seeking to restrict the exercise of such right by imposing a fetter of not considering an application for parole, if an appeal is filed would act contrary to and is an antithesis to article 21 of the constitution.13. thus, for both the above reasons, i am of the considered opinion that the word "cases" which .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , gulbarga now kalaburagi registered crime no.9/2007 for offences punishable under sections 7, 13(1)(d) r/w section 13(2) of the prevention of corruption act 1988 as regards aforesaid allegation where he was tried and acquitted on 16.03.2012. 9.2. suo-moto proceedings were also initiated by the lokayukta and a report ..... report came to be submitted under section 12(3) of the karnataka lokayukta act, 1984. the second respondent-under secretary, rural development and panchayat raj department vide its order dated 09.11.2011 entrusted the enquiry under rule 14-a of the ..... police, gulbarga, registered as crime no.9/2007 for the offences punishable under sections 7, 13(1)(d) r/w section 13(2) of the prevention of corruption act, 1988, wherein he was tried and acquitted on 16.03.2012. subsequent thereto, suo-moto proceedings were initiated by respondent no.3-upalokayukta against the petitioner and a .....
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