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
..... under article 227 of the constitution of india. (2) the bar contained in section 8 of the commercial courts act shall not affect the supervisory jurisdiction of the high courts under article 227 of the constitution of india in respect of the orders, including interlocutory orders ..... hon'ble supreme court referred to hereinabove, our conclusions in nutshell are as under:- (1) the bar contained under section 8 of the commercial courts act against entertainability of "civil revision application or petition" against the interlocutory orders passed by the subordinate/commercial courts, shall not be applicable to the writ petitions ..... obliterated the distinction between the two jurisdictions. while exercising jurisdiction to issue a writ of certiorari the high court may annul or set aside the act, order or proceedings of the subordinate courts but cannot substitute its own decision in place thereof. in exercise of supervisory jurisdiction the high court may .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of its judgment that, the trial court completely overlooked the provisions and failed to appreciate the statutory presumption drawn under sections 118 and 139 of n.i. act. the statute mandates that once the signature of an accused on the cheque is established, then these reverse onus clauses become operative. in such a situation, ..... crl.a no.200030 of 2017 20. whenever execution of negotiable instruments is admitted, then, the court may draw presumption under section 118 of the n.i. act, which reads as under:"118 presumptions as to negotiable instruments. until the contrary is proved, the following presumptions shall be made: (a) of consideration that every ..... capacity to lend loan and the amount due is not legally recoverable debt, accordingly, acquitted the accused without drawing presumption available under section 139 of n.i. act. it is contended that, the complainant has discharged initial burden casted upon him, but, the accused has not discharged the burden. the trial court has wrongly .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... is a duly registered document of the nature envisaged in the section, the court shall presume that the adoption was in compliance with the provisions of the ha & m act, 1956, unless and until it is disproved . the factum of adoption must be proved in the same manner as any other fact, and there are no special rules ..... by registered adoption deed dated 29.12.2005. the presumptive value of the registered document relating to adoption needs to be looked into, section 16 of the ha & m act, 1956 deals with the presumption as to the registered documents relating to adoption. the said section reads as under: 16. presumption as to registered documents relating to adoption.- ..... is by a registered document and the presumption under law is that, the court shall presume the adoption was in compliance with the provisions of the ha & m act, 1956 and it is a valid adoption. further, he would contend that the first appellate court being the last fact finding court has re-appreciated the entire evidence .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... that the petitioners are encroacher is farfetched and abuse of process of the court and the subsequent proceedings initiated against the petitioners under section 54 of the waqf act directing the petitioners to handover possession is baseless and holds no water.-. 27 - nc:2023. khc-k:9362 wp no.207380 of 2017 therefore, the ..... the mutation entry made by the tahsildar before this court without exhausting the alternative efficacious remedy provided under section 136 (2) of the karnataka land revenue act.10. it is further contended that respondent no.3 even after issuance of notice to the petitioners, they have failed to produce any document before the authority ..... on behalf of respondent no.5 waqf board vehemently contends that the writ petition is not maintainable, as there is alternative efficacious remedy available under the waqf act, 1995. hence, he contends that the petition is liable to be dismissed on this ground itself. it is further contention of learned counsel for respondent no .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... evidence is not conclusive evidence but only a very useful guiding factor to be considered in the absence of documents mentioned in section 94(2) of the jj act, 2015".18. in the case on hand, the learned principal district and sessions judge has summoned the relevant documents from the school, examined the headmaster and then ..... such as matriculation certificate, could be accepted by the court or the jj board provided such public document is credible and authentic as per the provisions of the evidence act viz. section 35 and other provisions. 33.11. ossification test cannot be the sole criterion for age determination and a mechanical view regarding - 23 - nc:2023. ..... offences and due to the sexual intercourse the victim girl became pregnant, thereby committed offence punishable u/sec 376(3) of ipc and section 6 of pocso act?.3. what order?.5. the learned special judge answered the points in the affirmative, proceeded to convict the accused and sentenced him to undergo simple imprisonment for .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... suits. as observed in rakhma bai v. mahadeo narayan, ilr42bom155 the expression "subject matter" in order 23, rule 1, code of civil procedure means the series of acts or transactions alleged to exist giving rise to the relief claimed. in other words "subject matter" means the bundle of facts which have to be proved in order ..... granted to gurubasayya as a mathadipathi after he has taken sanyasa, the lands granted to gurubasayya is not in his individual capacity, but under the inam abolition act to the agricultural lands owned by the mathadipathi and the plaintiff cannot be succeed by an ascetic one who enters into religious order severs his connection with the ..... and not as mathadipathi. leaned senior counsel taking this court to sections 25 to 28 of the hindu succession act 1956 (herein after referred to as the act for short) submits that the said provisions of the act does not disentitle any person who becomes a sanyasi from acquiring any property.7. urging these grounds learned senior .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 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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