Court : Karnataka Kalaburagi
..... 4. the complainant (respondent herein) has riled a complaint against the petitioner herein (accused) for the offence punishable under section 138 of the negotiable instruments act (for short, 'n. i. act.') stating that the accused (petitioner herein) and himself are very good friends. in that connection, the accused has approached the complainant for a loan of ..... 11. the main contention of the learned counsel for the petitioner before this court is the though the initial presumption u/s. 139 of negotiable instruments act was raised in favour of the complainant, but during tin course of evidence, the accused has very suecessfully rebutted the said presumption to the effect that the ..... of records, the revisional court is not justified in setting aside the order, merely because another view is possible. the revisional court is not meant to act as an appellate court. the whole purpose of the revisional jurisdiction is to preserve the power in the court to do justice in accordance with the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... of consultancy services , consultants and client as narrated above, but this should not be read in isolation of the definition given under the prevention of corruption act. the rules only disclose that under the above provisions what are the duties of the consultancy services or consultants . whether those duties are referable to public duties ..... be contract between the parties, but the relationship as that of master and servant cannot be completely ignored. after interpreting section 2(c) (viii) of the act, the court has observed that if a person enters into a contract with the government or governmental departments for the purpose of doing public duty, while discharging ..... in the following,- suppose if the department has appointed regular assignment civil engineer and entrusted this work, if the said person committed any offence under the act whether he would have been liable for prosecution or not . the answer must be in the affirmative that if any public servant who is appointed to .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... hospital, gulbarga. based on these facts, the claimants being the wife and children of the deceased filed a claim petition under section 163-a of the motor vehicles act, 1988, (the act for short), by adducing evidence of pw.1, marking exs.p1 to p7 in support of their claim. the appellant insurance company has contested the case by ..... person must also be attributed having regard to the context in which they have been used i.e., a third party . keeping in view the provisions of the act 1988 act, we are of the opinion that as the provisions thereof do not enjoin any statutory liability on the owner of a vehicle to get his vehicle insured for ..... or death of the gratuitous passengers of a private vehicle, unless additional premium is paid to cover the risks of such occupants/inmates, as the insurance policy was an act policy. gr.36 of indian motor tariff provides for personal accident (pa) cover under motor policy which provides compulsory personal accident cover of owner-driver. the pa collected .....
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
..... 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
..... the stipulated period and also fail to return the same to the complainant even after her death and thereby committed and offence punishable under section 6 of dowry prohibition act? 6. what order? the court below answered the points in the affirmative and convicted the accused. it is that which is under challenge in the present appeal ..... rs. 5,000/- each. in default they shall undergo a further imprisonment for a period of three months for the offences punishable under section 6 of dowry prohibition act.) 1. heard the learned counsel for the appellants and the learned government pleader. 2. the appellants were the accused before the trial court and seek to challenge ..... 15,000/- each, in default they shall undergo a further imprisonment for a period of one year for the offence punishable under section 3 of dowry prohibition act. further the appellants/accused no.1 and 3 are sentenced to undergo imprisonment for a period of six months each. in default they shall undergo a further imprisonment .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the government may, if satisfied with respect to any bootlegger, dacoit, drug-offender, goonda, immoral traffic offender or land-grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such persons be detained.(2) if, having ..... vendor and was living with his wife and children at jalalnagar, raichur. he had been arrested for offences punishable under sections 3(1) and 8 of the goondas act. it transpires that there were a large number of cases against the petitioner. the details of which are shown in tabular form as extracted hereunder: sl. no ..... dated 29.12.2015 under section 3 of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers act 1985 (karnataka act no. 12/1985) and same is considered and confirmed by the state advisory committee bearing order no. hd 01 sst 2016 dated 03.02.2016 and in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... 29.12.2015 under section 3 of the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, goondas, immoral traffic offenders and slum grabbers act 1985 (karnataka act no.12/1985) and same is considered and confirmed by the state advisory committee bearing order no.hd01sst2016dated 03.02.2016 and in pursuance of the ..... the state government may, if satisfied with 9 dacoit, bootlegger, drug-offender, goonda, immoral traffic offender or land-grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such persons be detained. respect to any ..... bootlegger or drug- offender or gambler or goonda or immoral traffic offender or slum- grabber that with a view to prevent him from acting in any manner prejudicial to the maintenance of public order, it is necessary so to do, make an order directing that such persons be detained. of magistrate .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the evidence of the complainant coupled with the evidence of the brother of the deceased, was relevant in establishing the motive. 19 that six months prior to the incident, seema, the sister of accused no.1 having eloped with muralidhar, had triggered the enmity and vengeance between accused no.1 and muralidhar and it was suspected by accused no. ..... 34 of the indian penal code, 1860 read with section 3(2)(v) of the sc & st (prevention of atrocities) act, 1989 beyond all reasonable doubts?.2. whether the prosecution further proves that, in committing the offence of murder as stated in charge no.1, a1 to a3 have destroyed ..... the body and caused bleeding injuries and as a result of which said prashant kange died and the accused no.1 to 3 did the said act knowing fully well that their acts are going to cause the death of said prashant kange and thereby committed murder of said prashant kange 10 punishable under sections 302 read with section .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... which such person could be tried together with the accused. the words used are not for which such person could be convicted . there is, therefore, no scope for the court acting under section 319 cr.p.c. to form any opinion as to the guilt of the accused. (emphasis supplied) the court has framed a further question, namely, in what situations ..... 319 cr.p.c. has to be broadly understood and not literally i.e. as evidence brought during a trial and hence he would submit that the court below has acted in its discretion which is in accordance with the law laid down by the constitution bench.5. however, the learned counsel for the petitioner would insist that hardeep singh s ..... be tried. hence, what is required is not to have a mini-trial at this stage by having examination and cross-examination and thereafter rendering a decision on the overt act of such person sought to be added. in fact, it is this mini-trial that would affect the right of the person sought to be arraigned as an accused rather .....
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