Court : Karnataka Kalaburagi
..... to produce the incriminating article which has been used for the purpose of commission of 27 the alleged offence. so none of the ingredients of section 27 of the evidence act as stated have been satisfied by the prosecution. in that light, we are of the considered opinion that the contention of the learned addl. spp regarding recovery of ..... police and accused there were no other people in the land. that itself indicates that the said evidence is not satisfying the ingredients of section 27 of the evidence act. the discovery of the fact which is within the exclusive knowledge of the accused has to be established by the prosecution that the accused has to make a voluntary ..... any other day. she has further deposed that she had gone to see the body immediately after coming to know and due to fear she did not disclose the said act of the accused. 1211. a perusal of evidence of this witness does not repose any confidence. it is well settled proposition of law that while appreciating the evidence, .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... be committed in prosecution of that object. the most important ingredient of unlawful assembly is common object. common object of the persons composing that assembly is to do any act or acts stated in clauses first , second , third , fourth and fifth of that section. common object can be formed on the spur of the moment. course of conduct ..... 35 and the arms carried by them are a few basic and relevant factors to determine the common object.20. it has been further observed in the case of bal mukund sharma alias balmukund chaudhary and others v. state of bihar reported in (2019) 5 scc469that, the object of the assembly and the common object are to ..... is established that the unlawful assembly had common object, it is not necessary that all persons forming the unlawful assembly must be shown to have committed some overt act. for the purpose of incurring the vicarious liability for the offence committed by a member of such 29 unlawful assembly under the provision, the liability of other members .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... public prosecutor vehemently argued and submitted that the deceased had given a dying declaration as per ex.p.14 and in the said dying declaration she has stated about the act of accused nos.1 and 2 with regard to ill- treatment and harassment given to her and even accused no.1 pouring the kerosene and ablazing her and even the .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... by the evidentiary material and the very admission of the appellant himself; it is a bounden duty of every husband to protect his wife in any circumstances; what acts the appellant did, to protect his wife from the onslaught of his parents are neither pleaded nor proved; the contention that his parents are very influential & powerful is ..... . most of such marriages are illegal since they are against quranic injunctions... 10 (e) there is no dispute that section 2 of the dissolution of muslim marriages act, 1939 recognizes cruelty of conduct of the husband as a ground for the dissolution of marriage at the instance of aggrieved woman married under muslim law . it needs ..... law" fifth edition, oxford at page 91 lauds the above judgment stating "this strong judgment shows clearly that since the passing of the dissolution of muslim marriages act 1939 the courts have leaned heavily in favour of the wife in all such cases and restitution cannot be had by the husband unless the wife is clearly in .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... attitude of the department and the case of the supplier in the instant case should be an eye opener 3 3 for the state authorities under the act to ascertain whether the registered establishments are doing business at the registered places and also to take pro active steps for the installation of radio frequency identification ..... dated 12.03.2019 to the additional commissioner to seize the vehicle along with the consignments owned by m/s. venkataramana traders under section 67 of the cgst act. the assistant commissioner of central tax, bijapur was directed to seize the vehicle and the goods. later the 2 9 commissioner of central tax, mysuru, instructed ..... also be fictitious. you are directed to effect seizure of the vehicle along with consignments owned by 1 1 m/s. venkataramana traders under section 67 of the cgst act. further, officers of the shivamogga division will be visiting bijapur to take safe custody of the seized vehicle along with goods .9. pursuant thereto, the superintendent of .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... expert in that field, having such qualifications, experience and on payment of such fees, while recording the evidence of the child. [sec.38 of pocso act].; vi) the special court shall take assistance of non-governmental organizations, professionals and experts or persons having knowledge of psychology, social work, physical health, mental ..... sufficient. but the appellant has not placed any contra evidence to rebut this presumption in the present case.36. further section 30 of the pocso act deals regarding culpable mental state of the accused and raising the presumption as per explanation provided therein that culpable mental state includes intention, motive, knowledge ..... law revision committee of england in its 11th report, made recently, has recommended the adoption of a modernised version of section 3 of the criminal procedure act. 1865, allowing contradiction of both unfavourable and hostile witnesses by other evidence without leave of the court. the report is, however, still in favour .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... article 21 of the constitution is established, the lacune in the pleadings of the parties pale into insignificance; even in respect of the claim for compensation under the motor vehicles act,1988 or the recompense under the law relating to land acquisition, courts have held that what has been claimed by the litigant is not decisive and that more than what ..... . respondents (by sri ravindra reddy, adv. for r1 to r3, (vk filed only for r2 and r3) this writ appeal is filed under section 4 of the karnataka high court act., praying to exercise the writ appellate jurisdiction and be pleased to set aside order dated:08.06.2012 passed by learned single judge, in writ petition no.83496/2009 and .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other ..... government advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28(5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226364/2020 between: sri. appasaheb s/o shivalingappa pattanshetty, aged about67years, occ: president, taluka ..... advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28 (5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226146/2020 between:1. bheemaraya s/o basappa guddad, age:55. years, occ: agriculture/president .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other ..... government advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28(5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226364/2020 between: sri. appasaheb s/o shivalingappa pattanshetty, aged about67years, occ: president, taluka ..... advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28 (5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226146/2020 between:1. bheemaraya s/o basappa guddad, age:55. years, occ: agriculture/president .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... , any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other ..... government advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28(5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226364/2020 between: sri. appasaheb s/o shivalingappa pattanshetty, aged about67years, occ: president, taluka ..... advocate) this writ petition is filed under articles226and227of the constitution of india praying to (a) strike down provisions of section28 (5), 28-b(2) of the act as being unconstitutional and unworkable and etc. in w.p. no.226146/2020 between:1. bheemaraya s/o basappa guddad, age:55. years, occ: agriculture/president .....
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