Court : Karnataka
..... the domain vested with the prosecution even it is equally the domain vested with the trial court to appreciate the evidence as under section 3 of indian evidence act, 1872. but the prosecution should establish the guilt of the accused by facilitating positive, cogent and consistent evidence to probabalise that accused had committed murder of deceased ..... it is committed without premeditation in a sudden fight 33 in the heat of passion upon a sudden quarrel and without the offender having taken undue advantage or acted in a cruel or unusual manner. explanation it is immaterial in such cases which party offers the provocation or commits the first assault. exception 5 culpable ..... evidence on the side of the accused. even the trial court has not taken into consideration of the presumption as under section 106 of the indian evidence act, 1872. these are all the contentions made by the learned hcgp for state and seeking for consideration of the grounds as urged in this appeal and consequently .....
Tag this Judgment!Court : Karnataka
..... him for the offence punishable under section 376 of ipc and section 5(n) read with section 6 of the protection of children from sexual offences act, 2012 ( the act for short), the accused in special c.c.no.597/2014 on the file of liv additional city civil & sessions judge, bengaluru has preferred the ..... the material particulars about sexual assault, it is settled proposition of law that the first information report is not encyclopedia. therefore non mentioning of meticulous overt acts of the appellant itself does not falsify the prosecution case. the alleged contradictions do not destroy the core of the prosecution case. therefore that contention is also ..... c. no.597/2014 convicting the appellant/accused for the offence punishable under section376of ipc and under section5n) read with section6of protection of children from sexual offences act, 2012. this criminal appeal coming on for hearing this day, the court through video conference delivered the following: crl.a.no.1831/2016 2 m judgment .....
Tag this Judgment!Court : Karnataka
..... /package policy covers the liability, there cannot be any dispute in that regard. we may hasten to clarify that the earlier pronouncements were rendered in respect of the act policy which admittedly cannot cover a third party risk of an occupant in a car. but, if the policy is a comprehensive/package policy , the liability would be ..... that a comprehensive/package policy would cover the liability of the insurer for payment of compensation for the occupant in a car. there is no cavil that an act policy stands on a different footing from a comprehensive/package policy . as the circulars have made the position very clear and the irda, which is presently the statutory ..... dispute occurrence of accident and injuries suffered by the claimant as a pillion rider and his only grievance is that even though offending scooter was covered with an act policy and no additional premium was paid to cover the risk of pillion rider, learned tribunal merely on account of the fact that there was policy coverage for .....
Tag this Judgment!Court : Karnataka
..... in his evidence that he has not traced the admitted handwriting of deceased. it should have been subjected to examination keeping in view section 45 of the indian evidence act, 1872. but the investigating agency did not made any venture to forward the said death note to handwriting experts to ascertain whether the writings made in ex.p19 is ..... ipc and the principles laid down by this court are applicable to the case on hand and there is no nexus between the cause of death of deceased and the act of accused. therefore, the trial court held that there is strong doubt in the alleged crime committed by the accused persons and under such circumstances, the benefit of ..... .1 their relationship became strained. before cross-examination of pw.2 he died. but even though evidence of pw.2 is admissible under section 33 of the indian evidence act, but the trial court held that in view of evidence of other witnesses there was no sound reason to believe any corroborated testimony of pw.2, his evidence does .....
Tag this Judgment!Court : Supreme Court of India
..... in accordance with the provisions of the explanation to article 15 of the constitution inserted by the constitution (one hundred and third constitution amendment) act 2019. the solicitor general submitted that a period of four weeks would be required to conduct this exercise and the counselling would remain suspended during ..... backward classes, scheduled castes and scheduled tribes (reservation of seats in educational institutions and of appointments or posts in the services under the state) act 1993 providing 69 percent reservation. the enactment permits 50 percent reservation for backward classes and the most backward classes. therefore, both the state legislature ..... the obc seats in the aiq is constitutionally valid. the senior counsel made the following submissions: (i) parliament by the constitution (ninety-third amendment) act 2005 introduced clause (5) in article 15 providing reservation for the scs, sts and socially and educationally backward classes (or the obcs) in admission to .....
Tag this Judgment!Court : Karnataka
..... 38 it is further contended that, the complainants and their associates have committed serious economic offences and violated the provisions of companies act, pmla, sebi act, rbi act and income tax act and given their clout and influence the matter needed court monitored multi disciplinary investigation. the issues in respect of the same along ..... propriety is involved and the judges, like everyone else, will have to earn respect and they cannot demand respect by- (i) punishing persons for unintended acts or technical violations; (ii) frequent summoning of government officers to court; and (iii) making avoidable adverse comments and observations against persons who are not ..... controlled by accused no.2-r.subramanian. the directors of 'india awake for transparency'-mr. rajender kumar and mrs. adiseshan srimathi are disqualified to act as directors and their appointment as additional directors was not regularized in the annual general body meeting 105 of 'india awake for transparency'. it is .....
Tag this Judgment!Court : Karnataka
..... petitioners are knocking at the doors of writ court for laying a challenge to the proceedings taken up under the provisions of prevention of money laundering act, 2002 ('act' for short) and to the provisional attachment order dated 28.9.2021 made by the respondent at annexure-a; after service of notice, the ..... country, consistent with india's international obligation, as legislated; this being the position, such on argument militates against the legislative logic and policy considerations of the act. d. a legislation is not a slave of its dictionary clause: (i) the vehement submission canvassed on behalf of the petitioners that the expression 'corresponding ..... integrity and sovereignty...". b. un conventions on prevention of money laundering and india s legislative response: (i) the parliament enacted and structured the pml act to implement political declaration and global programme of action adopted by the un general assembly at its 17th special session in 1990 and the political declaration .....
Tag this Judgment!Court : Karnataka
..... order of the court. the order of the court unambiguously should state as to whether the previous investigation, for reasons to be recorded, is incapable of being acted upon. neither the investigating agency nor the magistrate has any power to order or conduct fresh investigation . this is primarily for the reason that it would be ..... responsible and answerable for the manner and methodology adopted in completing his investigation. where the default and omission is so flagrant that it speaks volumes of a deliberate act or such irresponsible attitude of investigation, no court can afford to overlook it, whether it did or did not cause prejudice to the case of the prosecution ..... :1. (2012) 8 scc2636 21. the investigating officer, as well as the doctor who are dealing with the investigation of a criminal case, are obliged to act in accordance with the police manual and the known canons of medical practice, respectively. they are both obliged to be diligent, truthful and fair in their approach and .....
Tag this Judgment!Court : Karnataka
..... offences punishable under the penal code, the high court was absolutely right in setting aside the order of the special judge. unlike section 19 of the pc act, the protection under section 197 crpc is available to the public servant concerned even after retirement. therefore, if the matter was considered by the sanctioning authority ..... being accompanied by a valid sanction order could not have been entertained by the special court on the allegations of offences punishable under the prevention of corruption act. it was submitted that even though the power to order investigation under section 156(3) can be exercised by a magistrate or the special judge at ..... lokayukta, in exercise of powers conferred under section 156(3) crpc without the production of a valid sanction order under section 19 of the prevention of corruption act, 1988.2. the appellants herein filed a private complaint under section 200 crpc before the additional city civil and special judge for prevention of corruption on 9-10 .....
Tag this Judgment!Court : Karnataka
..... of the property transferred and is authorized to transfer it and the property transferred is not a mere chance or succession, but immovable property itself, and the transferee acts upon such erroneous representation, then if the transfer happens later, before the contract of transfer comes to an end, to acquire an interest in that property, ..... suit. to substantiate the contention learned counsel has relied on the following judgments:20. 1. (1995) 5 scc431- vidyawati vs. man mohan and others.2. (1986) 4 scc155- bal kishan vs. om parkash and another.3. 2007 (3) kar. l.j.125 - shankarappa (deceased) by his l.rs vs. basawarajappa.4. (1998) 5 scc368- seethalakshmi ..... brought by the plaintiffs is a joint and consolidated action, the next point to be 28 answered is whether section 6(a) of the transfer of property act, 1882 is applicable. while addressing arguments, learned counsel sri.amaresh angadi strenuously urged that original the first and the second plaintiffs had only a chance of succession .....
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