Court : Karnataka Dharwad
..... offences punishable under sections 498a, 306, 304-b read with section 34 indian penal code ('ipc' for short) and under sections 3, 4 and 6 of dowry prohibition act ('d.p. act for short). 2. the sentence imposed for the offence under the different provisions is as follows: (i) section 304-b of i.p.c. - life imprisonment (ii ..... in secrecy, independent and direct evidence is not easy to get. that is why the legislature has by introducing sections 113-a and 113-b in the evidence act tried to strengthen the prosecution hands by permitting a presumption to be raised if certain foundational facts are established and the unfortunate event has taken place within seven years ..... by the trial court convicting the appellant and the sentence imposed for the offences punishable under sections 498a, 306 of ipc and sections 3, 4 and 6 of dp act is confirmed. ii) the conviction recorded by the trial court insofar as the offence punishable under section 304-b of ipc is confirmed, however, the sentence stands .....
Tag this Judgment!Court : Karnataka Dharwad
..... persons, to knock out the benefit meant for the needy people by adopting illegal means and by obtaining false caste certificate suppressing the fact, then that act is nothing but concealing of truth and at the same time it also amounts to express of falsehood. as the legal maxim says it is suppressio veri ..... government order. the government of karnataka has issued an enactment, viz. the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointment, etc.) act, 1990, 6 and prescribed authorities and procedure to issue income and caste certificate. any certificate issued in contravention with the provisions referred to above is illegal and ..... under section 196, 197, 198, 199, 200 and 420 of ipc and section 3(1)(ix) of the scheduled caste/scheduled tribe (prevention of atrocities) act, 1989 pending on the file of principal district and 3 sessions judge, bagalkot. they have obtained certificate as belonging to scheduled tribe community to get government benefit .....
Tag this Judgment!Court : Karnataka Dharwad
..... persons, to knock out the benefit meant for the needy people by adopting illegal means and by obtaining false caste certificate suppressing the fact, then that act is nothing but concealing of truth and at the same time it also amounts to express of falsehood. as the legal maxim says it is suppressio ..... government order. the government of karnataka has issued an enactment, viz. the karnataka scheduled castes, scheduled tribes and other backward classes (reservation of appointment, etc.) act, 1990, and prescribed authorities and procedure to issue income and caste certificate. any certificate issued in contravention with the provisions referred to above is illegal and ..... under section 196, 197, 198, 199, 200 and 420 of ipc and section 3(l)(ix) of the scheduled caste/scheduled tribe (prevention of atrocities) act, 1989 pending on the file of principal district and sessions judge, bagalkot. they have obtained certificate as belonging to scheduled tribe community to get government benefit under .....
Tag this Judgment!Court : Karnataka Dharwad
..... are entitled?" additional issues: "1. whether the referred dispute is an industrial dispute within the meaning of section 2 (k) or section 2 (a) of the id.act? 2. whether the reference is maintainable in view of the closure of the respondent establishment w.e.f.15.02.1997? 3. whether there is any industrial dispute, ..... the petitioner/'employees before the closure; that the dispute raised by the petitioners comes within the definition of industrial dispute as defined under. section 2 (k) of the act; that having closed the industrial unit, the benefit of the vrs should have been extended to the petitioners and even that has not been extended to them. the ..... on a claim being set up by the union, a reference was made to the labour court under section 10 (1) (c) of the industrial disputes act, (for short 'the act'). the reference was as to 'whether the employees were justified in demanding their reinstatement who have been terminated by the management by illegally closing the industrial unit?' .....
Tag this Judgment!Court : Karnataka Dharwad
..... her children. it is also not in dispute that during the pendency of the proceedings, the present tenants filed applications under section 43 of the rent act to stay further proceedings in the original petition on the ground that there is no jural relationship between the petitioners and respondent (between tenants and landlord). ..... , sri.m.g.naganuri, learned counsel for the respondent/alleged landlord has contended that, earlier, applications filed by the tenants under section 43 of the rent act, seeking stay of further proceedings in the original petitions, were rejected by the hrc court and confirmed in hrc revision petitions and reaffirmed by this court in ..... evidence of the landlord/petitioner in hrc nos.29, 30 and 31 of 2012, the present petitioners/tenants, filed applications under section 43 of the rent act seeking to stay further proceedings in the petitions. the same were resisted by the landlord. after considering the entire material on record, the learned principal civil judge .....
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..... air2003gujarat 74 in the case of harshadbhai zinabhai desai vs. bhavnaben harshadbhai desai and relying upon the provisions of section 9 of the g&w :17. : act, has come to the conclusion that the petitioners have failed to show that the petition is not maintainable for want of territorial jurisdiction. accordingly, rejected their application. ..... opportunity to adduce evidence in support of their respective versions. the solitary test for determining the jurisdiction of the court under section 9 of the g&w act is the ordinary residence of the minor children. the expression used is where the minor ordinarily resides . whether the minor is ordinarily residing at a given ..... relevant considerations, but, cannot be the sole determining factor for the custody of the children. :48. :39. the provisions of section 17 of the guardians and wards act, 1890, reads as under: to be considered 17. matters in appointing guardian. (1) in appointing or declaring the guardian of a minor, the court shall, subject .....
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..... decently, courteously and extend full co-operation for the well-being of the children, which is the paramount object of the provisions of the guardians and wards act, 1890. accordingly, the 2nd point is answered in favour of the mother, holding that the respondent-mother is entitled for interim custody of her minor children ..... to adduce evidence in support of their respective versions. the solitary test for determining the jurisdiction of the court under section 9 of the g and w act is the ordinary residence of the minor children. the expression used is where the minor ordinarily resides ?. whether the minor is ordinarily residing at a given ..... air 2003 gujarat 74 in the case of harshadbhai zinabhai desai vs. bhavnaben harshadbhai desai and relying upon the provisions of section 9 of the g and w act, has come to the conclusion that the petitioners have failed to show that the petition is not maintainable for want of territorial jurisdiction. accordingly, rejected their application .....
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..... as a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable institutions; c) ..... considered the law laid down by the apex court with regard to the interpretation of article 25 and 26 of the constitution of india in the following decisions: (1) bal patil and another vs. union of india, air 2005 sc 3172, (2) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (3) ..... (5) dr. ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air 1966 sc 1113, (6) pannalal bansilal vs. state of andhra pradesh, air 1996 sc 1023, (7) bal patil and another vs. union of india, air 2005 sc 3172, and (8) m.p. gopalakrishnan nair vs. state of kerala, air 2005 sc 3053. the contention of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare ..... and another, air1966sc1119 (5) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte , air1966sc1113 (6) pannalal bansilal vs. state of andhra pradesh, air1996sc1023 (7) bal patil and another vs. union of india, air2005sc3172 and 65 (8) m.p.gopalakrishnan nair vs. state of kerala, air2005sc3053 the contention of the writ petitioners ..... laid down by the apex court with regard to the interpretation of articles 25 and 26 of the constitution of india in the following decisions : (1) bal patil and another vs. union of india, air2005sc3172 68 (2) dr.ramesh yeshwant prabhoo v. prabhakar kashinath kunte, air1966sc1113 (3) commissioner of wealth .....
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..... closely related or otherwise related in the prosecution, their testimony has to pass through the test of close and severe scrutiny before their testimony could be safely acted upon. even considering the contradictions and omissions here and there in their evidence, if their 70 evidence is corroborated by other materials and also if those ..... and his evidence can be 64 accepted for appreciation, if he is not suffering from any incapacity as contemplated under section 118 of the indian evidence act. section 118 imposes responsibility on the court to ascertain as to whether the witness is competent witness to testify and that such persons is not prevented ..... ) kccr1175between the state of karnataka by nyamathi police station, nyamathi vs. sri kantharaj, wherein this court has held that - under section 27 of the evidence act, recovery of weapon, contradiction in evidence of witnesses same cannot be considered as 46 either minor or inconsequential inconsistencies but are glaring enough to go to the .....
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