Court : Karnataka Dharwad
..... of forest produces from the car alleged to have been belong to accused is not in accordance with procedure contemplated under the karnataka forest act and also under the wild life protection act. both courts below have also not properly appreciated the evidence of prosecution witnesses in terms of legal requirement to prove the seizure of ..... court without there being any complaint by any of forest officials covered under section 55 of the wild life protection act. therefore, on this count also conviction of accused for the offence punishable under section 51 of the wild life protection act cannot be legally sustained. the courts below erroneously proceeded to believe oral evidence of p.ws. ..... is hereby set aside. the accused is acquitted for the offences punishable under sections 24(j), 50(3) of the karnataka forest act and section 51(1) of the wild life protection act. the bail bond of accused and that of his surety stand discharged fine amount, if any deposited by accused, is ordered to .....
Tag this Judgment!Court : Karnataka Dharwad
..... trade of red sanders. he would also state that the state of andhra pradesh has made a proposal for its inclusion in - 11 - schedule vi of the act in wild life protection act and in the estimation of the hon ble apex court, the proposal is found to be valid and justified. he would further submit that the red sanders wood ..... to observe that, the contraband/red sanders wood has been declared as an endangered species and it has been directed to be included in the schedule to the wild life protection act, 1972 and by its detailed order has been pleased to direct the union government to enact law to include red sandalwood as a specified plant within the ..... a endangered species as per the declaration of the hon ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act.6. it is submitted that the hon ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme - 7 - court cases 362 .....
Tag this Judgment!Court : Karnataka Dharwad
..... international trade of red sanders. he would also state that the state of andhra pradesh has made a proposal for its inclusion in schedule vi of the act in wild life protection act and in the estimation of the hon'ble apex court, the proposal is found to be valid and justified. he would further submit that the red sanders ..... observe that, the contraband/red sanders wood has been declared as an endangered species and it has been directed to be included in the schedule to the wild life protection act, 1972 and by its detailed order has been pleased to direct the union government to enact law to include red sandalwood as a specified plant within the ..... endangered species as per the declaration of the hon'ble apex court, the respondents have jurisdiction to prosecute for the illegal transportation of the endangered species under the wild life protection act. 6. it is submitted that the hon'ble apex court in its judgment dated 13.02.2012 reported in (2012) 4 supreme court cases 362 has classified .....
Tag this Judgment!Court : Karnataka Dharwad
..... government order is that as the proposed project comes under schedule-i of the notification issued by the central government under the provisions of the environment [protection] act, 1986 and rules and regulations, the company is required to obtain not only the approval of the state government for the project, but also elicit ..... that is the reason why we have indicated that whenever the impact of the law is great, nature of law is draconian, has he effect of depriving life, liberty or property, examination by courts have to be proper, strict, if need be, deep, pervasive and not merely a superficial examination. unfortunately, by ..... profound observations of the eminent author, quoting visionary jurist, sir frederick pollock. stagnation of thinking is death. innovation to suit the changing needs is progress, life. destruction of natural resources is not development but harmonies sustained development without vast affectations should be the approach of the administration, more so, within the .....
Tag this Judgment!Court : Karnataka Dharwad
..... disablement. by loss of consortium, the courts have made an attempt to compensate the loss of spouse s affection, comfort, solace, companionship, society, assistance, 15 protection, care and sexual relations during the future years. unlike the compensation awarded in other countries and other jurisdictions, since the legal heirs are otherwise adequately compensated for the ..... alcohol with the knowledge and consent of the insured. under the 38 circumstances, placing reliance on ex.p.2, the tribunal has, in fact, granted re-life to the insurance company to pay the compensation and recover the same from the insured, whereas in the absence of proof of knowledge and consent of the ..... to be awarded loss of consortium under the head of filial consortium. parental consortium is awarded to children who lose their parents in motor vehicle accidents under the act. a few high courts have awarded compensation on this count [ rajasthan high court in jagmala ram v. sohi ram, 2017 scc online raj 3848 : (2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... by the central government agencies and the state government agencies are implanted at the earliest to avoid any further event, such as death due to dog bite and protect the life and liberty of petitioner girl child aged around 7 years. c. pass such other order or orders as the hon ble court may deem fit in the ..... 7. the municipal authorities are directed to provide for infrastructure both physical - 22 - wp no.110352 of 2019 and human as required under the prevention of cruelty to animals act, 1960, the prevention of cruelty to animals (establishment and regulation of societies for prevention of cruelty to animals) rules, 2001, the animal birth control (dogs) rules, ..... corrected by any other method open to the judiciary to adopt. the right to compensation is some palliative for the unlawful acts of instrumentalities which act in the name of public interest and which present for their protection the powers of the state as a shield. if civilisation is not to perish in this country as it has .....
Tag this Judgment!Court : Karnataka Dharwad
..... authority had passed an order after taking necessary procedural steps removing him from service. 3. the respondent having raised a dispute under section 10(4-a) of the industrial disputes act, 1947 (hereinafter referred to as the id actfor brevity), before the industrial tribunal, hubli, the tribunal had set aside the order of punishment and directed reinstatement of the respondent herein ..... stated by the learned counsel for the petitioner that in the above circumstances, the tribunal having taken a lenient view on the footing that the punishment was disproportionate to the act of misconduct is not justified, as the respondent had not chosen to provide any explanation for his long absence, except providing a medical certificate, which was on the face of .....
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..... regular bail under section 439 of cr.p.c. and the bail application under section 12 of the juvenile justice (care and protection of children) act, 2015 (hereinafter referred to as 'jj act') are different. the nature and gravity of offence is not a matter required to be considered while deciding the application filed ..... be informed. the jj board has to call for social investigation report which has been defined in rule 2 (xvii) of the juvenile justice (care and protection of children) model rules, 2016 (hereinafter referred to as 'rules'). the said report becomes vital for enquiry to be done by the board while passing ..... offence is reported to be poor and other observation is concealing about information related to the incident. the recommendations are family counseling, individual therapy - life style modification/life skills training. long term follow up with mental health professionals, vocational rehabilitation/training.17. if the said report is taken into consideration and tested in .....
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..... be assaulted by the son of the complainant, if he opted to exercise his right of defence, under such circumstances, it is not considered to be an offence and the protection can be given to the accused u/ss 96, 97 and 100 of the ipc.25. we are conscious of the fact that, if the accused exceeds the limits ..... defence step by step with any arithmetical exactitude. (vi) in private defence the force used by the accused ought not to be wholly disproportionate or much greater than necessary for protection of the person or property. (vii) it is well settled that even if the accused does not plead self-defence, it is open to consider such a plea if ..... private defence beyond reasonable doubt. :20. : (ix) the penal code confers the right of private defence only when that unlawful or wrongful act is an offence. (x) a person who is in imminent and reasonable danger of losing his life or limb may in exercise of self-defence inflict any harm even extending to death on his assailant either when the assault .....
Tag this Judgment!Court : Karnataka Dharwad
..... aforesaid judgment.17. the learned counsel would also rely upon the provisions of section 16 of the goonda act to demonstrate that since the apprehension of complainant is under good faith, accused 1 to 6 are entitled to protection for their action in apprehending the complainant and sending him under preventive detention.18. however, when said ..... for his release forthwith. it is further stated by complainant that there is an attempt on the part of petitioners herein to put an end to his life by creating an encounter and also to ensure that his professional career is ruined. he has also made specific accusation against the petitioners herein that they are ..... him under the karnataka prevention of dangerous activities of bootleggers, drug offenders, gamblers, 6 goondas (immoral traffic offenders, slum grabbers and video or audio pirates) act, 1985 ( goonda act for short) and are said to have send him to civil prison for more than a month. infact, he has made specific accusation against all the .....
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