Court : Karnataka Dharwad
..... rescue the deceased. though the accused were four in number, anybody would not dare beyond a limit to risk one s own life. in fact injury sustained by pw2 shows his attempt to interfere for the protection of the deceased. it is not as though a sharp edged weapon does not cause an abrasion, it depends on intensity ..... injuries reflects the state of mind of the accused. it was not a mind that had calculatedly decided to kill someone but an enraged state of mind driven wild with pain and anger, and completely deprived of self control. in the charge sheet it is clearly mentioned that the accused resorted to killing basavaraj and sangeeta enraged ..... between provocation and assault; the real and substantial question is whether there was time and opportunity for the accused to cool down and break free from provocation. premeditated acts of murder are normally accompanied either by an attempt to kill secretly, or an attempt by the accused to shield themselves and to conceal the offence. these elements .....
Tag this Judgment!Court : Karnataka Dharwad
..... order dated 29.07.2015 passed in crl.misc.no.306/2015 to respondent nos.1 and 2 herein.10. section 18 of the d.v. act deals with protection orders which reads as under: 18. protection orders. the magistrate may, after giving the aggrieved person and the respondent an opportunity of being heard and on being prima facie satisfied that domestic violence ..... ; r2 is minor r/by r1) this criminal petition filed u/sec482of cr.p.c. seeking to quash the proceedings in cc no.1/2022 u/sec12of the protection of women from domestic violence act, 2005 which is pending on the file of iv the jmfc court, - 2 - nc:2023. khc-d:14623 crl.p no.102231 of 2023 belagavi and ..... as per the order dated 29.07.2015 passed in crl.misc.no.306/2015 and committed offence punishable under section 31 of the protection of women from domestic violence act, 2005 (hereinafter referred to as d.v. act , for brevity). the learned magistrate has recorded sworn statement of - 3 - nc:2023. khc-d:14623 crl.p no.102231 of 2023 respondent .....
Tag this Judgment!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
..... 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 .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whoever commits dowry death shall be punished with imprison-ment for a term which shall not be less than seven years but which may extend to imprisonment for life.38. pw.2-vindarsingh has deposed that accused no.1 informed him of the deceased having been injured due to stove burst. pw.4 has also deposed to similar effect ..... in a private mobile shop. such a situation is not contemplated. 52.4. any electronic evidence would have to be proved in terms of the indian evidence act and the information technology act and it is required that section 65-b certificate to be produced therewith. it is on account of not having produced such a certificate, that recording was ..... crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at sarvodaya hospital .....
Tag this Judgment!Court : Karnataka Dharwad
..... (2) whoever commits dowry death shall be punished with imprison-ment for a term which shall not be less than seven years but which may extend to imprisonment for life.38. pw.2-vindarsingh has deposed that accused no.1 informed him of the deceased having been injured due to stove burst. pw.4 has also deposed to similar effect ..... in a private mobile shop. such a situation is not contemplated. 52.4. any electronic evidence would have to be proved in terms of the indian evidence act and the information technology act and it is required that section 65-b certificate to be produced therewith. it is on account of not having produced such a certificate, that recording was ..... crl.a no.100194 of 2019 in cd or dvd nor the same has been marked. it could not be marked since no certificate under section 65b of indian evidence act is produced. 11.8. the investigating officer has not enquired into and submitted as regards the first aid treatment which had been obtained by the deceased at sarvodaya hospital .....
Tag this Judgment!Court : Karnataka Dharwad
..... of the election commission of india which is a multi-member body, and which takes institutional decisions inter alia under the provisions of the constitution, the rp act, 1950 & rp act, 1951. its decisions are not the decisions of the individuals. what the apex court observed in t.n.seshan vs. union of india, (1995) 4 ..... of majority must come into play. 13 (iii) ordinarily, in civilized jurisdictions functionaries of the constitutional bodies are not subjected to subpoena. since they have to act and take significant decisions in the discharge of duties fearlessly. otherwise, they run the fear of being called as witnesses and that may push them to defensive ..... munnoli, advocate for r2; sri.shivaraj bellakki, advocate for r1; r3 & r7 are served) this original side appeal is filed under section4of the karnataka high court act, 1961, praying to quash the impugned portion of the order dated1706.2022 passed by the learned single judge of this honble high court, dharwad bench in election petition .....
Tag this Judgment!Court : Karnataka Dharwad
..... office of the petitioner. it is also found that those workers were not provided with fall arrestor/life line for the purpose of working from such a height. the personnel protective equipment such as pp life line for fall arrestor & retractable fall arrestor were not provided. precautions and safe measures required to be ..... the learned magistrate has not taken actual note of the alleged offence. learned magistrate has casually stated that there is contravention of section 92 of the act, which is cognizable. but there is no contravention of said section. the factory has got all arrangements such as ambulance and safety measures. learned ..... the state of karnataka at the instance of sri. s.r. ravindra deputy director of factories2bellary division, bellary, (an inspector appointed under section81) of the factories act, 1948) respondent (by smt. girija hiremath, hcgp) ------ this criminal revision petition is filed under section397r/w401cr.p.c., to set aside the entire proceedings initiated .....
Tag this Judgment!Court : Karnataka Dharwad
..... to be wrong. but here, so far from holding them to be wrong, the whole of the learned judges, who are thoroughly conversant with the conditions of indian life, say that they are satisfied that the scheme is one which will redound to public benefit by helping the government to maintain the efficiency of its servants. from such ..... 1 (2000) 10 scc664- 13 - wa no.100139 of 2022 c/w wa no.100062/2022 for the purpose of providing irrigation for promoting agriculture, which is the life-blood of about 60% of the population of the state and the subject acquisition is for rehabilitating people displaced as a fallout to the execution of the irrigation project, the ..... that declaration was merely a colourable exercise of the power conferred by the act, 15 air1963sc151- 28 - wa no.100139 of 2022 c/w wa no.100062/2022 and, therefore, the declaration is open to challenge at the instance of the party aggrieved. to such a declaration the protection of section 6(3) will not extend. for, the question whether .....
Tag this Judgment!Court : Karnataka Dharwad
..... to be wrong. but here, so far from holding them to be wrong, the whole of the learned judges, who are thoroughly conversant with the conditions of indian life, say that they are satisfied that the scheme is one which will redound to public benefit by helping the government to maintain the efficiency of its servants. from such ..... 1 (2000) 10 scc664- 13 - wa no.100139 of 2022 c/w wa no.100062/2022 for the purpose of providing irrigation for promoting agriculture, which is the life-blood of about 60% of the population of the state and the subject acquisition is for rehabilitating people displaced as a fallout to the execution of the irrigation project, the ..... that declaration was merely a colourable exercise of the power conferred by the act, 15 air1963sc151- 28 - wa no.100139 of 2022 c/w wa no.100062/2022 and, therefore, the declaration is open to challenge at the instance of the party aggrieved. to such a declaration the protection of section 6(3) will not extend. for, the question whether .....
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