Court : Karnataka
..... nos.5 and 6. the learned counsel appearing for the petitioners would vehemently contend that item no.1 of the property was gifted in favour of his wife during his life time and nothing is there to decide before the trial court. in respect of item no.3 is concerned, it is the contention of the defendants that the property is ..... barred by limitation. by clever drafting and not asking any relief with respect to partition deed dated 11.03.1953, the plaintiffs have tried to circumvent the provision of limitation act and have tried to maintain the suit which is nothing but abuse of process of court and the law.13. having heard the learned counsel for the petitioners and also ..... upon an elaborate scrutiny of the averments made in the plaint, the - 9 - nc:2023. khc:22210 crp no.397 of 2019 reliefs claims therein, the provisions of the said act and the clauses of the partnership deed, came to the conclusion that the reliefs as sought in the plaint, cannot be grantedm in para no.20 of the judgment, the .....
Tag this Judgment!Court : Karnataka
..... view which appears to prevail is that there can be such exclusion. he, however, hastens to add that in most legislations like the industrial disputes act, 1947 or the consumer protection act, 1986, the right to be represented through a legal representative has been left at the discretion of the concerned tribunal, authority or the consent of ..... . (emphasis added) the assistant commissioner directs that respondents 3 and 4 herein should not torture their parents and the parents without any fear 9 should lead their life in the house in which the children are staying. accordingly, the assistant commissioner allows the petition in part. claiming to be aggrieved by the said order, the ..... the petition in part, directs that the petitioner and his wife should not be disturbed from the property and they will remain in the property till their life time and their needs also should be taken care of by the children. the petitioner then calls the order of the assistant commissioner in question before the .....
Tag this Judgment!Court : Supreme Court of India
..... undertaking owned or controlled by a corporation (not being a company) established by or under any central, provincial or state act, (d) any trade union or other association of workmen or employees formed for their own reasonable protection as such workmen or employees, (e) any undertaking engaged in an industry, the management of which has been taken ..... secured by the distribution of scarce resources ; coal, with which mineral we are concerned with, is, indeed, a mineral of the highest importance in the economic life of the nation; its equitable distribution in the manner so as to secure the common good which is the directive contained in article 39(b) led to the ..... perhaps, taxation had to be maintained at high levels. from being a toddler, the economy slowly grew. as the life of the nation progressed, the aspirations of its people, not unnaturally, also expanded. the economic life of a nation can never be perceived in isolation. no nation can remain unaffected by the changes in the state .....
Tag this Judgment!Court : Karnataka
..... kept by the police unit. failure to report, as mandated by section 19, is a punishable offence under section 21 of the pocso act. neither the pocso act nor the protection of children from sexual offences rules 2012 prescribe a template or a format for the report mandated under section 19(1). 1 2022 scc online ..... 18 years 3 female 1180/22 months (emphasis added) chief complaints: amenorrhoea 3/12 months bleeding pv/plain abdomen since morning h/o present illness: prime, married life 3months taken some tablets for termination of pregnancy locally, following plain abdomen/ bleeding pv started (emphasis added) 10 past history: on examination, general condition fair b. ..... put on oxygen, iv fluids etc. the conservative treatment improved the vitals of the victim. she was still unstable and there was no danger to her life. the petitioner is said to have performed medical termination of pregnancy which was incomplete, leaving the placenta behind. on the victim being unstable, further examination was .....
Tag this Judgment!Court : Karnataka
..... e) the central government is hereby recommended to amend the provisions of the ipc as stated supra in order to protect the dignity of the body of the deceased in order to ensure to protect persons right of life includes right of his dead body as contemplated under article 21 of the constitution of india within a period of 6 ..... removal, storage, transplantation of human organs and tissues for therapeutic purpose for preventing commercial dealings in human organs and tissues. thota guarantees a deceased person a right to protect and preserve human organs or tissue or both of the dead body being harvested without his/her consent or the consent of near relatives.61. the national human rights ..... detached from it, even if the body is deluded of the life, is together forms a human being. the provisions of the indian succession act, 1923, provides for execution of the will of a person, after he has died. a person is also has a right to protect his dead body, to be mutilated, wasted or its organs to .....
Tag this Judgment!Court : Karnataka
..... of the state through police. if the police from whom the public at large expects protection and security is subjected to the treatment like in the present case, in our opinion, it is bound to disturb the even tempo of life and morale of the public at large. it was not a case of hit ..... composed. much water has flowed under the bridges and we are living in different times; every daily newspaper will have some report or photograph about the terrorist acts. legislative changes have been brought about to several penal statutes. liberty of an individual as constitutionally guaranteed is important; however, what is even more important is, ..... repels the contention that the offences are not grave; the way offences have been perpetrated cannot be expressed without prefixing the superlatives to these gruesome and heinous organized acts. b. as to maintainability of successive bail petitions & their limitations: (a) the vehement submission of learned counsel for the appellant that the filing of successive .....
Tag this Judgment!Court : Karnataka
..... his assent. this apart, purportedly the assent being for a specific purpose, its efficacy would be confined to that purpose only and therefore, does not put the act under the protective umbrella of article 31c, more particularly when it is not intended to give effect to article 39(b) & (c). (c) although after the 44th amendment ..... principles enjoin the state to reorganise the economic system by law or administrative means and the fundamental rights are means to that end to make right to life meaningful, equality of opportunity and of status and dignity of person a reality. the fundamental rights and the directive principles are the two wheels of the chariot ..... abolish which article 31(2), article 31c and articles 38 and 39 have been enacted, is necessary. poverty has, for ages, been the omnipresent reality of indian life. stark inequalities have been chronic and the 'hidden hunger' (to use myrdal's phrase) of the people have pushed the freedom movement forward in the socialistic direction .....
Tag this Judgment!Court : Karnataka
..... his assent. this apart, purportedly the assent being for a specific purpose, its efficacy would be confined to that purpose only and therefore, does not put the act under the protective umbrella of article 31c, more particularly when it is not intended to give effect to article 39(b) & (c). (c) although after the 44th amendment ..... principles enjoin the state to reorganise the economic system by law or administrative means and the fundamental rights are means to that end to make right to life meaningful, equality of opportunity and of status and dignity of person a reality. the fundamental rights and the directive principles are the two wheels of the chariot ..... abolish which article 31(2), article 31c and articles 38 and 39 have been enacted, is necessary. poverty has, for ages, been the omnipresent reality of indian life. stark inequalities have been chronic and the 'hidden hunger' (to use myrdal's phrase) of the people have pushed the freedom movement forward in the socialistic direction .....
Tag this Judgment!Court : Karnataka
..... 2)(i), 376(3), read with section 149 of indian penal code, 1860 and under sections 17, 5(1) & (6) of the protection of children from sexual offences act, 2012 (hereafter pocso act ). the fast track court at mysore transferred the investigation to the rural police, chitradurga, on the ground of territoriality of offences. accordingly, the ..... of the linga, a symbol of siva, on the body, the practice of strict vegetarianism, and the substitution of jangamas for brahmans in the performance of life cycle and calendar festivals. recognition of the religious leadership of basava the prophet-saint who founded, or perhaps only gave additional impetus to, the lingayat movement ..... impediment. likewise, even a convict is entitled to the precious right guaranteed by article 21 of the constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law... the electoral jurisprudence as obtaining in the country does not bar a person in detention from .....
Tag this Judgment!Court : Karnataka
..... 2)(i), 376(3), read with section 149 of indian penal code, 1860 and under sections 17, 5(1) & (6) of the protection of children from sexual offences act, 2012 (hereafter pocso act ). the fast track court at mysore transferred the investigation to the rural police, chitradurga, on the ground of territoriality of offences. accordingly, the ..... of the linga, a symbol of siva, on the body, the practice of strict vegetarianism, and the substitution of jangamas for brahmans in the performance of life cycle and calendar festivals. recognition of the religious leadership of basava the prophet-saint who founded, or perhaps only gave additional impetus to, the lingayat movement ..... impediment. likewise, even a convict is entitled to the precious right guaranteed by article 21 of the constitution that he shall not be deprived of his life or personal liberty except according to procedure established by law... the electoral jurisprudence as obtaining in the country does not bar a person in detention from .....
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