Court : Karnataka Kalaburagi
..... be prescribed, in the first instance, to decide before which court the proceedings shall be instituted and if that officer decides that they should be instituted before a court-martial , to direct that the accused persons shall be detained in air force custody. ..... it is explicit that the option to try the accused subject to the act by a court-martial is with the air force authorities and the accused person has no option or right to claim trial by a particular forum. ..... the defence of the country being of paramount importance, the air force authorities would know best as to whether the accused should be tried by the court-martial or by the ordinary criminal court because the trial by the ordinary criminal court would necessarily involve a member of the force being taken away for trial by the ordinary criminal court and not being available to the authorities and the like considerations. ..... there may be a variety of circumstances which may influence the decision of the air force authorities as to whether the accused be tried by a court-martial or by a criminal court. ..... years, occ:warrant officer-692560-s relieved from air force station, bidar on0109.2010 presently posted at air force station bhuj, kachchh, gujarat-370430.2. ..... the air commodore air force commanding, air force station, bidar-585401.3. ..... the option appears to have been left with the air force authorities for good and proper reasons. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... accused persons shall be detained in air force custody. ..... the option to try the accused subject to the act by a court-martial is with the air force authorities and the accused person has no option or right to claim trial by a particular forum. ..... the defence of the country being of paramount importance, the air force authorities would know best as to whether the accused should be tried by the court-martial or by the ordinary criminal court because the trial by the ordinary criminal court would necessarily involve a member of the force being taken away for trial by the ordinary criminal court and not being available to the ..... may be a variety of circumstances which may influence the decision of the air force authorities as to whether the accused be tried by a court-martial or ..... in view of the provision contained in section 124 and 125 of the air force act [ the act for short] read with section 475 of the criminal procedure code, the issue was as to whether the proceedings was required to be continued before the learned magistrate or as to whether ..... have been left with the air force authorities for good and proper ..... try a person subject to the air force act who commits an offence while an active service is in the first instance with the air force authorities. ..... in the case, the air force authorities decide either not to try such a person by a court-martial or fail to exercise the option when intimated by the criminal court within the period prescribed by rule 4 of the 1952 rules (supra .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... that on bear reading of section 108 of the karnataka land reforms act, it is only applicable to the case where the minor interest is involved and in the case on hand, just because of the property was in the custody of the receiver, it cannot be construed that there was a bar for the land tribunal to exercise its jurisdiction in finding out that respondent no.1 was a tenant of the said land and therefore, sought for dismissal of ..... . khc-k:2839 wp no.206098 of 2015 where the exclusion of land tribunal is that where the property in question is the subject matter of civil proceedings and is in the custody of civil court or criminal court as the case may be even preferably, then the jurisdiction of the land tribunal is excluded in entertaining form no.7 or applicability of any other provisions of the karnataka land ..... case no.1/1961 and therefore, the karnataka land reforms act, which came into force in the year 1974 and land tribunal formed under said act did not have any jurisdiction to entertain form no.7 filed by the alleged tenants for grant of ..... no.1/1961 inter alia appointed sri n.f.ellavia, the practicing advocate as a receiver to take custody of the properties belonging to said sri trilokchand bhandari.10 ..... . since the property vested in the custody of the court, as it is the property of sri trilokchand bhandari, - 24 ..... 3.7 since the land was in the custody of the receiver from the year 1962 onwards, the revenue entries were mutated in the name of the receiver and records of - 8 - .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... the mind was apt to take a pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to form parts of one connected whole; and the more ingenious the mind of the individual, the more likely was it, considering such matters, to overreach and mislead itself, to supply some little link that ..... the calling of a judge his only will is, only choice he has is if that can be called one to give force to the cumulative effect of the evidence placed before him taking inspiration from the statutes applicable and settled precedents.18. ..... mind was apt to take a pleasure in adapting circumstances to one another, and even in straining them a little, if need be, to force them to form parts of one connected whole .26. ..... deep below consciousness are other forces, the likes and the dislikes, the predilections and the prejudices, the complex of instincts and emotions and habits and convictions, which make the man, whether he be litigant or judge. . ..... says he: i have spoken of the forces of which judges avowedly avail to shape the form and content of their ..... that it was entirely possible that since by 10.07.2013 the investigating officer had recorded the statements of all material witnesses, he decided to arrest the appellants only on that day and accordingly he took them into custody. ..... judges of the nation," says montesquieu, "are only the mouths that pronounce the words of the law, inanimate beings, who can moderate neither its force nor its rigor. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... accordingly, we proceed on the basis that even accused no.6 has been convicted along with accused no.2 and 3 when he continues to be in judicial custody. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... accordingly, we proceed on the basis that even accused no.6 has been convicted along with accused no.2 and 3 when he continues to be in judicial custody. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... means any land granted by the government to a person belonging to any of the scheduled castes or the scheduled tribes and includes land allotted or granted to such person under the relevant law for the time being in force relating to agrarian reforms or land ceilings or abolition of inams, other than that relating to hereditary offices or rights and the word granted shall be construed accordingly. ..... , prior to coming into force of ptcl act and hence prior permission of government was not necessary for alienation after lapse of period of non-alienation. ..... after coming into force of ptcl act, prior permission of government was mandatory and which was admittedly not obtained.15. ..... when once the conditions of grant are fulfilled, the embargo on exercising the ownership right on the granted land by nagappa ceased to be in force.23. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... notwithstanding anything contained in any other law for the time being in force, no civil revision application or petition shall be entertained against any interlocutory order of a commercial court, including an order on the issue of jurisdiction, and any such challenge, subject to the provisions of section 13, shall be raised only in an appeal against ..... (2) notwithstanding anything contained in any other law for the time being in force or letters patent of a high court, no appeal shall lie from any order or decree of a commercial division or commercial court otherwise than in accordance with the provisions of this act.-. ..... the decision in surya dev rai s case (supra) is a decision rendered prior to the coming into force of cca and not with reference to the cca. ..... in that regard he relies upon the decision of the hon ble apex court in surya dev rai vs ram chander rai2 more particularly para 34 and 38 thereof which are reproduced hereunder for easy reference; 2 2003 air scw3872- 10 - nc:2023. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... any person responsible for paying to a resident any sum, being in the nature of compensation or the enhanced compensation or the consideration or the enhanced consideration on account of compulsory acquisition, under any law for the time being in force, of any immovable property (other than agricultural land), shall, at the time of payment of such sum in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to ten per cent of such sum as ..... since acquisition was not completed and in the meanwhile, the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act 2013 (for short hereinafter referred to as the act of 2013 ) came into force, a reference was made under section 64(1) of the act of 2013, as regards compensation, which came to be numbered as lac no.6/2017 before the first additional district and sessions judge, raichur.5. ..... deduction made reduces the compensation amount and forces the petitioner to file his returns and thereafter seek for refund from the income tax authorities which causes inconvenience to the petitioner apart from being violative of section 194la of the it act.13. .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... it also appears from the injuries of the deceased that force was used against the girl for satiation of his lust by the criminal. ..... during his police custody, pw.17 mr.rafiq s/o.malangashaha being the village accountant and cw.3 police drew the mahazar ex.p20. ..... sahebrao arjun hon v.raosaheb s/o.kashinath and ors ((2022) air (crl. .....
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