Court : Karnataka
..... duty nothing is left to discretion; it is a simple, definite duty. presentation of election petition to the high court within the meaning of section 81 of the act without anything more would mean delivery of election petition to the high court through one of its officers competent or authorized to receive the same on ..... by the appellant herein-boyount technology constellation pvt. ltd., it was stated that the petitioner was a partnership firm registered under the partnership act, 1932 and that the petition under section 95 of the code against it was not maintainable. 3.1 it was stated that the petitioner with other entities, all are engaged ..... duly elected in the elections held to the badarpur legislative assembly constituency of assam. the contesting respondent filed an election petition under sections 80/81 of the representation of the people act, to challenge the election of the appellant. the election petition was presented before the stamp reporter-cum-oath commissioner of the high .....
Tag this Judgment!Court : Karnataka
..... public interest. wherefore, it is requested of your good office, to kindly grant sanction for the prosecution of sri.siddaramiah, for offences under section 7, section 9, section 11, section 12 and section 15 of the prevention of corruption act, 1988 and section 59, 61, 62, 201, 227, 228, 229, 239, 314, 316(5), 318(1), 318(2), 318(3), 319, ..... practices adopted by shri siddaramaiah, hon ble chief minister of karnataka concerning allotment of alternative sites by mysore urban development authority ( muda ) under various sections of pc, act, 1988 and bnss, 2023 has been perused.28. in view of the allegations and on prima facie perusal of the petitions for grant of sanction ..... communicates the order of the governor to the state on 17-08-2024. the decision is, according sanction against the petitioner/chief minister under section 17a of the pc act and section 218 of the bnss. the petitioner challenges the said order before this court.4. heard dr. abhishek manu singhvi along with prof. ravi varma .....
Tag this Judgment!Court : Karnataka
..... of religion, race, place of birth, residence, language, caste, community or any other analogous grounds. clause (b) of sub-section (1) of section 153-aipc will apply only when an act is committed which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities and ..... of birth, residence, language, caste or community or any other ground whatsoever.18. the ingredients necessary for making out an offence under section 153-a(b) is the commission of any act which is prejudicial to the maintenance of harmony between different religious racial, language or regional groups or castes or communities, and which ..... no.5694 of 2024 petitioners were assaulted, but that is a separate crime which is being investigated into. however, the act of these petitioners in threatening the complainant or others would clearly attract section 153a of the ipc for the allegations that are made. he would, therefore, contend that it is a matter of .....
Tag this Judgment!Court : Karnataka
..... the offence. the deeming provision makes its imperative to join partnership firm as party being principal offender to the criminal proceedings under section 138 of the n.i. act read with section 141 of the act. here in the present case though the name of the firm has been reflected in the cause title showing petitioner as partner ..... p. no.9909/2017 and in addition would rely on the following judgments and submits as under; 14.1. he relies on expeditious trial of cases16 under sec. 138, ni act 1881 more particularly paragraph no.24 thereof which is reproduced hereunder for easy reference:24. the upshot of the above discussion leads us to the following conclusions:24 ..... that the partnership firm has not been made party in the complaint. the question whether such description, is substantial compliance of the requirements of section 138 read with section 141 of the act, is a matter to be analyzed by the trial court in the first instance. we do not intend to answer any other contention except to .....
Tag this Judgment!Court : Karnataka
..... the offence. the deeming provision makes its imperative to join partnership firm as party being principal offender to the criminal proceedings under section 138 of the n.i. act read with section 141 of the act. here in the present case though the name of the firm has been reflected in the cause title showing petitioner as partner ..... p. no.9909/2017 and in addition would rely on the following judgments and submits as under; 14.1. he relies on expeditious trial of cases16 under sec. 138, ni act 1881 more particularly paragraph no.24 thereof which is reproduced hereunder for easy reference:24. the upshot of the above discussion leads us to the following conclusions:24 ..... that the partnership firm has not been made party in the complaint. the question whether such description, is substantial compliance of the requirements of section 138 read with section 141 of the act, is a matter to be analyzed by the trial court in the first instance. we do not intend to answer any other contention except to .....
Tag this Judgment!Court : Karnataka Dharwad
..... mentioned therein. the trial court further holds that the petitioners herein have not taken defence as contemplated under clause (e) of the sub- section 2 of section 30 of the act. the trial court ought to have relied upon the said provision.9. the petitioners herein have specifically pleaded questioning the validity of the ..... high court with regard to rectification of trademark application, the trial court ought to have exercised its discretion in entertaining the application filed under section 124 of the act.14. per contra, counsel for the respondent would vehemently contend that the suit was filed for the relief of permanent injunction and in the ..... following point would arise for consideration of this court: i. whether the trial court has committed an error in dismissing the application filed under section 124 of the act filed praying stay of further proceedings in the suit?.18. having considered the material on record particularly the pleadings of plaintiff as well as defendants .....
Tag this Judgment!Court : Karnataka
..... question. they were also aware of the fact that the petitioner was serving in the indian army at the siachin glacier. in fact, while the police had filed the charge-sheet against jabbar singh for offence under section 25 of the act along with other offences, it cited the petitioner as a prosecution witness. therefore, the police ..... tractor-trolly for transporting poppy husk, it is clear that the prosecution could not bring its case, against the appellant, within the purview and scope of section 25 of ndps act, and the essential requirements to prove knowledge are missing. there is not even an iota of evidence that the appellant knew about the other two convicts ..... purpose the premises was taken for rent on the said date. therefore, it would be unjust to permit to be tried under section 25 of the act, on the score that section 35 of the act raises a presumption against the petitioner.10. in the light of unequivocal facts narrated hereinabove and the judgments rendered by the apex .....
Tag this Judgment!Court : Karnataka
..... been urged by way of this appeal arising out of slp, that the agreement to sell was void ab initio, in light of section 157-a, uttar pradesh zamindari abolition & land reforms act, 1950, whereby a person belonging to a scheduled caste cannot transfer property to any person not of a scheduled caste without prior permission of ..... deputy commissioner of income- tax cc25 ayakharbhavan m.k. road, mumbai. and its ita no.3071 and 3072/2015 mumbai for the offence punishable under section 135 (c) of it act. vi. commercial appeal no.60 of 2024 in high court of karnataka. 15 vii. income tax appellate tribunal has registered the case against rupen patel ..... alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. thus, cheating is an essential ingredient for an act to constitute an offence under section 420 ipc.37. the following observation made by this court in uma shankar gopalika v. state of bihar [uma shankar gopalika v. state of bihar .....
Tag this Judgment!Court : Karnataka
..... gujarat prevention of anti-social activities act, 1985 in the case of sk. salim v. state of west bengal, alla china apparao v. state ..... . the meaning of the word forthwith as used in section 102(3) has not received judicial construction by this court. however, this court has examined the scope and contours of this expression as it was used under the maintenance of internal security act, 1971; preventive detention act, 1950; section 157(1) of the cr. p.c.; and ..... police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (3) every police officer acting under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and where the property seized is such 25 that it cannot be conveniently transported to the .....
Tag this Judgment!Court : Karnataka
..... child, if any part of that child has been brought forth, though the child may not have breathed or been completely born. 16 section 299 of the ipc directs whoever causes death by an act with the intention of causing death would commit an offence of culpable homicide. the officer-in-charge of the police station appears to have ..... and lead to culpability. if the person does not even intend to cause harm, but an act has resulted in causing death, culpability is absent. therefore, the section which deals with causing death by negligence ought to have been invoked and not section 304 of the ipc.11. the petitioners are all members of the association. not for nothing ..... amount to murder. for an offence to become punishable under section 304 of the ipc, it is necessary that it has ingredients of section 299 of the ipc. section 299 of the ipc defines culpable homicide. it reads as follows:15. 299. culpable homicide. whoever causes death by doing an act with the intention of causing death, or with the .....
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