Court : Karnataka Dharwad
..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should ..... advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of ..... no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its .....
Tag this Judgment!Court : Karnataka Dharwad
..... favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should ..... advocate for sri rakesh b.bhatt, advocate, advocate for r2) this writ appeal is filed under articles226and227of the constitution of india and section4of the karnataka high court act, 1963 praying to pass a judgment and order, a) setting aside the impugned judgment and order dated06h of july, 2023 of the learned single bench of ..... no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its .....
Tag this Judgment!Court : Karnataka
..... cannot be said the appellants have committed any such atrocities against the complainant on the ground that he is a member of the scheduled caste. hence, section 18 or 18a of the said act, will not come in the way of considering the prayer of the appellants, seeking pre-arrest bail.16. in hitesh verma v. state of uttarkhand reported in (2020 ..... . the respondent no.2/complainant has filed statement of objections. he would contend that the appellants are very well aware of his caste and under section 8(c) of the sc/st (poa) act, if the accused is having personal knowledge of the victim or his family, the court shall presume that the accused was aware of the caste or tribal identity ..... by respondent no.2 he has alleged that the appellants/accused nos.1 and 2 have committed offences under section 504, 506, 153(a), 109, 500, 501 and 120b r/w section 34 of ipc and section 3(i)(x) of sc/st (poa) act.-. 7 - nc:2024. khc:11773 crl.a no.390 of 2024 8. it is averred in the complaint that .....
Tag this Judgment!Court : Karnataka
..... time would also become an "employee" of a co-operative society in that given period. the said definition has no impact on section 34 of the act of 1959. section 34 of the act of 1959 provides for an agreement by a member of a co-operative society who is employed anywhere to enter into an agreement with ..... this petition directs the salary drawing officer not to honour the obligations arising under section 34 of the act of 1959. the 3rd respondent has no such power. however, the first proviso which was inserted in 2013, has conferred discretion on the employer to ..... on the parties to an agreement, those rights, and obligations can be enforced and extinguished only in the manner recognised under the law. as already noticed, section 34 of the act of 1959, creates the rights and obligations if certain conditions enumerated therein are fulfilled. however, 3rd - 13 - respondent employer by executive order impugned in .....
Tag this Judgment!Court : Supreme Court of India
..... of self-creation. (iii) a mere reasonable apprehension is enough to put the right of self-defence into operation. in other words, it is not necessary that 10 section 105 indian evidence act 1872 11 (2008) 16 scc3312 (2004) 2 scc20313 (1971) 3 scc24414 (2010) 2 scc33315 (2019) 15 scc1178|criminal appeal 270 and 271 of 2019 there should ..... all the aforesaid reasons, it cannot be said that the prosecution had succeeded in establishing its case against the two accused persons beyond reasonable doubt warranting a conviction under section 302 ipc.43. we further examine the role of the i.o. the investigation officer of a case is the charioteer tasked with using the resources and personnel ..... hospital at 10 p.m. the wound certificate was issued by dr. pon shanthi, who had not been examined in the instant proceedings.45. for the charges under section 307 ipc, the learned trial court also considered the evidence of pws 1, 2, and 3. we have considered the evidence of these three witnesses in detail and .....
Tag this Judgment!Court : Supreme Court of India
..... an interim order passed by the high court of gujarat2 in a writ petition filed by the respondent seeking a direction for protection from arrest under section 69 read with section 132 of the gst act. the high court is still examining the writ petition, but by the interim order impugned herein, it criticised the prolonged stay of the search ..... , and in such proceedings the statutory functionary is equally entitled to take a defense of good faith. it is for the court to adjudicate and decide. 5 see, for example, army headquarters (supra), paras 76-78. 512. in view of the above, we expunge paragraph 28 and dispose of the appeal. .. .j.[pamidighantam sri narasimha]. . .j.[aravind kumar]. ..... whether it is done negligently or not; 4 see goondla venkateswarlu v. state of ap, (2008) 9 scc613 paras 22 and 23; army headquarters v. cbi (2012) 6 scc228 paras 69-78. 4 whether the act is done in good faith or not would depend upon the facts and circumstances of each case.510. it is in the above referred .....
Tag this Judgment!Court : Supreme Court of India
..... 10.2 there was no provision to regularize such workers under the ncwa-iv. the only provision under which regularization could be claimed would be section 25f of the industrial disputes 7 act, but the said provision applies only to workers who worked under the direct supervision of the company for a certain period and wrongfully stopped ..... .2002 is bad in law. it argues that the settlement was binding on the parties due to section 18(1) read with section 36, industrial disputes act and it continues to be so by virtue of section 19(2) of the act, since the settlement was never terminated. 10.1 the settlement was reached after verification of the nature ..... view of the fact that the settlement is confined to only 19 workmen, the central government referred the entire dispute to the industrial tribunal under section 10 (2a)(1)(d) of the industrial disputes act, 1947, on 20.05.1997 registered as dispute case no.27/2001 before the industrial tribunal, rourkela, odisha. before the tribunal, the .....
Tag this Judgment!Court : Supreme Court of India
..... both to themselves and their characters. 16 57. thus, we are clearly of the opinion that the contemners are guilty of criminal contempt as defined under section 2(c) of the act. conclusion23 it can thus be seen that the facts in the case of skipper construction (supra) are totally different from the facts of the present case.24 ..... noted that after being summoned in the regular civil suit i.e. rcs no.645 of 2014, the appellant has filed an application under section 11 read with order xiv rule 2 and section 151 of the cpc for framing preliminary issues of limitation and res judicata. the said application was heavily contested by the respondents. after hearing ..... by one of them i.e., the present appellant.8. shri nachiket anil dave further submitted that the appellant had also filed an application under section 11 read with order xiv rule 2 and section 151 of the code of civil procedure, 1908 (hereinafter referred to as cpc ) for framing preliminary issues of limitation and res judicata in the .....
Tag this Judgment!Court : Karnataka
..... 2 scc (cri) 186]. wherein the following observations were made (s.b. sinha, j.at scc p. 85, para 12): 12. negotiable instruments act is a special act. section 147 of the act provides for a non obstante clause, stating: 147. offences to be compoundable. notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974 ..... resolve their dispute. furthermore, the written submissions filed on behalf of the learned attorney general have stressed on the fact that unlike section 320 crpc, section 147 of the negotiable instruments act provides no explicit guidance as to what stage compounding can or cannot be done and whether compounding can be done at the ..... or coercion among other grounds, then the matter can be litigated through the specified forums.20. it may be noted here that section 143 of the act makes an offence under section 138 triable by a judicial magistrate, first class (jmfc). after trial, the progression of further legal proceedings would depend on whether there .....
Tag this Judgment!Court : Karnataka Dharwad
..... , which was ridden by the deceased suresh was less than 100cc capacity and riding the said motorcycle without dl with pillion rider is contrary to section 140(3) of the motor vehicles act, 1988. hence, he seeks to allow the appeals filed by the insurance company by holding that the deceased was negligent in riding the motorcycle ..... to the motorcycle.11. learned counsel smt. sunanda patil would further submit that after investigation, the police filed charge sheet against the deceased suresh under sections 3 and 181 of the mv act and not under sections 279, 338 and 304a of ipc. the driver of the offending jeep was charge sheeted for the offence punishable under ..... it is evident that the charge sheet is filed against the deceased rider for the offence punishable under sections 3 and 181 of the mv act, however, charge sheet is filed against the driver of mahindra jeep for the offence punishable under sections 279, 338 and 304a of ipc, which further makes it clear that the driver of the offending .....
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