Court : Karnataka
..... this in no manner would bring about any ingredients of what would mean domestic violence as found in section 3 of the act. section 3 of the act reads as follows: 3. definition of domestic violence. for the purposes of this act, any act, omission or commission or conduct of the respondent shall constitute domestic violence in case it (a) ..... the respondent would project a threshold bar. it is his submission that the criminal petition is not maintainable. as appeal should be preferred as obtaining under section 29 of the act and that would be a statutory, efficacious and alternative remedy. invoking jurisdiction of this court is, on the face of it, erroneous is the ..... and the in-laws or the family members have meted out torture upon the wife, the respondent/wife invoked the jurisdiction of the learned magistrate under section 12 of the act seeking several reliefs, the protection order for residence and maintenance from the hands of the husband. these petitioners are arrayed as respondents 2, 3 .....
Tag this Judgment!Court : Karnataka
..... to send copy of this orders to plaintiff and defendant to their email id as required under order xx rule 1 of the civil procedure code as amended under section 16 of the commercial courts act. accordingly, i.a.no.iii is disposed of as per the above orders.5. aggrieved by the same, the plaintiff therein has preferred this writ ..... immovable property per se may not be a commercial dispute, that but it becomes a commercial dispute, if it falls under sub-clause (vii) of section 2(1) (c) of the commercial courts act, viz., "the agreements relating to immovable property used exclusively in trade or commerce", that the words "used exclusively in trade or commerce are to be ..... , given the facts and circumstances of the case can it be considered that the dispute between the parties as a commercial dispute as per section 2(1)(c)(vii) of the commercial courts act, 2015.9. a dispute arising out of agreements relating to immovable property used exclusively in trade or commerce will have to be considered as .....
Tag this Judgment!Court : Karnataka
..... this writ petition.2. the petitioner filed i.a.nos.4 to 6 before the commercial court under section 151 of the code of civil procedure, 1908 (cpc) read with order xi rule 1(5) of the commercial courts act, 2015 (for short 'the act') for - 3 - nc:2024. khc:21918 wp no.14983 of 2024 recalling of pw-1, ..... pay the agreed consideration and hence, the commercial suit came to be filed. it is submitted that along with the plaint, the suit document as contemplated under the commercial courts act, 2015 has been produced by the plaintiff / petitioner herein. however, in the cross- examination, the defendant / respondent herein had put questions denying the earlier transactions that the ..... sufficient cause is made out by the petitioner for allowing the applications. aggrieved by the same, the present writ petition is filed.4. order xi rule 1(1) of the act reads as under:- 1. disclosure and discovery of documents.-(1) plaintiff shall file a list of all documents and - 5 - nc:2024. khc:21918 wp no.14983 .....
Tag this Judgment!Court : Karnataka
..... 21 - employees and the employer. it is not appropriate to construe those contracts as opposed to the principles of public policy and thus void and illegal under section 23 of the contract act. in contractual matters even in respect of public bodies, the principles of judicial review have got limited application. ... (para31) 7.2.2 it was further ..... justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022 ..... , bengaluru 560 052. ... appellants (by sri h. mohan kumar, advocate) and:1. . m/s. bbp studio virtual bharath pvt. ltd. a company registered under companies act, 1956 studio virtual bharat101102 pooja, 7th road, golibar santa cruz east mumbai - 400 055. 2 . state of karnataka represented by additional chief secretary ministry of commerce and industry .....
Tag this Judgment!Court : Karnataka
..... 21 - employees and the employer. it is not appropriate to construe those contracts as opposed to the principles of public policy and thus void and illegal under section 23 of the contract act. in contractual matters even in respect of public bodies, the principles of judicial review have got limited application. ... (para31) 7.2.2 it was further ..... justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022 ..... , bengaluru 560 052. ... appellants (by sri h. mohan kumar, advocate) and:1. . m/s. bbp studio virtual bharath pvt. ltd. a company registered under companies act, 1956 studio virtual bharat101102 pooja, 7th road, golibar santa cruz east mumbai - 400 055. 2 . state of karnataka represented by additional chief secretary ministry of commerce and industry .....
Tag this Judgment!Court : Karnataka
..... 21 - employees and the employer. it is not appropriate to construe those contracts as opposed to the principles of public policy and thus void and illegal under section 23 of the contract act. in contractual matters even in respect of public bodies, the principles of judicial review have got limited application. ... (para31) 7.2.2 it was further ..... justice delivered the following: - 6 - c.c.c no.495/2023 c/w w.a nos.1095/2023 & 1266/2023 judgment preferred under section 4 of the karnataka high court act, 1961, the two appeals arise from the judgment and order dated 25.01.2023 passed by learned single judge in writ petition no.21308 of 2022 ..... , bengaluru 560 052. ... appellants (by sri h. mohan kumar, advocate) and:1. . m/s. bbp studio virtual bharath pvt. ltd. a company registered under companies act, 1956 studio virtual bharat101102 pooja, 7th road, golibar santa cruz east mumbai - 400 055. 2 . state of karnataka represented by additional chief secretary ministry of commerce and industry .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka Dharwad
..... mukund dewangan s case (supra), the hon ble apex court after considering its previous judgments as well as interpreting the provisions of motor vehicles act held as under: 46. section 10 of the act requires a driver to hold a licence with respect to the class of vehicles and not with respect to the type of vehicles. in one ..... person authorized to drive light motor vehicle can drive construction equipment vehicle. there is no reference regarding licence required to drive the construction equipment vehicle in section 10 of the motor vehicles act, 1988 and hence it can be concluded that though it may be different class of vehicle, but falls under category of light motor vehicle.51. ..... used unless a third party insurance is in force. to use the vehicle without the requisite third party insurance being in force is a penal offence (section 94 of the motor vehicles act). the legislature was also faced with another problem. the insurance policy might - 28 - nc:2024. khc-d:7234-db mfa no.102474 of 2017 .....
Tag this Judgment!Court : Karnataka
..... of caste certificate and not cancellation of a caste certificate on the directions of the committee. admittedly, the tahsildar has not passed any order under section 4a of the act, as section 4a supra empowers the tahsildar to issue caste certificate or caste and income certificate as the case would be. appeal to the assistant commissioner would lie ..... after giving to both the parties an opportunity of being heard pass such order in appeal as it deems fit. in exercise of the powers conferred under section 13(1) of the act, government has notified the rules. rule 2 deals with definitions. sub-rule (4) of rule 2 defines caste verification committee meaning a committee constituted under ..... not be given effect to. [see chief justice of a.p. v. l.v.a. dixitulu [(1979) 2 scc34:1979. scc (l&s) 99 : air1979sc193 and md, army welfare housing organisation v. sumangal services (p) ltd. [(2004) 9 scc619 ]. (emphasis supplied) 2 (2007)2 scc35523 the apex court holds that any order passed by a court .....
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