Court : Karnataka
Decided on : May-30-2023
..... in the said letter. it is further stated that, before embarking on the task assigned to it in regard to the state of karnataka, the commission had a preliminary round of talks with the chief minister of the state. during the course of said task, the chief minister detailed before the commission the grounds, on the basis ..... karnataka at bangalore and never expressed regrets for having come over to bangalore, which is the garden city.11. it is further stated that it appears in the year 1973- 74, section of advocates at dharwad started agitation for establishment of a permanent bench at permanent bench at dharwad. however, the same was not conceded either by ..... '. though in the meantime, the high court of mysore/karnataka rules 1959 came into effect which provided chapter-ii rule 1 (a) for the principal bench at bangalore, which was in terms of section 49(2) of the s.r. act, 1956 and as the said rules were framed under article 225 of the constitution r/w section 54 ..... bench of the high court at a place away from principal seat, in the last 30 years, on nine occasions, the said question has been considered i.e., on 20.05.1969, 24.08.1973, 25.03.1975, 29.10.1979, 17.07.1990, 01.04.1991, 30.10.1991, 12.08.1993 and 29.11.1994. except ..... 72 for once, i.e., on 29.10.1979, on all other occasions, the representations for creating the bench of the high court at a place away of .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-19-2023
..... activities of bootleggers, drug offenders, gamblers, goonda (immoral traffic offenders or slum grabber or video or audio pirate) act, 1985 (annexure-d) in the interest of justice and equity. this writ petition, coming on for preliminary hearing in 'b' group, this day, the court made the following: order the present writ petition is ..... labourer engaged in the house construction proved that it was the levy cement issued to the detenu which was being diverted at his instance. before closing this chapter it may be re- stated that the sufficiency of the materials available to - 18 - nc:2023. khc-d:7555 wp no.103178 of 2023 ..... order has to be considered as invalid. consequently the detenue is entitled to be released forthwith.39. further, as is contemplated under section 8(1) of the act, the detenu has to utilize his right of representation at the earliest opportunity. if the detenue utilizes his right in filing such representation, the ..... the court as to when the petitioner was discharged, we must proceed on the assumption that he must have been discharged on or about september 10, 1973. the order of detention must have been made by the district magistrate in anticipation of the discharge of the petitioner and the discharge of the petitioner ..... in air1972sc2262it is held as under:2. the arrest of the detenus in each of these five cases was made on 13-4-71, 2-1-71, 30-1-71, 27- 2-71 and 17-4-71 respectively while the order of confirmation of the opinion of the board that there was sufficient .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-08-2023
..... referred to as the rules for short) was also promulgated on 20-02-1973. chapter-ii of the act deals with constitution of council of architecture. section 3 thereof, reads as follows: 3. constitution of council of architecture. (1) the central government shall, by notification in the official gazette, constitute, with effect from such date as may be specified in the notification, a council ..... business to be brought before the meeting.4. a member who wishes to move an amendment to any item included in the complete agenda paper, but not included in the preliminary agenda paper shall give notice thereof to the secretary not less than 3 clear days before the date fixed for the meeting.5. the secretary shall, if time permits, cause ..... reached him and the names of the movers.2. a member who wishes to move any motion not included in the preliminary agenda or an amendment to any item so included shall give notice thereof to the secretary not less than 20 clear days before the date fixed for the meeting.3 ..... by the inspectors appointed under the regulations. regulations 8, 12, 22, 26 and 29 read as follows: 8. business agenda for meetings of council. 1. the secretary shall issue with the notice of the meeting a preliminary agenda showing the business to be brought before the meeting, the terms of all motions to be moved of which notice in writing has previously .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... of the code. in none of these stages the code has provided for hearing the summoned accused, for obvious reasons because this is only a preliminary stage and the stage of hearing of the accused would only arise at a subsequent stage provided for in the latter provision in the code. ..... police officer or the police officer by whom the investigation shall be conducted. considering the mandatory requirement of section 155(1) and (2) of cr. p.c., and rule 1 and 2 of chapter v of the karnataka criminal rules of practice, this court proceed to laid down the following guidelines for the ..... follows: 3. the petitioner has stated that the complaint is misconceived, and the alleged offence is non-cognizable as per the code of criminal procedure, 1973. therefore, the police have no authority to investigate the crime. it is further submitted that the police have not complied with mandatory requirement of section ..... offence under section 506 of the ipc or any other non-cognizable offences and as a matter of fact several offences under the karnataka police act which the police themselves seek to register, all go away to the winds for the sole reason of the learned magistrates not applying their minds ..... 9/2019 and sho submitted a requisition to iv additional jmfc, athani, seeking permission to investigate the offence under section 87 of the k.p. act which is a non-cognizable offence. it is seen that the learned jurisdictional magistrate has made an endorsement on the requisition which reads as follows: .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-21-2023
..... states, inter alia, that all persons shall be equal before the courts and tribunals.41. having regard to the foregoing, we overrule the preliminary objection. we however hasten to add that we should not be understood to be laying down that the state should be unmindful of the national ..... sought to draw support from the judgment of this court 75 in nagpur improvement trust v. vithal rao [nagpur improvement trust v. vithal rao, (1973) 1 scc500 . he reiterated the principle of hostile discrimination. the learned counsel drew our attention to the definition of the word allottee in rera. it ..... apex court in the case of shayara bano (supra) has held as follows: 87. the thread of reasonableness runs through the entire fundamental rights chapter. what is manifestly arbitrary is obviously unreasonable and being contrary to the rule of law, would violate article 14. further, there is an apparent ..... any person aggrieved by the order of the competent authority to prefer an appeal before the appellate tribunal. this is the broad frame work of the act i.e., section 37a. whether the said provision is unconstitutional, for it suffering from manifest arbitrariness and unreasonableness as alleged, is what is to be ..... placed. no intellectual property rights were received. based upon the impugned seizure, seizure order was passed on 29th april 2022 invoking section 37a(1) of the act.9. the petitioner files a petition before this court calling in question an order of seizure / freezing dated 29-04-2022. this .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-06-2023
..... the s.h.o gandhinagar police station ballari on 15/07/2021, however the s.h.o, gandhinagar police station did not conduct any preliminary enquiry or register a case against the accused persons though the accused persons have committed the above said offences and such being the fact the ..... cases. the relevant part thereof reads as under: 102. in the backdrop of the interpretation of the various relevant provisions of the code under chapter xiv and of the principles of law enunciated by this court in a series of decisions relating to the exercise of the extraordinary power under ..... contractual relationship with specific customers, if jipl feels they can be served better. further, in such a situation, the dealer, if jipl agrees, can act as an intermediary. assuming the bill/invoice had wrongly recorded respondent 2 complainant as the buyer, it is not doubted that manav rachna international was the ..... this hon'ble court be pleased to refer the above case for investigation under section 156(3) of the code of criminal procedure, 1973 for offences committed by the accused no.1 to 8 under section 420, 465, 468, 471, 406, read with section 120-b, 114, 182. 191 and 192 of ..... persons and have assisted the accused persons in achieving and accomplishing their ill-motives. the police authorities have shirked from their duty and responsibility to act upon the complainant lodged by complaint within the framework of law. having no other means and aggrieved by the same, the complainant is approaching .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-17-2023
..... based upon the grounds as urged in the appeal. as provided under section 260a(4) of the i.t. act, the procedure at the stage of admission, it is not necessary that there should be a preliminary hearing for admission as was the practice under the reference procedure earlier though such a practice is not ..... in nature. a decision given in assessment proceedings cannot possibly bind the authority. the tribunal keeping in view the provisions of section 271(1)(c) of the i.t. act has considered the evidence in terms of materials. in the instant appeal, the itat has given a finding on facts and the intervention ..... and therefore there was an eminent need for rationalization of the same. accordingly, the parliament vide finance (2) act, 1998 inserted inter alia sections 260a and 260b in chapter xx of the 1961 act to provide for an appeal against the orders of tribunal directly to the high court, within whose jurisdiction, office ..... on in the case of the assessee at no.6/4, ennoble house, raghavachari road, ballari along with other group concerns of m/s. obulapuram mining co. pvt. ltd., and shri gali janardhan reddy ballari on 26.10.2007. however, the assessment order indicates the adoption of bank balances and ..... of the case, it is also relevant to refer section 300 of the code of criminal procedure, 1973, which reads as under: 300. person once convicted or acquitted not to be tried for same offence. (1) a person who has once been tried by a court of competent jurisdiction for an offense and .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and written arguments which reads as under: preliminary:47. 1. the two appeals arise out of a common judgment and decree dated 21.04.2012 whereby two suits for specific performance were decreed. rfa no ..... of sale of portions of the very same property from a single owner, having 40 single khatha thus also violating the provisions of chapter xxxc of the income tax act, 1961 (as it then was) whereby the said alleged agreements of sale suffer from the vice of 'opposed to public policy' ..... could not be evicted. the construction found on the suit properties is also very old even according to defendant. 10861. section 20 of specific relief act confers discretionary power on the court either to grant or to reject specific performance. however, it is settled principles of law and requires no emphasis ..... to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. ..... there is merely an attestation by a notary public on 13th december, 1973. there is no authentication at all. so, sec. 85 of the evidence act does not apply to raise any presumption in favour of this power of attorney. iv.1. from a reading of the said rulings, it is clear that in .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-03-2023
..... the suit of the plaintiffs.24. in support of his arguments also, he has filed written synopsis and written arguments which reads as under: preliminary:47. 1. the two appeals arise out of a common judgment and decree dated 21.04.2012 whereby two suits for specific performance were decreed. rfa no ..... of sale of portions of the very same property from a single owner, having 40 single khatha thus also violating the provisions of chapter xxxc of the income tax act, 1961 (as it then was) whereby the said alleged agreements of sale suffer from the vice of 'opposed to public policy' ..... could not be evicted. the construction found on the suit properties is also very old even according to defendant. 10861. section 20 of specific relief act confers discretionary power on the court either to grant or to reject specific performance. however, it is settled principles of law and requires no emphasis ..... to be exercised on sound, reasonable, rational and acceptable principles. the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts and circumstances of each case. ..... there is merely an attestation by a notary public on 13th december, 1973. there is no authentication at all. so, sec. 85 of the evidence act does not apply to raise any presumption in favour of this power of attorney. iv.1. from a reading of the said rulings, it is clear that in .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-16-2023
..... recording of reasons for so doing, nor is the special judge required to furnish a copy to the accused. there is no provision for recording a preliminary statement of the person.12. there can be no doubt that the section is enabling and its terms are wide enough to enable the special judge to ..... to the statutory provisions on the subject of the tender of pardon. the topic of tender of pardon to an accomplice is treated in the twenty-fourth chapter of the code as part of the general provisions as to inquiries and trials. sections 337 to 339 and 339-a contain all the provisions which ..... by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief ..... ) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952 (46 of 1952); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. 9 (3) every magistrate ..... whether as principal or abettor, in the commission thereof and any pardon so tendered, shall for the purposes of 12 sub-sections (1) to (5) of sec.308 of the code of criminal procedure, 1973 (2 of 1974), be deemed to have been tendered under sec.307 of that code.30. therefore, there is no bar .....
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