Court : Karnataka
..... said letter, kpcl, also, requested the government of india to issue a 7 notification under section 3(3)(a)(iii)(4) of the coal mines (nationalisation)act, 1973, specifying the end-use as supply of coal exclusively to kpcl. a notification to that effect was published in the gazette on july 16, 2004 by the government of india.5. ..... years 1993 and 2011. the apex court considered the provisions of the coal mines (nationalisation) act, 1973, and found that 9 allotment of coal blocks to state governments or state public sector undertakings to mine coal for commercial use was not permissible. the apex court, also, found that coal could not be extracted through joint venture companies in order to be sold ..... to it. it is, further, pertinent to note that under section 3(3)(a)(iii) of the coal mines (nationalisation) act, 1973, kecml would not be entitled to an allotment of a coal mine, as it is not a company engaged in any of the activities specified in the said section. kecml did not have an end-use .....
Tag this Judgment!Court : Karnataka
..... the said letter, kpcl, also, requested the government of india to issue a notification under section 3(3)(a)(iii)(4) of the coal mines (nationalisation)act, 1973, specifying the end-use as supply of coal exclusively to kpcl. a notification to that effect was published in the gazette on july 16, 2004 by the government of india. 5. ..... years 1993 and 2011. the apex court considered the provisions of the coal mines (nationalisation) act, 1973, and found that allotment of coal blocks to state governments or state public sector undertakings to mine coal for commercial use was not permissible. the apex court, also, found that coal could not be extracted through joint venture companies in order to be sold ..... to it. it is, further, pertinent to note that under section 3(3)(a)(iii) of the coal mines (nationalisation) act, 1973, kecml would not be entitled to an allotment of a coal mine, as it is not a company engaged in any of the activities specified in the said section. kecml did not have an end- .....
Tag this Judgment!Court : Karnataka
..... hit below the belt that is the conscience of the matter. (emphasis supplied) the apex court holds that natural justice is no unruly horse, no lurking land mine nor a judicial cure-all. it cannot be stretched to an unnatural extent. if the submission of the learned senior counsel for the petitoner is accepted, it would ..... sanction for prosecution of shri siddaramaiah, hon ble chief minister of karnataka for commission of offences under sections 7, 9, 11, 12 and 15 of the prevention of corruption act, 1988 ( pc act ) ad sections 59, 61, 62, 201, 227, 228, 229, 239, 314 316(5), 318(1), 318(2), 318(3), 319, 322, 324, 324(1), ..... 163(1). 155.2. secondly, under article 163(1) the discretionary power of the governor extends to situations, wherein a constitutional provision expressly requires the governor to act in his own discretion. 155.3. thirdly, the governor can additionally discharge functions in his own discretion, where such intent emerges from a legitimate interpretation of the provision .....
Tag this Judgment!Court : Karnataka
..... anvil of the fact which must be established by the prosecution viz. meeting of minds of two or more persons for doing or causing to be done an illegal act or an act by illegal means.83. the aforesaid ingredients have been spoken to by the witnesses examined by the prosecution. therefore, it can be very well stated that there was ..... of criminal conspiracy are: (i) an agreement between two or more persons; (ii) an agreement must relate to doing or causing to be done either (a) an illegal act; (b) an act which is not illegal in itself but is done by illegal means. condition precedent for holding the accused persons to be guilty of a charge of criminal conspiracy must ..... of investigation, reported in (2009) 15 scc643 that, criminal conspiracy involves meeting of minds of two or more persons for doing or causing to be done an illegal act or an act which may not be illegal but by illegal means. the hon ble apex court says, an offence takes place that the meeting of minds takes place even if nothing .....
Tag this Judgment!Court : Karnataka
..... s/o late narayana udupa, aged about61years, pilathabettu village, bantwala taluk, post:punjalakatte-574233, d.k. district, (reg. under karnataka co-operative society act, 1959) senior citizen benefit not claimed. ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary ..... keshava gowda karmaje, s/o krishnappa gowda, aged about60years, chokkady, sullia taluk, post: kukkujadka-574212, dk district, reg. under karnataka co-op. society act, 1959, (senior citizen benefit not claimed) ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary ..... president ramakrishna rai s/o manjunatha rai, aged about54years, yedamangala , kadaba taluk, post: yedamangala - 574221, d k district, reg. under karnataka co-operative society act. ...petitioner (by sri a. keshava bhat, advocate) and:1. the state of karnataka, represented by its secretary, department of parliamentary affairs and legislation, vidhana .....
Tag this Judgment!Court : Karnataka
..... 465, 466, 468, 469, 471, 506, 511, 120b r/w section 34 of the indian penal code and under section 13 of the prevention of corruption act, 1988 ( the act for short) and issues summons to the petitioners.2. heard sri c. v. nagesh, learned senior counsel appearing for the petitioners and sri murthy d. naik, ..... ostensibly done at a jiffy. the anti-corruption bureau which performs a very significant role in checking corruption amongst public servants cannot indulge itself in such casual act of drawing up the source information report on the instant, registering the fir and conducting the search. the entire narration of allegation which would become criminal ..... follows: 30. the object of sanction for prosecution, whether under section 197 of the code of criminal procedure, or under section 170 of the karnataka police act, is to protect a public servant/police officer discharging official duties and functions from harassment by initiation of frivolous retaliatory criminal proceedings. as held by a .....
Tag this Judgment!Court : Karnataka
..... respondent no.1 argued that ex.p8 is an extract of school admission register which is a public document within the meaning of section 74 of the indian evidence act ( evidence act for short). in this view production of its extract suffices the requirement of proof as public document need not be produced before the court. pw5 - 7 - ..... evidence of a private document can be produced, and it also states that secondary evidence of a public document can be produced. section 63 of the evidence act gives the inclusive meaning of secondary evidence.12. the reason why production of certified copy of a public document suffices the situation is quite obvious. it is ..... under sub-section (2) is not correct. that means the order of special court attains finality.10. there are judicial pronouncements holding that the provisions of jj act may be followed by the special court for determination of age. in p. yuvaprakash vs. state represented by inspector of police1 the hon ble supreme court by referring .....
Tag this Judgment!Court : Karnataka Dharwad
..... /-. in default of castes and payment of fine amount, the accused shall undergo scheduled tribes rigorous imprisonment for (prevention of further period of five years. atrocities) act, 1989.61. the ccl was also tried by the trial court for the alleged offence under section 3(2)(v) of the schedule caste and schedule tribes ..... . they ultimately formed an opinion that after comprehensive psychologist assessment, there is nothing to suggest that the above person is psychological incapable to perform the sexual act. this report makes it clear that, ccl is mentally able having physical capacity to commit the alleged offences and also ability to understand the consequences of offences ..... undergo life imprisonment and shall pay fine of rs.5,000/- for the offence punishable under section 3(2) (v) of sc/st (prevention of atrocities) act, 1989. in default of payment of fine amount, the accused shall undergo rigorous imprisonment for further period of five years.7. being aggrieved and dissatisfied by the .....
Tag this Judgment!Court : Karnataka
..... taking recourse to two enactments viz., the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. the moment ban is clamped upon ..... petitioners being run under the name and style. in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. nandana palace, bengaluru 560 084. ... petitioner ( ..... btm layout, bengaluru 560 095 represented by its director mr. bharath sathish5. m/s. eat repeat india pvt. ltd., company incorporated under companies act running a hotel under the name macaw by stories situated at ward no.191 terrace floor, no.2224, 2225 aecs layout, singasandra10hosur main road bengaluru .....
Tag this Judgment!Court : Karnataka
..... taking recourse to two enactments viz., the cigarettes and other tobacco products (prohibition of advertisement and regulation of trade and commerce, production, supply and distribution) act, 2003 (hereinafter referred to as cotpa for short) and the karnataka poisons (possession and sale) 28 rules, 2015. the moment ban is clamped upon ..... petitioners being run under the name and style. in writ petition no.7427 of2024between: shisha cafes and restaurant s association an association registered under the societies registration act, 1960 represented by its president mohammed danish having office at: no.27, kammanahalli main road, opp. nandana palace, bengaluru 560 084. ... petitioner ( ..... btm layout, bengaluru 560 095 represented by its director mr. bharath sathish5. m/s. eat repeat india pvt. ltd., company incorporated under companies act running a hotel under the name macaw by stories situated at ward no.191 terrace floor, no.2224, 2225 aecs layout, singasandra10hosur main road bengaluru .....
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