Court : Karnataka Dharwad
..... a reading of sub-section (2) of section 4-a of the act 1990 would demonstrate that it is only the person, who has obtained the caste certificate under section 4-a or 4-b of the act 1990 or the appointing authority or any authority making admission to a course of study in university or any educational institution alone are entitled to make the application to the verification committee, seeking authentication of the caste ..... by the petitioner cannot be granted as no powers of cancellation are vested with the tahsildar under the provisions of sub-section (2) of section 4-b of the act 1990 and it is the appellate authority, who alone can either confirm the grant of certificate or set aside the ..... referred the appeal to the district caste verification committee, which in the considered opinion of this court is contrary to the provisions of sub- section (2) of section 4-c of the act 1990, which limits the class of people who may refer a certificate for verification to the committee. ..... this court as to whether the 1st respondent held an enquiry as prescribed by sub-section (3) of section 4-a of the act 1990 or whether he has followed the prescribed procedure as mandated by sub-section (4) of section 4-a of the act 1990 while issuing the caste certificate dated 19.08.2014.16. ..... of the court to the observation of the hon ble apex court with regard to the definition of an aggrieved person as stated in the aforesaid citation itself. ..... the bounds of a rigid, exact and comprehensive definition. .....
Tag this Judgment!Court : Karnataka Dharwad
..... as far as the transfer order is concerned, admittedly the petitioner had completed tenure of three years on the post of assistant director, akshara dasoha program, at raibagh, chikkodi educational district, therefore, he was due to the transfer for other place where he was repatriated, which is the parent cadre of the petitioner. ..... he submitted that since the petitioner had completed more than three years of service on the post of assistant director, akshara dasoha program, at raibagh, chikkodi educational district, therefore, it was considered appropriate to transfer him by the impugned order. ..... vide order dated 26.12.2016, ii) he was left with less than two years of service as he was due to retire in june 2018, iii) there was no counseling procedure adopted in this present case, though it was so required as per section 4 of karnataka sate civil services (regulation of transfer of teachers) act, 2007. ..... since he had completed tenure of three years on that post, he was transferred by the impugned transfer order at annexure- a7, dated 26.12.2016 from the said post to the government high school, kankanawadi, raibag taluk, chikkodi educational district as head master. 3. ..... he was working as assistant director, akshara dasoha program at raibagh, chikkodi educational district from 31.08.2012. .....
Tag this Judgment!Court : Karnataka Dharwad
..... hence, it was intended to modify and amplify certain definitions of new types of vehicles for simplification of procedure for grant of driving licences as provided in para 4(a) and (b) of the statement of objects and reasons .. ..... to make to clear, it is necessary to have extracted the definitions of transport vehicle , goods carriage , heavy goods vehicle , medium goods vehicle and light motor vehicle ..... whether even after amendment to section 10 (2) of the motor vehicles act 1988, the endorsement on the driving licence, ex.p8, authorizing the driver to drive transport vehicle can be construed as authorization to drive a transport vehicle other than heavy goods vehicle?. ..... therefore, having a look at these definitions what becomes further clear is that a transport vehicle includes a goods ..... means a public service vehicle, a goods carriage, an educational institution bus or a private service vehicle. ..... an amendment was brought to section 10 of the motor vehicles act with effect from 14.11.1994 ..... according to section 30 of workmen s compensation act (now employees compensation act), an appeal to the high court lies only on a substantial question of ..... (4) scc298 has referred to the statement of objects and reasons for bringing amendment to act of 1988 in relation to section 10 of the motor vehicles act. ..... argument is that according to section 143, the provisions of the act pertaining to applicability of the policy can be urged even in a case arising under the workmen s compensation act.11. .....
Tag this Judgment!Court : Karnataka Dharwad
..... perused, it is clearly seen that there is enough material to demonstrate that there is an 16 attempt to target the complainant without there being sufficient material either for his preventive detention under goonda act or to launch various criminal prosecution against him as could be seen from the order passed by the advisory committee of the high court of karnataka, for his preventive detention, which is ..... have registered a counter complaint against him through said person in crime no.171/2015, wherein they have illegally invoked the provisions of section 307 of ipc and have given wide publicity to the general public and to media as if he is involved in an offence punishable under section 302 of ipc.15. according to complainant, accused no.7 in the private complaint, a person who is required to be responsible in ..... accusation made by him against petitioners 1 to 6 herein/accused 1 to 6 in pc.4/2016 if proved to be prima facie correct, then there cannot be a more serious oppressive act by the government officials against the person of a oppressed class, more particularly in the background when the special enactments are passed by the government to protect said 18 class of ..... . the learned counsel would also rely upon the provisions of section 16 of the goonda act to demonstrate that since the apprehension of complainant is under good faith, accused 1 to 6 are entitled to ..... in his family, he is the only educated person and rest are all carrying on agricultural .....
Tag this Judgment!Court : Karnataka Dharwad
..... briefly stated the facts are: that the petitioner filed a petition under section 127 of cr.pc before the family court for the modification of 3 the order passed by the learned jmfc court in crl. ..... the question of entitlement of the illegitimate children for maintenance has to be examined with reference to section 125 of 7 cr.pc read with section 112 of the evidence act. ..... it is well established legal position that section 125 of cr.pc is designed to prevent vagrancy and destitution for the weaker section like women, children and aged parents and to provide summary and speedy remedy to get the maintenance. ..... no.7/2012 whereby the petition filed by the petitioner under section 127 of criminal procedure code, 1973 [ cr.pc , for short]. ..... in the summary proceedings under 8 section 125 of cr.pc, the rights of the parties cannot be decided. ..... irrespective of the financial status of the mother of the respondents, it is the equal responsibility of the father to maintain the children providing the basic necessities of life like food, shelter, clothing and education etc.,. ..... there is no discrimination between an illegitimate child and legitimate child to award maintenance under section 125 cr.p.c. ..... section 125 of cr.pc contemplates [1]. ..... of family courts act, against the judgment and order dated1109.2014 passed in crl. .....
Tag this Judgment!Court : Karnataka Dharwad
..... she is expected to bring up the children with high sense of morality and to educate them to certain standards. ..... for r1) this appeal is filed u/s1731) of mv act, against the judgment and award dated0403.2015 passed in mvc no.439/2013 on the file of the first additional senior civil judge and cjm and member, additional motor accident claims tribunal, dharwad, partly ..... her children, in particular, and the society, in general, expects her to fulfill such a void and to rise to the occasion, and to act almost like mother india . .....
Tag this Judgment!Court : Karnataka Dharwad
..... the husband filed a petition for divorce before the family court under section 13 of the hindu marriage act, 1955 (for short the act ), alleging that the parties were married as per their customs on ..... having held that the husband has failed to make out a case under section 13(1)(iii) of the act on the ground of wife suffering with incurable form of schizophrenia, to the extent that he cannot be reasonably expected to cohabit with her, the impugned judgment and ..... in mt.titli vs- alfred robert jones (air1934allahabad273, on observing that the wife prosecuted her further education, was cooking and looking after children, the allahabad high court did not see merit in the apprehension of the husband that there is danger to his ..... however, marriage having consummated, since the relief is for dissolution of marriage under section 13 of the act, the family court raised points of consideration in respect of first two items of the above and ..... before it, the apex court was convinced that the wife was suffering from mental disorder and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for the parties to live ..... the apex court in an identical situation in the matter of pankaj mahajan vs- dimple alias kajal reported in (2011) 12 scc1held that, the acts of the wife amount to cruelty as to create reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to lead life with her, thereby dissolved the marriage with a decree .....
Tag this Judgment!Court : Karnataka Dharwad
..... the husband filed a petition for divorce before the family court under section 13 of the hindu marriage act, 1955 (for short 'the act'), alleging that the parties were married as per their customs on ..... in mt.titli -vs- alfred robert jones (air 1934 allahabad 273), on observing that the wife prosecuted her further education, was cooking and looking after children, the allahabad high court did not see merit in the apprehension of the husband that there is danger to ..... having held that the husband has failed to make out a case under section 13(1)(iii) of the act on the ground of wife suffering with incurable form of schizophrenia, to the extent that he cannot be reasonably expected to cohabit with her, the impugned judgment and ..... however, marriage having consummated, since the relief is for dissolution of marriage under section 13 of the act, the family court raised points of consideration in respect of first two items of the above and ..... before it, the apex court was convinced that the wife was suffering from "mental disorder" and due to her acts and conduct, she caused grave mental cruelty to him and it is not possible for the parties to live ..... the apex court in an identical situation in the matter of pankaj mahajan -vs- dimple alias kajal reported in (2011) 12 scc 1 held that, the acts of the wife amount to cruelty as to create reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to lead life with her, thereby dissolved the marriage with a .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.100802/2014 -28- the main purpose of the doctrine is that once a matter has been determined in a former proceeding, it should not be open to parties to reagitate the matter again and again and that section 11 of cpc recognises this principle and forbids a court from trying any suit or issue, which is res judicata, recognising both cause of action estoppel and issue estoppel .23. ..... he would further contend that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of fairness w.a. ..... as a consequence of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on 21.04.2007. ..... board of high school & intermediate education and ashok leyland ltd. v. ..... respondents this writ appeal is filed under section4of the karnataka high court act, 1961, praying to set-aside the order dated22d april, 2014, passed by the learned single judge in writ petition no.41433/2010 (gm-res), and further to reject the said writ petition. in w.a ..... r4) this writ appeal is filed under section4of the karnataka high court act, praying to set aside the order dated2204.2014, passed by the learned single judge in writ petition no.41433/2010 (gm-res) .....
Tag this Judgment!Court : Karnataka Dharwad
..... has held that the main purpose of the doctrine is that once a matter has been determined in a former proceeding, it should not be open to parties to reagitate the matter again and again and that section 11 of cpc recognises this principle and forbids a court from trying any suit or issue, which is res judicata, recognising both cause of action estoppel and issue estoppel . 23. ..... further contend that the entire exercise of transferring of the seized assets to a third party who is not even a bidder or participant in the negotiations is a fraudulent act and hence the sale of the property to the third party is contrary to the procedures adopted by the corporation and is also opposed to the doctrine of fairness and reasonableness ..... consequence of its failure, the corporation exercised the powers vested in it under section 29 of the state financial corporation act (for short the act ) and took the possession of the running hospital on 21.04.2007. ..... (prayer: this writ appeal is filed under section 4 of the karnataka high court act, 1961, praying to set-aside the order dated 22nd april, 2014, passed by the learned single judge in writ petition no.41433/2010 (gm-res), and further to reject the said writ ..... of high school and intermediate education and ashok leyland ltd. ..... drop the sale proceedings and to close the loan as per the ots scheme extended to the petitioner and for quashing the sale notification dated 25.05.2007, issued in consequence of the exercise of power under section 29 of the act. .....
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