Court : Karnataka
..... company incorporated under the companies act, 1956; (x) any other financial ..... state bank of india act, 1955; (v) a subsidiary bank as defined in the state bank of india (subsidiary banks) act, 1959; (vi) a corresponding new bank constituted under section 3 of the banking companies (acquisition and transfer of undertakings) act, 1970; (vii) the agricultural refinance and development corporation constituted under the agricultural refinance co-operation act, 1963; (viii) the karnataka state agro-industries corporation, a company incorporated under the companies act, 1956; (ix) the agricultural finance corporation limited, a ..... in view of my answers to points no.1 and 2, as also for the reason that the assistant commissioner and deputy commissioner had necessary powers under section 5 and 5a of the ptcl act which has been properly exercised by discharging any alleged encumbrance created by the society as regard the land belonging to the grantee and restored the property without any encumbrance to the grantee is proper .....
Tag this Judgment!Court : Supreme Court of India
..... that this is impermissible, the court held that: 9 it may be seen from the bare reading of the aforesaid section that under section 125(1) of the act, option is given to the importer whose goods are confiscated, to pay the fine in lieu of confiscation and redeem ..... following goods brought from a place outside india shall be liable to confiscation: (a) (n) (o) any goods exempted, subject to any condition, from duty or any prohibition in respect of the import thereof under this act or any other law for the time being in force, in respect of which the condition is not observed unless the non-observance of the condition was sanctioned by the proper officer; 8 for confiscation of goods ..... whenever an order confiscating the imported goods is passed, an option, as provided under sub-section (1) of section 125 of the customs act, is to be given to the person to pay fine in lieu of the confiscation and on such an order being passed according to sub-section (2) of section 125, the person shall in addition be liable to any duty and charges payable in respect of ..... this position gleaned from security finance case has remained consistent with amendments introduced to section 125 in the year ..... the essence of the judgment in security finance case is in the following sentence: the import duty has been made a condition for ..... finance (p) ltd.10 while interpreting identical provisions, as they stood under the sea customs act ..... before 10 (1976) 1 scc166 hereinafter referred to as security finance case. 12 us. .....
Tag this Judgment!Court : Supreme Court of India
..... (iii) list of assets and liabilities as on the initiation date; and (iv) such other matters as may be specified; (b) receive and collate all the claims submitted by creditors to him, pursuant to the public announcement made under sections 13 and 15; (c) constitute a committee of creditors; (d) monitor the assets of the corporate debtor and manage its operations until a resolution professional is appointed by the committee of creditors; (e) file information collected with the information utility, ..... - the interim resolution professional shall perform the following duties, namely: - civil appeal no.4565 of 2021 page 30 of 42 (a) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor, including information relating to- (i) business operations for the previous two years; (ii) financial and ..... a surety is no doubt discharged under section 134 of the contract act, 1872 by any contract between the creditor and the principal debtor by which the principal debtor is released or by any act or omission of the creditor, the legal consequence of which is the discharge ..... the entire project cost of sez, inclusive of land acquisition, was financed through equity and unsecured loans contributed by acil. ..... corporate debtor approached the 1st respondent srei infrastructure finance limited (the financial creditor), for a grant ..... finance ..... and approved later in industrial finance corpn. ..... finance ..... finance .....
Tag this Judgment!Court : Karnataka
..... section 498-a was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of objects and reasons of the act 46 of 1983. ..... five thousand rupees but which may extend to fifty thousand rupees: provided that, as a consequence of offence under this act if death of the victim occurs, the offender, shall be deemed to have committed an offence of murder as defined in section 300 of indian penal code, 1860 (act 45 of 1860) and shall be punishable under section 302 of the said code or if such act has endangered life of the victim or has resulting in injury to any person, the offender shall be deemed to be guilty of having ..... committed an offence of attempt to murder as defined under section 307 of the indian penal code, 1860 (act 45 of 1860) and shall be punishable accordingly or if consequence of such offence .....
Tag this Judgment!Court : Karnataka
..... section 498-a was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of objects and reasons of the act 46 of 1983. ..... five thousand rupees but which may extend to fifty thousand rupees: provided that, as a consequence of offence under this act if death of the victim occurs, the offender, shall be deemed to have committed an offence of murder as defined in section 300 of indian penal code, 1860 (act 45 of 1860) and shall be punishable under section 302 of the said code or if such act has endangered life of the victim or has resulting in injury to any person, the offender shall be deemed to be guilty of having ..... committed an offence of attempt to murder as defined under section 307 of the indian penal code, 1860 (act 45 of 1860) and shall be punishable accordingly or if consequence of such offence .....
Tag this Judgment!Court : Karnataka
..... section 498-a was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of objects and reasons of the act 46 of 1983. ..... five thousand rupees but which may extend to fifty thousand rupees: provided that, as a consequence of offence under this act if death of the victim occurs, the offender, shall be deemed to have committed an offence of murder as defined in section 300 of indian penal code, 1860 (act 45 of 1860) and shall be punishable under section 302 of the said code or if such act has endangered life of the victim or has resulting in injury to any person, the offender shall be deemed to be guilty of having ..... committed an offence of attempt to murder as defined under section 307 of the indian penal code, 1860 (act 45 of 1860) and shall be punishable accordingly or if consequence of such offence .....
Tag this Judgment!Court : Karnataka
..... therein, it was observed that when an accused comes before the high court, invoking either the inherent power under section 482 crpc or the extraordinary jurisdiction under article 226 of the constitution, to get the fir or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious ..... after floundering of the relationship, the wife institutes several proceedings one invoking section 12 of the protection of women from domestic violence act, 2005, the other is petition for restitution of conjugal rights in m.c.no.2536 of 2015 and the third one is the impugned proceedings for it being registered on 30-05-2018 for ..... to look into the issue as highlighted above taking into consideration the pragmatic realities and consider making necessary changes in sections 85 27 and 86 respectively of the bharatiya nyaya sanhita, 2023, before both the new provisions come into force.41 ..... (emphasis supplied) the apex court considers the entire spectrum of law where provisions of section 498a have been grossly misused, time and again by drawing proceedings against the members of the family or the husband without ..... court made the following:- order the petitioner is before this court calling in question proceedings in c.c.no.24483 of 2018 arising out of crime in crime no.112 of 2018 registered for offences punishable under sections 498a, 420 read with 34 of the ipc and sections 3 and 4 of the dowry prohibition act, 1961 ( the act for short). 32. .....
Tag this Judgment!Court : Karnataka
..... in a case where the high court is prima facie of the opinion that an exceptional case is made out for grant of interim stay of further investigation, after considering the broad parameters while exercising the powers under section 482crpc and/or under article 226 of the constitution of india referred to hereinabove, the high court has to give brief reasons why such an interim order is warranted and/or is required to be passed so that it can demonstrate ..... , our final conclusions on the principal/core issue, whether the high court would be justified in passing an interim order of stay of investigation and/or no coercive steps to be adopted , during the pendency of the quashing petition under section 482crpc and/or under article 226 of the constitution of india and in what circumstances and whether the high court would be justified in passing the order of not to arrest the accused or no coercive steps to be adopted during the ..... . the manner in which the proceedings had taken place before the nclt and nclat speaks otherwise when the complainant had filed a petition under section 58 of the companies act, 2013 seeking for transfer of shares against accused no.1, accused no.3 and the imposter, accused no.1 and accused no.3 were represented by the same counsel and they took up the contention before the nclt that both of them - 41 ..... official of the accused no.1 company is made a party to the complaint nor is there is any overt act of commission or omission attributed to the accused no.1. .....
Tag this Judgment!Court : Karnataka
..... sessions judge, bengaluru arising out of crime no.221/2017 registered by rajarajeshwari nagar police station, bengaluru city for the offences punishable under sections 302, 120b,, 118, 203 and 35 ipc, sections 25(1) and 27(1) of the indian arms act, 1959 and sections 3(1)(i), 3(2), 3(3) and 3(4) of the karnataka control of organized crimes act, 2000, subject to the following conditions: a) petitioners shall execute personal bond for a sum of rs.2,00,000/- each with two sureties ..... central bureau of investigation - 2022 scc online sc695 the hon ble supreme court taking into consideration that the accused, who was being tried for the offence punishable under section 302 of ipc was in custody for a period of six and half years and the prosecution was yet to examine many more charge sheet witnesses, granted bail to the accused observing ..... 1967, the hon ble supreme court has held that the statutory restrictions like section 43-d(5) of the act does not oust the ability of the constitutional courts to grant bail on the ..... vs state of maharashtra - (2021)3 scc723 wherein the accused persons were charged for the offences under the provisions of unlawful activities (prevention) act, 1967, having considered the seriousness of the charges and the period of custody suffered by the accused, had granted bail to the accused notwithstanding the rigor under section 43-d(5) of the said act considering the fact that the accused had suffered five years incarceration.-. ..... is about financing the other .....
Tag this Judgment!Court : Karnataka
..... sessions judge, bengaluru arising out of crime no.221/2017 registered by rajarajeshwari nagar police station, bengaluru city for the offences punishable under sections 302, 120b,, 118, 203 and 35 ipc, sections 25(1) and 27(1) of the indian arms act, 1959 and sections 3(1)(i), 3(2), 3(3) and 3(4) of the karnataka control of organized crimes act, 2000, subject to the following conditions: a) petitioners shall execute personal bond for a sum of rs.2,00,000/- each with two sureties ..... central bureau of investigation - 2022 scc online sc695 the hon ble supreme court taking into consideration that the accused, who was being tried for the offence punishable under section 302 of ipc was in custody for a period of six and half years and the prosecution was yet to examine many more charge sheet witnesses, granted bail to the accused observing ..... 1967, the hon ble supreme court has held that the statutory restrictions like section 43-d(5) of the act does not oust the ability of the constitutional courts to grant bail on the ..... vs state of maharashtra - (2021)3 scc723 wherein the accused persons were charged for the offences under the provisions of unlawful activities (prevention) act, 1967, having considered the seriousness of the charges and the period of custody suffered by the accused, had granted bail to the accused notwithstanding the rigor under section 43-d(5) of the said act considering the fact that the accused had suffered five years incarceration.-. ..... is about financing the other .....
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