Court : Karnataka
Decided on : Nov-06-2007
Reported in : ILR2008KAR601; 2008(2)KCCR990; 2008(3)CivilLJ528; 2008(3)ICC267
..... as not maintainable relying upon the decisions which are not applicable to the case on hand. he has cited a decision in new kenilworth hotel (p) limited v. orissa state finance corporation and ors. : [1997]1scr395 on the point that appeal is a creature of statute as section 104(1) read with order 43 rule 1 provides for an appeal against ..... district judge has rejected the miscellaneous appeal holding that the same is barred under section 104(2) of cpc following the decisions in murari kumar saraf v. jannanath shaw air 1994 calcutta 205 and chellappan v. varghese air 1964 kerala 23. this is impugned in this writ petition.7. in chellappan's case, supra, rejection of an application for temporary filed .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-26-2007
Reported in : ILR2007(2)KarSN26; 2007(4)KLJ147; 2007(3)KCCRSN200; 2007(3)AIRKarR478
..... (b) of employees' service regulation as contended by petitioner, but the appropriate relevant regulation to the facts of present case is regulation 221(b)(7) of section f chapter ix. as per chapter ix section f regulation 221(b)(7), the first wife as well as the children through the second wife are entitled to equal share of pensionary benefits. therefore, the ..... been extended/paid to petitioner and respondents 3 to 5. it is the case of petitioner that, the said benefit has been extended to respondents 3 to 5 contrary to chapter ix section f of regulation 221(b) of the karnataka electricity board employees' service regulations and that, the said benefit ought to have been extended only to her. therefore, it .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-19-2007
Reported in : ILR2008KAR495; 2008(3)KarLJ117; 2008(1)KCCRSN45; 2008(2)AIRKarR299(DB)
..... bail, the accused must show that his case is either covered by para (a) of section 167(2), or that he is entitled to it under the provisions of chapter 33 of the new code. it is not legally permissible to introduce a stage of compulsory bail not envisaged by the code.bail is no remedy, and has never been ..... /2005 was argued, was of the opinion that in view of different view taken by another single judge of this court in dorai and anr. v. state of karnataka 1994 (3) crimes 6971, the issues involved are required consideration by a division bench and accordingly he proposed that the following points of law be referred for consideration and decision:1 ..... sheet has been filed by the investigating agency. such prompt action on the part of the magistrate/court will not enable the prosecution to frustrate the object of the act and the legislative mandate of an accused being released on bail on account of the default on the part of the investigating agency in completing the investigating within the .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-28-2007
Reported in : ILR2007(4)Kar4921; 2007(6)AIRKarR175(DB)
..... very property confirmed in favour of second purchasers the proceedings were pending before the debt recovery tribunal in case no. dcp.3118. the proceedings were initiated by industrial finance corporation of india ltd. the property described therein comprised of 18 acres 13 guntas of land and the building with plinth area of 1137.14 sq. ft. ..... itself that having regard to the market value of property the price offered is reasonable. unless the court is satisfied about the adequacy of the price the act of confirmation of sale would not be a proper exercise of a judicial discretion'.from the impugned order we find the learned single judge has not satisfied ..... . it would also demonstrate that the ex-director of the company and appellant herein are interested in protracting the proceedings without there being any genuine intention to act in the interest of the company under liquidation.(ii) neither the ex-director nor the appellant made genuine efforts to bring better offer or to take intending .....
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