Court : Karnataka Dharwad
Decided on : Aug-08-2023
..... notice the legal - 6 - nc:2023. khc-d:8524 wp no.104804 of 2023 frame work under which an order of externment could be passed against any person. chapter-ii of the act deals with dispersal of gangs and bodies of persons convicted of certain offences. section 54 deals with dispersal of gangs and bodies of persons which is applicable to the ..... been convicted at any time either before or after the commencement of this act, (a) of an offence under chapter xii, xvi or xvii of the indian penal code (central act 45 of 1860); or (b) of an offence under section 6 of 13 of the mysore mines act, 1906 (mysore act 4 of 1906); or (c) of an offence under section 86 of the ..... karnataka forest act, 1963 (karnataka act 5 of 1964); or (d) twice of an offence under .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-20-2023
..... and/or due under a settlement or an award or the amounts are due on account of layoff or retrenchment or closure of establishments in terms of chapter va and vb of the i.d.act. in all the above cases, there is a crystalisation of the amount or methodology of crystalising the amounts and as such, that procedure is prescribed. 15 ..... court in civil writ petition no.3933 of 2009, confirming the award dated 3.12.2002 rendered by the industrial tribunal, jaipur in case no.i.t. no.41 of 1994. all the three judgments, except the finding in paragraph 8 and 9 of the industrial tribunal, jaipur in case no.i.t. no.41 of ..... 15 thereof, which are reproduced hereunder for easy reference:1. from the order of reference made in jaipur zila sahakari bhoomi vikas bank ltd. vs. ram gopal sharma and another [(1994) 6 scc522, the question that arises for consideration is:"if the approval is not granted under section 33(2)(b) of the industrial disputes .....
Tag this Judgment!Court : Karnataka
Decided on : May-22-2023
..... with the task of determination of tariff and as determination of tariff involves highly technical procedure requiring not only working knowledge of law but also of engineering, finance, commerce, economics and management, this court was firmly of the view that the issues with regard to determination of tariff should be left to the said ..... be conferred either on the central electricity regulatory commission or on a similar body. we notice that under the telecom regulatory authority of india act, 1997 in chapter iv, a similar provision is made for an appeal to a special appellate tribunal and thereafter a further appeal to the supreme court on questions ..... body and the determination of tariff which has to be made by the commission involves a very highly technical procedure, requiring working knowledge of law, engineering, finance, commerce, economics and management, it would be more appropriate and effective if a statutory appeal is provided to a similar expert body, so that the various .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... section 55 are in respect of offences under sections 32, 33, 34, 35, 36, 37, 38 and 23 38a which are dealt with under chapter vii of the act. learned senior counsel sri.g.k.bhat fairly submit that inquiry/investigation into the nature of the matter involved in the present lis can be undertaken ..... o late jayshankar aged about26years respondents1to4are r/of no.64, 3rd cross ist stage, okalipuram bengaluru-560 021. 4 5 . state of karnataka by its additional chief secretary finance department vidhana soudha bengaluru-560 001. 6 . the excise commissioner in karnataka, 2nd floor ttmc, 'a' block bmtc building shantinagara bengaluru-560 027. 7 . the ..... 096. ... appellant (by sri. d.r. ravishankar, sr. advocate a/w sri. ravindra prasad b., advocate) and:1. . the state of karnataka by its additional chief secretary finance department vidhana soudha bengaluru - 560 001. 2 . the excise commissioner in karnataka2d floor, ttmc 'a' block bmtc building shanthi nagar bengaluru - 560 027. 2 3 . the deputy .....
Tag this Judgment!Court : Karnataka
Decided on : Dec-04-2023
..... kumar sharma (supra), the case before this court was for re-issuance of the passport wherein case in hand is for renewal of the passport.15. as per chapter i schedule iii of the passport rules, 1980, passport application form-i ea(p)-2 is for miscellaneous services of indian passport for (use in india) (a) ..... iii) the petitioner shall approach the concerned court seeking issuance of a short validity passport and the concerned court shall consider such application strictly in consonance with the act, gsr-570 and its requirements. (iv) the court shall not reject the application/permission for issuance of a short validity passport on the ground of pendency of ..... satisfies the conditions prescribed. 5. applications for passports, travel documents, etc., and orders thereon. (1) an application for the issue of a passport under this act for visiting such foreign country or countries (not being a named foreign country) as may be specified in the application may be made to the passport authority and .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-03-2023
..... the course of a journey, if the conductor absents himself, due to some emergency or sickness, perform the duties and functions of the conductor prescribed in chapter iii of the act and the rules framed thereunder; (p) shall not be under the influence of any intoxicating drink or drug; (q) shall where the conductor is absent ..... need for challenges to arise when legality is in question, with such challenges to be pursued through prescribed legal procedures. it further emphasizes the protection of acts carried out under "colour of lawful authority" while disallowing those performed with usurped authority for unlawful purposes.36. a perusal of the fir reveals that since ..... false defence without any acceptable legal evidence. the tribunal has ignored the documentary evidence placed by the petitioners and also the provisions of indian evidence act, 1872, m.v.act, 1988 and karnataka motor vehicles rules, 1989 and article 261 of the constitution of india.38. the tribunal has also committed an error .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-19-2023
..... the state. in tune with the constitutional guarantee a number of statutory provisions also seek to protect personal liberty, dignity and basic human rights of the citizens. chapter v of the criminal procedure code, 1973 deals with the powers or arrest of a person and the safeguards which are required to be followed by the police to ..... to personal liberty and freedom. these recommendations, however, have not acquired any statutory status so far.20. this court in joginder kumar v. state of u.p. [(1994) 4 scc260:1994. scc (cri) 1172]. (to which one of us, namely, anand, j.was a party) considered the dynamics of misuse of police power of arrest and opined: ..... general of police shall initiate a departmental enquiry against the 4th respondent and his cohorts or any other officer, after identifying those officers who have indulged in the act of illegal arrest and alleged assault on the petitioner. (iv) the departmental enquiry shall be initiated within two weeks from the date of receipt of a .....
Tag this Judgment!Court : Karnataka
Decided on : May-30-2023
..... than bengaluru.62. a careful perusal of the report of jaswant singh commission dated 30.04.1985 depicts that the commission at chapter v enumerated the broad principles and criteria to be followed in assessing the expediency and desirability of setting up a bench of ..... the circuit bench at dharwad. the division bench held that the said notification dated 29.12.2008 was contrary to rule 5 of chapter iii of the high court of karnataka rules, 1959 and accordingly quashed the said notification. however while interpreting the said notification, ..... .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 ..... 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 .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-14-2023
..... facts that show that the defendant was actuated by spite or some oblique motive.12. the counsel also relied upon the judgment in kedutso kafpo vs. keneingulie reported in (1994) 1 gauhati law reports145and brought to notice of this 11 court para no.8, wherein the court has discussed with regard to jurisdiction as to the place of sueing ..... aptly applicable to the case on hand.34. in the other judgment relied upon by the learned counsel for the appellant in kedutso kafpo vs. 26 keneingulie reported in (1994) 1 gauhati law reports145 in para no.8 of the judgment, the court has held that, under section 19 of the code of civil procedure, such a suit ..... grounds and the committee considering that the said concern is 4 a subjudice matter being considered and await orders of the labour court, paris, directed the defendant to act in accordance with the observations and findings of the said labour court.4. the defendant in pursuit to accomplish his false allegations against the plaintiff, also filed a .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... section 55 are in respect of offences under sections 32, 33, 34, 35, 36, 37, 38 and 23 38a which are dealt with under chapter vii of the act. learned senior counsel sri.g.k.bhat fairly submit that inquiry/investigation into the nature of the matter involved in the present lis can be undertaken ..... o late jayshankar aged about26years respondents1to4are r/of no.64, 3rd cross ist stage, okalipuram bengaluru-560 021. 4 5 . state of karnataka by its additional chief secretary finance department vidhana soudha bengaluru-560 001. 6 . the excise commissioner in karnataka, 2nd floor ttmc, 'a' block bmtc building shantinagara bengaluru-560 027. 7 . the ..... 096. ... appellant (by sri. d.r. ravishankar, sr. advocate a/w sri. ravindra prasad b., advocate) and:1. . the state of karnataka by its additional chief secretary finance department vidhana soudha bengaluru - 560 001. 2 . the excise commissioner in karnataka2d floor, ttmc 'a' block bmtc building shanthi nagar bengaluru - 560 027. 2 3 . the deputy .....
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