Court : Karnataka
..... muslim personal law and there is no impediment in the family courts recognizing the same and declaring the status of the parties.7. section 7 of the family courts act, 1984 provides that the family courts shall consider the suits and proceedings of the nature including a suit or proceeding between the parties ..... knowing fully well the consequences thereof. it is submitted that under the provisions of the dissolution of muslim marriages act, 1937 and muslim personal law (shariat) application act, 1939 read with section 7 of the family courts act, 1984, the mubarat agreement entered into between the parties dissolving their marriage with their full consent and knowledge ..... dissolution of the marriage but the mutual consent petitions for the dissolution of the mohamadan marriage is not contemplated under the provisions of the dissolution of muslim marriages act, 1937. therefore, the suit was found to be not maintainable and the same was dismissed.-. 3 - nc:2024. khc:12506-db mfa no.4711 of .....
Tag this Judgment!Court : Karnataka Dharwad
..... 10, while considering a question as to the limitation for filing an enforcement/execution 9 (2006) 12 scc64210 (2020) 10 scc117 petition of a foreign award under section 46 of the act of 1996, has held as follows: 69. section 36 of the arbitration act, 1996 creates a statutory fiction for the limited purpose of enforcement of a domestic award as ..... herein was directed to pay to the respondent a sum of `30,73,037/- along with interest. the said order was passed under section 18(3) of the msmed act.13. section 18 of the msmed act states as follows: 18. reference to micro and small enterprises facilitation council. (1) notwithstanding anything contained in any other law for the ..... group housing society ltd., (2016) 11 scc313: (2016) 3 scc (civ) 795]. . by this deeming fiction, a domestic award is deemed to be a decree of the court [sundaram finance ltd. v. abdul samad, (2018) 3 scc622: (2018) 2 scc (civ) 593]. , even though it is as such not a decree passed by a civil court. the arbitral .....
Tag this Judgment!Court : Karnataka
..... company after the latter had been dissolved".15. likewise, in the case of sri nath suresh chand ram naresh vs. cit (2006) 280 itr396 the allahabad high court held that the issue of notice under section 148 of the income tax act is a condition precedent to the - 9 - nc:2024. khc:11803 wp no.633 of 2024 validity of any assessment ..... wp no.633 of 2024 10. thermo cables ltd. vs commissioner of cus.& c. ex., hyderabad - 2013(292) e.l.t. 412(tri- bang.); 11. union of india vs. kamalakshi finance corporation limited - 1991 (55) elt433(sc;) 12. deputy commissioner of it vs. pepsi foods ltd - (2021) 433 itr295sc); 13. eicher motors vs union of india - 1999 (106) elt3( ..... bangalore 560 032.2. assistant commissioner of commercial taxes, (lgsto-140 addl), adichunchunagiri matatha building, 4th floor, vijayanagar bengaluru 560 040.3. state of karnataka represented by secretary finance department vidhana soudha, bengaluru - 560 001.-. 2 - nc:2024. khc:11803 wp no.633 of 2024 4. union of india ministry of .....
Tag this Judgment!Court : Karnataka Dharwad
..... s shankar finance & investments. therefore, in a criminal complaint relating to an offence under section 138 of the act, it is permissible to lodge the complaint in the name of the ..... that proprietary concern is not required to be arrayed as a separate party in a proceedings under section 138 of n.i.act. he also placed reliance on the decision of the hon ble apex court in the case of m/s shankar finance and investments v. state of a.p. and ors3, wherein it is held that payee ..... rao carrying on business under the name and style of m/s shankar finance & investments, a sole proprietary concern . but we are not dealing with a civil suit. we are dealing with a criminal complaint to which the special requirements of section 142 of the act apply. section 142 requires that the complainant should be payee. the payee is m/ .....
Tag this Judgment!Court : Karnataka
..... such direction either suo motu or otherwise which, according to him, would lead to the truth. . 22. since the husband has made an application under section 45 of the indian evidence act for subjecting his wife to the medical examination by the medical board (which may consists of medical expert and psychiatrist), it may certainly offend the legal ..... be a subject-matter of litigation, the court having regard to the provisions contained in order 32 rule 15 of the code of civil procedure, section 41 of the indian lunacy act as also for the purpose of judging his 19 competence to examine as a witness may issue requisite directions. it is there not correct to contend ..... adft course and she is excelling in her studies. heard the arguments of both sides and perused the records. the petitioner field this petition u/sec. 13 (1) (ia) of hindu marriage act, on 5-9-2022. after the appearance of the respondent before the court the matter was referred to mediation and mediation report received as matter .....
Tag this Judgment!Court : Karnataka Dharwad
..... narrated facts though not in dispute would require to be deciphered threadbare. the saga against the petitioner commences from the time when he was functioning as section officer in hidkal. that was between 2005 and 2007. the allegation comes about in the year 2008 wherein it is alleged that the petitioner was responsible ..... petitioner. all these happen without holding any departmental inquiry against the petitioner.6. on 04-12-2021, comes a correspondence between the controller (accounts and finance) of the company pointing out that no departmental proceedings or penalty orders are issued against the petitioner for recovery of several amounts. therefore, the accounts department ..... pension account of the petitioner. 11 years passed by after his superannuation but no pension in its entirety or retirement benefits are extended, all for acts alleged to have been done by the petitioner for which departmental inquiry was never conducted but directed recovery to be made. the aforesaid are the .....
Tag this Judgment!Court : Karnataka
..... this validated that the account belonged to jamnadas morarjee. i am providing a detailed note on boarding process of jamnada morarjee finance private limited under my signature.30. the essential elements to constitute an offence under section 3 of the act are as follows: - 19 - nc:2024. khc:9191 wp no.10329 of 2023 a) proceeds of crime: involvement ..... to day affairs of the company as stated in explanation-2 to section 70 of the 2002, act.9. after carefully considering the arguments presented by the learned counsel for the parties, the key point for deliberation are as follows: i) is ..... who was in possession of proceeds - 7 - nc:2024. khc:9191 wp no.10329 of 2023 of the crime, is required to rebut the presumption under section 24 of the act, 2002. f) the prosecution for an offence of money laundering against the company is maintainable without prosecuting the director or any person in charge of the day .....
Tag this Judgment!Court : Karnataka
..... with the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant to ..... 1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 ..... jeevan j.neeralgi, aga for r7) this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition no.6313- 6318/2010 dated1107/2014. in w.a no.2006 of2014between:1. bangalore development authority by its commissioner kumara park west t. chowdaiah road bangalore-560 020 2 .....
Tag this Judgment!Court : Karnataka
..... with the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant to ..... 1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 ..... jeevan j.neeralgi, aga for r7) this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition no.6313- 6318/2010 dated1107/2014. in w.a no.2006 of2014between:1. bangalore development authority by its commissioner kumara park west t. chowdaiah road bangalore-560 020 2 .....
Tag this Judgment!Court : Karnataka
..... with the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant to ..... 1795 of2014 1799 of2014 1802 of2014 1803 of2014 1806 of2014 1966 of2014 1970 of2014 1972 of2014 1973 of2014 1982 of2014 1986 of2014 1988 of2014 1989 of2014 2000 of2014 2006 of2014 2009 of2014 2010 of2014 2030 of2014 2032 of2014 2033 of2014 2034 of2014 2035 of2014 2036 of2014 2037 of2014 2045 of2014 2047 of2014 2048 of2014 2052 of2014 ..... jeevan j.neeralgi, aga for r7) this writ appeal is filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition no.6313- 6318/2010 dated1107/2014. in w.a no.2006 of2014between:1. bangalore development authority by its commissioner kumara park west t. chowdaiah road bangalore-560 020 2 .....
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