Court : Karnataka Dharwad
..... 4.2 suits were ended in a compromise by filing an application under order xxiii rule 3 read with section 151 of code of civil procedure in both the suits. ..... an agreement or compromise which is void or voidable under the indian contract act, 1872 (9 of 1872), shall not he deemed to be lawful within the meaning of this rule.].18. ..... if there is any further transaction of exchange of properties between the parties it is to be done necessarily by registered document under section 17 of the registration act. .....
Tag this Judgment!Court : Karnataka
..... calling upon the accused by way of demand to pay the cheque amount within 15 days from the date of service of notice and the accused failed to pay the cheque amount within the time stipulated under section 138(b) of the act and therefore the complainant filed a complaint within one month from the date of service of notice which is well within time. ..... judgment of the hon'ble supreme court in the case of siva kumar vs natarajan (2009) 13 scc623has held as under; "thus, from this, it flows that it was only after a lapse of 15 days of the receipt of the notice under section 138 (c) of the act by the accused and on non-payment, the offence under section 138 of the act is deemed to have been committed. ..... case, there is a single consolidated notice for all the ten cheques so dishonoured, so after the period of 15 days of the receipt of this consolidated notice upon non payment of the amount of these cheques, the offence under section 138 of the act is deemed to have taken place. ..... there is no bar for lodging a complaint for initiation of action under section 138 of the negotiable instruments act as the accused committed the offence punishable under section 138 of the negotiable instruments act. ..... hence, after issuing legal notice, required under section 138 of the ni act, the complaint came to be filed against both respondents for having committed the offence punishable under section 138 of ni act. .....
Tag this Judgment!Court : Supreme Court of India
..... to recover its dues, the appellant bank took measures under the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 (for short, the sarfaesi act ), more particularly under section 13(4) by taking over the possession of the secured asset and putting the same for sale by way of public auction.6. ..... loss or deprivation of the goods is by way of a penalty or punishment for a crime, offence or breach of engagement it would not come within the definition of forfeiture this word 'forfeiture' must bear the same meaning of a penalty for breach of a prohibitory direction. ..... this has been done, keeping in mind the larger object of the sarfaesi act, which is to page 46 of 81 facilitate recovery of debt in a time-bound manner by giving teeth to the measures enumerated within section 13 of the sarfaesi act, more particularly sale of the secured asset in the event the borrower fails to repay ..... the said decision is in two parts: - a) it held that as the sarfaesi act is a special enactment with overriding effect over other laws by virtue of section(s) 35 and 37, the 1872 act more particularly section(s) 73 and 74 will not be applicable to rule 9(5) of the sarfaesi rules especially since the rules framed under a statute become part of the ..... pursuant to a public auction, involving a process of offer and acceptance, and it was in terms of statutory provisions contained in the rules, particularly rule 9(3), that money changed hands for a definite purpose. .....
Tag this Judgment!Court : Karnataka Dharwad
..... /2013, dated 13.12.2016, wherein it is held as under: the point for consideration in the said decision was whether a party, to an award passed by the lok adalat, is barred by the provisions of the act and section 9 cpc, from invoking the jurisdiction of the civil court seeking to have the award declared said point was answered as follows: the point for consideration is answered holding that the remedy of a civil suit is not ..... that if such writ petition is filed, time spent in filing the separate suit, appeal and the present second appeal may be sought to be excluded by resorting under section 12 of the limitation act, 1963 and appellant herein shall not - 16 - nc:2024. ..... he further contended that learned judge in the first appellate court ignoring the bar contend in the legal services authorities act, 1987 (hereinafter referred to as the act, 1987 , for brevity), not only allowed the appeal and reversed the judgment of the trial court in o.s.no.98/2016 by moulding the relief passed ..... the contentions raised by the petitioners that section 22(e) of the ksla act, contemplates that the award made - 12 ..... filing a separate suit under section 9 of cpc when there is a clear bar under the act, 1987 is thus clearly ..... the said section 22(e) of the ksla act provides, every award of ..... question arose before this court (three judge bench) in the case of state of punjab (supra) as to what is the remedy available to the person aggrieved of the award passed by the lok adalat under section 20 of the act. .....
Tag this Judgment!Court : Karnataka Dharwad
..... to have discharged accused no.2 for the offences under section 19 and 21 of the pocso act as the petitioner/accused no.2 had no knowledge about ..... the disposal of this revision petition, the provisions of section 19 and 21 of the pocso act are to - 11 - crl.rp no.100169 of 2020 ..... allowed in-part, thereby, the trial court has discharged accused no.2 for the offences punishable under section 313 of ipc and section 3 of medical termination of pregnancy act, 1971 and sec.3(1)(w) sc and st amendment act, 2015 and sec.3(2)(v) of sc and st act, 1989. ..... section 21: punishment for failure to report or record a case: (1) any person, who fails to report the commission of an offence under sub- section (1) of section 19 or section 20 or who fails to record such offence under sub- section (2) of section 19 shall be punished with imprisonment of either description which may extend to six months ..... the said provisions read as under: section 19 reporting of offences: (1) notwithstanding anything contained in the code of criminal procedure, 1973 (2 of 1974) any person (including the child), who has apprehension that an offence under this act is likely to be committed or has knowledge that such an offence has been committed, he shall provide such information to,-- (a) the special juvenile ..... definitely, the experienced gynecologist if had knowledge about the offences on the victim girl, she would have informed the same to the nearest police station as required under the provisions of the sec.19 of pocso act .....
Tag this Judgment!Court : Supreme Court of India
..... submitted that the appellants are not guilty of unlawful assembly and, therefore, section 149 ipc could not have been invoked in the present case. ..... of the above provision abundantly makes clear that an overt act of some of the accused persons of an unlawful assembly with the common object to kill the deceased shivanna and to cause grievous hurt to the other family members is page 11 of 14 enough to rope in all of them for an offence under section 302 ipc in aid with section 149 ipc.21. ..... 2000 out of the nine accused, seven accused persons (a-1 to a-7) were convicted for various offences and were sentenced to undergo imprisonment for different page 1 of 14 period with a maximum of life imprisonment for an offence under section 302 in aid with section 149 ipc and remaining two accused persons i.e. ..... absence of any defence evidence, it is amply clear that all the accused persons unlawfully assembled in front of the house of the deceased shivanna and armed themselves with deadly weapons attracting the provisions of section 149 ipc.19. ..... in itself to establish that they had assembled in page 10 of 14 front of the house of the deceased shivanna sharing a common intention of doing an unlawful act of eliminating the family of the deceased shivanna.18. ..... appearing for the appellants is that according to the case of the prosecution itself, a-1 to a-3 alone assaulted the deceased shivanna and, therefore, the other accused persons cannot be convicted for an offence under page 6 of 14 section 302 ipc. .....
Tag this Judgment!Court : Karnataka
..... damages to the appellant would not be an adequate relief and also discussed section 73 of contract act and the prima facie case is made out with regard to the fact that necessary modifications in the credit titles can be easily made as the film is still in the early stages of its exhibition and necessary ..... no doubt the counsel appearing for the appellant has also relied upon the judgment of suresh jindal s case which is referred supra wherein discussed section 40 of specific relief act, the appellant claiming interim relief of a three second display in the credit titles of the serial, of his name in public acknowledgment of the service rendered 52 by him in making the film possible, held that in such a situation award of ..... the right of publicity implicates a person s interest in autonomous sel-definition, which prevents others from interfering with the meanings and value that the public associates with her. ..... the counsel also brought to notice of this para no.38, wherein an observation is made that injunction could be granted under the repealed specific relief act in a matter like this is also clear from the illustration given under section 39 of the said specific relief act. ..... , i.a.nos.2 and 3 under order xxxix rule 1 and 2 read with section 151 of cpc. .....
Tag this Judgment!Court : Karnataka
..... the very approach of the trial court is erroneous and when the will has been proved by the appellants by examining the beneficiary as p.w1 and two witnesses as p.ws.2 and 3 under section 68 of the evidence act and the very execution has been proved, the trial court has erred in coming to the conclusion that there is a critical difference between probate and letters of administration and even, in ..... the trial court, having considered the grounds urged in the petition as well as both oral and documentary evidence placed on record and also taking note of section 227 of the indian succession act, 1925 ( the act for short) and also the form of probate in schedule-vi which is extracted therein, comes to the conclusion that unless the executor is appointed in the will by the ..... having considered the point for consideration and also the very proviso of sections 222(2), 231 and 243 of the act, in detail discussed with regard to factual aspect of the said case and comes to the conclusion that no doubt, section 234 of the act states that when there is no executor, then the person or persons who would be entitled to the administration of the estate of the deceased, if he had died intestate or ..... 07.11.2019 and this court, having considered the grounds urged in the said appeal, formulated the points whether the beneficiary could file a petition under section 276 of the act when there is no executor appointed and whether the court can grant probate of a will on a petition filed by a beneficiary. .....
Tag this Judgment!Court : Supreme Court of India
..... hearing the counsel the court made the following order we have already passed the detailed order partly allowing the present appeal, in which, we have converted the findings of section 302 ipc to that of section 304 part-ii of the ipc and since, the appellant had already undergone incarceration for more than 13 years in jail, we have also directed him to be released ..... this appeal arises out of the final judgment and order dated 23.11.2010 passed by the aurangabad bench of bombay high court in criminal appeal no.06/2009 whereby the conviction of the appellant under sections 302 and 316 of the indian penal code (for short ipc ) was upheld and the appellant was sentenced to undergo life imprisonment under ..... present circumstances it would indeed be a case of culpable homicide not amounting to murder as given in section 304 part ii in as much as, though the accused had knowledge of the consequences of the act he was committing, yet there was no intention to cause death. ..... was still alive and the death was caused by the act of the appellant which we have already stated above, also makes a case under section 316 of the indian penal code.20. ..... therefore, we convert the findings of section 302 to that of 304 part-ii, as we are of the opinion that though the appellant had knowledge that such an act can result in the death of the deceased, but there was no intention ..... considered opinion, this act at the hands of the appellant will be covered under the fourth exception given under section 300 of the .....
Tag this Judgment!Court : Karnataka Dharwad
..... the appellants' case is grounded in the interpretation of the term vest in section 109a of the companies act, 1956 and bye-law 9.11.1 under the depositories act, 1996, and according to them, the use of the term vest indicates the intent to bestow ownership of the securities upon the nominee on ..... looking at the dissimilarities and the fact that uniform definition is not available relating to the rights of nominee and/or whether such nomination bestows absolute ownership over nominees, it is only appropriate that the terms are considered as ordinarily understood by a reasonable person making nominations ..... estate surrenders his or her interest; the chambers 21st century dictionary: nominee : a someone who is nominated as a candidate for a job or position, etc; someone nominated to or for a job or position, etc; a person or organization appointed to act on behalf of another, especially in order to keep the identity of the first secret; some one whose life an annuity or lease depends.16. ..... rakesh bilki, advocate for r3; r4 served) this miscellaneous first appeal is filed under section384of the indian succession act, 1925, praying to, allow the appeal and set aside the order dated3008.2023 passed in p and sc no.03/2022 on he file of additional senior civil judge and judicial magistrate first class at hosapete ..... the very definition of the word nominee as could be seen from different dictionary is as under: black's law dictionary 4th edition review: nominee : one who has been nominated or .....
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