Court : Karnataka
..... m/s. shree mallikarjun shipping pvt. ltd., 2 mohan nh -17, chittakula, sadashivgad karwar 581 301. ... petitioners (by sri h.pavana chandra shetty, advocate) and:1. . central bureau of investigation anti-corruption branch bellary road, bengaluru 560 032. 2 . sri sushil kumar valecha, s/o kishan chand valecha , aged about73years, director, m/s. shri lal mahal ..... 2) this section applies to (a) any offence triable exclusively by the court of session or by the court of a special judge appointed under the criminal law amendment act, 1952 (46 of 1952); (b) any offence punishable with imprisonment which may extend to seven years or with a more severe sentence. 9 (3) every magistrate ..... exclusively by that court or if the magistrate taking cognizance is the chief judicial magistrate; (ii) to a court of special judge appointed under the criminal law amendment act, 1952 (46 of 1952), if the offence is triable exclusively by that court; (b) in any other case, make over the case to the chief judicial .....
Tag this Judgment!Court : Karnataka
..... of permanent benches of the high court of karnataka at dharwad and gulbarga and issuing presidential order under section 51(2) of the s.r. act, 1956 was placed before the central cabinet, which in its meeting dated 4.6.2013 had approved the above proposal. accordingly, a notification for operationalization of permanent benches of the karnataka ..... under sub- section (1) and sub-section (2) of section 51 of the act the president has to act on the advice of the council of ministers as ordained by article 74(1) of the constitution. in both the matters the decision lies with the central government. in contrast, the power of the chief justice to appoint under sub- section ( ..... 3) of section 51 of the act the sittings of the judges and division .....
Tag this Judgment!Court : Supreme Court of India
..... laid down by vishaka. to achieve this, necessary instructions/circulars shall be issued by all the statutory bodies such as the bar council of india, medical council of india, council of architecture, institute of company secretaries within two months from today. on receipt of any complaint of sexual harassment at any of ..... at work place5 and imposing upon him, a major penalty of dismissal from services and disqualification from the future employment under rule 11(ix) of the central civil services (classification, control and appeal) rules, 19656 which was duly upheld by the governor and the chancellor of goa university, being the appellate ..... (slsas) shall develop modules to conduct workshops and organize awareness programmes to sensitize authorities/managements/employers, employees and adolescent groups with the provisions of the act, which shall be included in their annual calendar. (vii) the national judicial academy and the state judicial academies shall include in their annual calendars .....
Tag this Judgment!Court : Supreme Court of India
..... from 2005-06, 3003.39 was divided into 3003 for wholesale and 3004 for retail sale. consequent to amendment of the first schedule to the central excise tariff act, 1985 during the year 2005-06 introducing eight-digit classification system, the product became classifiable under chapter heading 3004 90 14 (medicaments consisting of ..... 33 was that having regard to the composition, the product will come within the purview of note 2 to chapter 33 of the schedule to central excise tariff act, 1985 is without substance. according to the authorities the product contains only subsidiary pharmaceutical value and. therefore, 34 notwithstanding the product having medicinal ..... question, ahaho, merits classification as a medicament under chapter 30 or as cosmetic or toilet preparations under chapter 33 of the first schedule to the central excise tariff act, 1985. for determination of this point, the inquiry would be directed towards the twin tests as noticed above. application of the principles and twin .....
Tag this Judgment!Court : Supreme Court of India
..... upon "completion of the investigation". as such, the 2 interim report is not an "investigation report" under section 212(12) of the act and could not have been considered by the central government under section 212(14) for the purposes of issuing the sanction order; xi) the present case is not a case of invalidity/irregularity ..... a death penalty. the standard of proof is therefore satisfaction beyond reasonable doubt. reliance is placed upon the decision of this court in the case of an advocate v. bar council of india (1989) supp 2 scc criminal appeal nos.2305-2307/2022 etc. page 56 of 103 25 (para 4(1) & (11) and icai v. lk ..... and range of stakeholders increasing by volumes, necessitating proper checks and balances. self-regulation through internal mechanism/procedures, to be underpinned on strong systems and procedures; central government to step in only when mis- governance takes place. in the light of recent experiences in corporate mis- governance, process of audit and functioning of .....
Tag this Judgment!Court : Supreme Court of India
..... 23rd october, 2008, the joint parliamentary committee reconsidered certain issues. the recommendations of the joint parliamentary committee on waqf were considered by the 11 central waqf council. the various issues and the need for amendments to the act have also been considered in consultation with other stakeholders such as the all india muslim personal law board, representatives of the state governments and the ..... committee) in its report submitted to the prime minister on the 17th november, 2006 considered the aforementioned issue and suggested certain amendments to the act relating to women's representation, review of the composition of the central wakf council and the state wakf boards, a stringent and more effective approach to countering encroachments of waqf properties and other matters. the committee stressed the .....
Tag this Judgment!Court : Supreme Court of India
..... the course of which they had made their award. 13 12 air1934pc105 13 c. v. nagarjuna reddy, role of arbitration in the wake of cpc (amendment) act, 1999, the indian council of arbitration, 33 54. it is quite evident from the above-mentioned clause that the bengal regulations contained provisions to enable the parties to refer the dispute to ..... or relating to the sale of goods or merchandise exclusively, not being a note or memorandum chargeable under no.43; (b) made in the form of tenders to the central government for or relating to any loan; 95. the examination of the arbitration agreement at the stage of section 11(pre-referral stage) should be done cautiously in a ..... page 13 of 19 government or of a state government, or by any officer [in the state of jammu and kashmir]. who is duly authorized thereto by the central government].: provided that such document is substantially in the form and purports to be executed in the manner directed by law in that behalf. the court shall also presume .....
Tag this Judgment!Court : Karnataka
..... first test and that alternative methods should have been explored.208. let us now see whether the impugned circular would fail the four-pronged test. in fact, the privy council originally set forth in elloy de freitas v. permanent secy. of ministry of agriculture, fisheries, lands & housing [elloy de freitas v. permanent secy. of ministry of ..... the property to the claimant, after considering the material before it. xv. under section 8(8), when a property is confiscated, special court may direct the central government to 86 restore the property to a person with the legitimate interest in the property, who may have suffered a quantifiable loss as a result of money ..... the said submission on sheer examination of the said provision. section 37a of the act, which was given life in the year 2015, has six sub-sections. sub-section (1) of section 37a empowers the authorized officer prescribed by the central government who has reason to believe that any foreign exchange, foreign security or any .....
Tag this Judgment!Court : Supreme Court of India
..... what, the appellants imply, could be fairer than an independent arbiter having access to all the evidence germane to the dispute between the parties?. the central fallacy of the argument, however, lies in the unspoken assumption that, because the judge sees everything, he is bound to be in a better position ..... application would be sent for security clearance if the applicant is eligible according to the information provided.68 mbl s application was sent for security clearance. central bureau of investigation69 remarked that there was nothing adverse that was found on the record against mbl. however, the intelligence bureau70 made the following adverse ..... service and later re-employed sought the report of the public service commission and the proceedings of the council of ministers. the chief secretary filed an affidavit claiming privilege under section 123 of the evidence act. the claim for privilege was allowed. justice gajendragadkar, writing the majority opinion of the constitution bench, .....
Tag this Judgment!Court : Karnataka
..... in hindi language) and would contend that yet again what is stipulated is only the academic qualification and that the stipulation is wholly in consonance with the central act and rules. he would submit that the endeavour to place before the court the notifications of various governments inviting for applications for employment in the concerned - ..... further and has attempted to draw and demonstrate the fine distinction between the scope of section 3 of the karnataka state civil services act, 1978 and the central act of drugs and cosmetics act, 1940. he would submit that a reading of section 3 would amply clarify its area of operation and the subjects mentioned therein.-. ..... 2005) 3 scc212 the court was called upon to decide whether there was any conflict between the provisions of the all india council for technical education act, 1987 and the a.p. education act, 1982 and whether the state legislation was liable to be declared void and inoperative on the ground that the state legislature was .....
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