Court : Karnataka
Reported in : 1978CriLJ1233
N.D. Venkatesh, J.1. Since an important question of law is involved in these petitions, the same have been referred to the Division Bench by Nesargi, J. The question of law involved is whether the impugned orders are 'interlocutory orders' as contemplated under Section 397 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the Code) and therefore the revisions in question are barred?2. The facts that gave rise to these petitions briefly stated are these:These petitions have been filed under Section 397 (1) of the Code.Cr. R.P. No. 205 of 1975 has been filed by the respondents in Cr. Mis. No. 24 of 1974-75 on the file of the Sr. Divisional Magistrate, Pandavapura, against the order of that Court made under Section 112 of the Code; Cr. R.P. 296 of 1975 has been filed by some of the respondents in No. CR/MAG/40/74-75 on the file of the Sub-Divisional Magistrate Kopala, Raichur District, against the order of that Court taking steps against them under Section 107 of the...
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR536; 1984(1)KarLJ82
..... detention are these.first, that on 8-1-1982 at about 2 a.m., at davangere bus stand, central excise authorities intercepted the detenu when he alighted from the incoming bus from bombay and found him carrying 53 wrist watches of foreign origin valued at rs. 17,800/.the second incident is stated to have occurred on 9-4-1982 ..... of the mind of the detaining authority and, therefore, there is no genuine subjective satisfaction at all. this may be on account of the fact that the past acts of the detenu are so stale that their susceptibility for prognosis for the future ceases or that the order of detention made after such unexplained delay does not admit of ..... .g. ravi @ h.raju be detained. now, therefore, in exercise of the powers conferred by section 3(l)(iii) of the conservation of foreign exchange and prevention of smuggling activities act. 1974, the government of karnataka hereby direct that the said sri h.g. ravindra @ h.g. ravi @ ravi kumar @ h. raju' be detained and kept in custody in .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR175
..... be said to have taken cognizance of the complaints. after thus taking cognizance and considering the facts placed before them, the learned magistrates have ordered issue of process acting under section 204 of the code. they have not committed any error of law or procedure in the matter of issuing process summoning the accused.25. in the ..... for instituting a case' in this order he was actually taking action under section 202 that being the only section under which he was, in law, entitled to act.the fact that sub-inspector of police treated the copy of the petition of complaint as a first information report and submitted 'charge-sheet' against the accused persons ..... taking cognizance. issuing of a search warrant for the purpose of an investigation or of a warrant of arrest for that purpose cannot by themselves be registered as acts by which cognizance is taken of an offence. it is only when a magistrate applies his mind for the purpose of proceeding under section 200 and subsequent sections .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant1
..... urged before us that the learned civil judge had no jurisdiction to exercise the powers contemplated tinder o. xxii, r. 4 (4), civil p. c. as amended by the amending act of 1976.4. as against that, the learned counsel appearing for the respondents plaintiffs argued supporting the judgment and order of the learned civil judge.5.the sole question of ..... may also be noted in this context that though the provision, namely, o. 22, r. 4 (4), c.p.c., were incorporated in the civil p. c. by the amending act, 1976. the said provision already existed in the civil p. c. applicable to karnataka right from the year 1969. hence, no argument, was advanced before us that the provision was .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant95; 1984(1)KarLJ9
..... statements were gone through and the counsel were heard with regard to . their respective statements.since the time for making and publishing the award as per the arbitration act had expired. the claimants were asked to file an application before the civil judge. bangalore. for extension of time by a months from the date of its ..... ) power corporation limited and the chief engineer. s. v. p. cell. water development organisation. made an application under section 30 read with section 33 of the arbitration act. 190. to declare the award produced into court by the arbitrators as one made without jurisdiction and to set aside the same. according to them. the arbitrators have misconducted ..... . bangalore city. in original suit no. 150 of 197 . on his file. rejecting the applicable made under section 30 mad with section 33 of the arbitration act. 1940 and directing that a decree be passed in terms of the award passed by the arbitrators.2.the karnataka state entered into two agreements dated 21-9-1960 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1985Kant118; 1985(1)KarLJ149
..... the date of the communication of the order of confiscation. the context in which the expression 'communication to him of such order' occurs in s. 6c(l) of the act, means nothing but the communication of the actual order of confiscation and not a mere communication of the fact that an order of confiscation has been passed, if the order ..... the essential contents of the award. these contents may be known either actually or constructively. if the award is communicated to a party under s. 12(2) of the act, the party must be obviously fixed with knowledge of the contents of the award whether he reads it or not. similarly when a party is present in court either personally ..... through his representative when the award is made by the collector, it must be presumed that he knows the contents of the award. having regard to the scheme of the act, we think that knowledge of the award must mean knowledge of the essential contents of the award.'similarly, this court in the case reported in (1981) 1 kant lj .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1985Kant228; ILR1985KAR1277; 1985(2)KarLJ115
..... interest charged by banks. 10. it seems to us, that learned counsel may not be correct in his submission. sec. 21a introduced by the banking laws (amendment) act, 1983, (act no. i of 1984) reads as follows:'21 a. rates of interest charged by banking companies not to be subject to scrutiny by courts. - notwithstanding anything contained ..... to prescribe or regulate the interest rate structure on advances or other financial accommodation to be made by commercial banks. s. 46(4) of the banking regulation act confers power on the reserve bank to impose penalty for contravention of its order, rule or direction. the interest charged by banks on transactions should therefore be in ..... in violation of the direction of the direction of the reserve bank, the court could give relief to the aggrieved party notwithstanding s. 21a of the banking regulation act. the interest charge beyond the rate prescribed by the reserve bank would be illegal and void. we cannot, therefore, allow the claim of the bank on .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant75; ILR1985KAR1930
..... filed an application 1. a. 8 to overrule the objections of the defendants and decree the suit straightway.5. learned counsel savanur relied on ss. 4 to 6 of wakf act, 1954. s. 6 which is material to this case. reads:'6. disputes regarding wakfs :- (1) if any question arises whether a particular property specified as wakf property in a list ..... relied on bangalore city corporation v. mysore state board of wakfs, (1973) 1 mys u 103 (air 1973 mys 189). this court held:'the wakfs board's jurisdiction under the act is confined to matters of administration of wakfs and not to adjudicate question of title. ss. 4 and 6 do not invest the commissioner or the wakf board with authority .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant12; ILR1986KAR1523
..... the board has contributed rs. 11,000/- for the purpose of construction of the mosque. the petitioner has failed to have the wakf registered under chap. iv of the act. if only the petitioner had got it registered as wakf, it would have been entered in the register of wakfs which is required to be maintained under s. 26 of ..... his own or at the instance of the members of the muslim community of the village it was his duty to have the wakf registered under chap. iv of the act. in addition to this, it is pertinent to note that the board has contributed considerable sum for reconstruction of the mosque in question. it is stated in the petition ..... the board to ensure that the wakfs under its superintendence are properly maintained, controlled and administered and the income thereof is duly applied to the objects and purposes for which wakfs were created or intended. under s. 15(2)(g) of the act, one of the functions of the board is to appoint and remove mutawallis in accordance with the provisions .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1987KAR715
..... effectthus, where in a suit for declaration of title and possession of agricultural land, the defendant contended that he was a tenant of the land from 1954 to 1961 and, thereafter, became owner, pursuant to an agreement for sale and family arrangement, held that the civil court has jurisdiction to try the issue relating to ..... has vested in the state government. therefore, the question of tenancy referred to by the plaintiff refers only to the past tenancy.12. section 133 of the land reforms act reads, as --'suits, proceedings, etc., involving questions required to be decided by the tribunal.-- (1) notwithstanding anything in any law for the time being in force - ..... was the tenant under one smt. padmavathamma and later under one smt. hemavathi, the 1st defendant. the tenancy ceases after coming into force the karnataka land reforms act and the land vests with the government. the said hemavathi lost her right. she do not have any manner of right, title or possession interest over the property .....
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