Court : Karnataka
Decided on : Sep-23-2014
..... but has to be given a broad interpretation.15. he also contended that having regard to the fact that grave charges of corruption and allegations under the pc act and the ipc having been made against the petitioner herein and having regard to probity and purity in the matter of recruitment by the state psc and also the fact that ..... is even less suited to this task, for the philosophy and the ideologies underlying it must of necessity be expressed in broad and general terms and the process of amending a constitution is slow and cumbersome one to meet the immediate needs. therefore, by a judicial interpretation made by the courts, the law and particularly, the constitution can ..... thereafter, f.i.r. was lodged against the petitioner and others in vidhana soudha police station on 25/06/2013 under various provisions of the p.c.act as well as the ipc against the petitioner as well as others.7. at para 4 of the statement of objections filed on behalf of the respondents, it has been averred that .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jun-18-2014
..... to 2008-2009 and also directed the respondents not to precipitate the matter till the next date of hearing. however, the petitioners were given liberty to file applications for amendment and ordered to list the writ petitions on 15.04.2014. on 15.04.2014, the writ petitions filed in the year 2014 were listed along with writ petitions ..... observing that the enactment was passed in the year 1992 but the constitutional validity is challenged by the petitioners in the writ petitions 22 years after passing the said act in the year 2014 and that it is settled law that the initial presumption is that the statute passed by the state legislature or the parliament as valid unless ..... memo filed for posting ia-ii/2014 (vacating interim order). if the impugned order had been passed in an appeal filed under section 4 of the karnataka high court act, the matter would stand on a different footing. in our considered opinion, keeping in view the order made on 15.04.2014, the vacation bench entertaining a memo .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-28-2014
..... as a mandatory solution to the central government, state government and the authorities who are empowered to accord sanction under section 19 of the p.c. act, 1988, till a proper amendment is brought to the statute. 23. in the above said backdrop, it is just and necessary for this court to remind some of the decisions ..... file complaint against public servant, and to obtain sanction for prosecuting public servant flows from rule of law (per ganguly, j., supplementing)- access to justice is hallmark of indian constitutional scheme- freedom of a private citizen to proceed against a corrupt public servant cannot therefore be restricied- on facts held; prime minister's office (pmo) and ..... for taking appropriate action u/s. 13 (1) (b) read with section 13(2) of prevention of corruption act and also u/s. 120, 120b, 406, 408, 409, 420, 465, 468, 477a read with section 149 of ipc. so far it relates to this complaint, the complainant has issued requisition letter to chief secretary to the government .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-28-2014
..... as a mandatory solution to the central government, state government and the authorities who are empowered to accord sanction under section 19 of the p.c. act, 1988, till a proper amendment is brought to the statute. 23. in the above said backdrop, it is just and necessary for this court to remind some of the decisions ..... file complaint against public servant, and to obtain sanction for prosecuting public servant flows from rule of law (per ganguly, j., supplementing)- access to justice is hallmark of indian constitutional scheme- freedom of a private citizen to proceed against a corrupt public servant cannot therefore be restricied- on facts held; prime minister's office (pmo) and ..... for taking appropriate action u/s. 13 (1) (b) read with section 13(2) of prevention of corruption act and also u/s. 120, 120b, 406, 408, 409, 420, 465, 468, 477a read with section 149 of ipc. so far it relates to this complaint, the complainant has issued requisition letter to chief secretary to the government .....
Tag this Judgment!Court : Karnataka
Decided on : Oct-28-2014
..... a mandatory solution to the central government, state government and the 42 authorities who are empowered to accord sanction under section 19 of the p.c. act, 1988, till a proper amendment is brought to the statute.23. in the above said backdrop, it is just and necessary for this court to remind some of the decisions of ..... file complaint against public servant, and to obtain sanction for prosecuting public servant flows from rule of law (per ganguly, j., supplementing)- access to justice is hallmark of indian constitutional scheme- freedom of a private citizen to proceed against a corrupt public servant cannot therefore be restricted- on facts held; prime minister s office (pmo) and ..... for taking appropriate action u/s.13 (1) (b) read with section 13(2) of prevention of corruption act and also u/s.120, 120b, 406, 408, 409, 420, 465, 468, 477a read with section 149 of ipc. so far it relates to this complaint, the complainant has issued requisition letter to chief secretary to the government .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-30-2014
..... of court fee. during the final hearing of this appeal, the plaintiff had filed an application before this court under order vi rule 17 cpc, to amend the prayer to incorporate the following additional prayer: a [i]. or in the alternative to declare that the terms of compromise dated 29.07.1999 entered in ..... contention of the first defendant is as hereunder: the suit is not maintainable, since no notice as required under section-125 of the karnataka cooperative societies act is issued to the first defendant-society. the first defendant-society admitted its ownership of the land in 12 question by the society and having obtained sanction ..... second defendant initiated arbitration proceedings against the society in a.c. no.42/2000 before city civil court, bangalore under section-9 of the arbitration and reconciliation act to restrain the society from alienating or encumbering or parting with the possession of the 7 flats approximately measuring 10045 sft. thereafter, an arbitrator was appointed. .....
Tag this Judgment!Court : Karnataka
Decided on : Nov-03-2014
..... 226 and 227 of the constitution of india praying to declare sub clause zzzzv & zzzzw to clause 105 of sec.65 & 66 of the finance act 1964 as amended by the finance act-2011 is beyond the legislative competency of the parliament. 3 in w.p.no.52327/2013 between: bruhat bengaluru hotels association (r) no.87, shresta ..... & restaurant association of india and, in particular, on the aspect theory is, therefore, apposite and should be upheld by this court. 27. the bombay high court in indian hotels and restaurant association (supra) while distinguishing between tax on sale or purchase of goods and tax on service, has borne in mind article 366 (29a) (f) of ..... exclusive. a transaction or activity may consist of different elements providing for or attracting different nature of levy. c) in escotel mobile communciations ltd. vs. union of indian and others reported in (2002) vol.126 stc475(kerala), it has been held that: while the state legislature is competent to impose tax on sale by a legislation .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-14-2014
..... been different than what is now recorded. even the attestor's testimony is sought to be questioned by the learned counsel.14. relying on section 59 of the indian succession act, she would submit, as the testator is shown to have attained 89 years at the time of execution of the will, evidence establishing he was in good ..... . 3j. kousar sultana, d/o peer ahmed, aged about21years. 3k. samira taj, d/o peer ahmed, aged about20years. all are resident of ijoor, ramanagaram town. ..appellants (amended vide court order dt:28. 05.2013) (by sri. sridevi, adv.) and mahaboob bi w/o mohammed peer sab d/o late abdul khader aged about63years r/at no.1727 ..... hosur banu, aged about18years. 3k. sameena banu, minor, represented by natural guardian peer ahmed. all are residing at no.1727, ijoor mohalla, behind ksrtc bus stand, ramanagaram. ..respondents (amended vide court order dt:28. 05.2013) (by sri n m sanaulla & sridevi) rsa filed u/s. 100 of cpc against the judgement & decree dated:29.06.2009 passed .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Jul-30-2014
..... the said judgment and decree dated 31.03.1980, an appeal was filed under section 96 of cpc in rfa1951980 before this court. in view of amendment to section 19 of the karnataka civil courts act and in view of enhancement of 8 pecuniary jurisdiction of the district court, appeal stood transferred from this court to the district court, dharwad and ..... the details of the marriage. taking into consideration the inconsistent stand of the 1 s t defendant and the manner in which he has chosen to get his written statement amended two years after the filing of the original written statement and the inconsistencies and suppression of material aspects from the 31 purview of the court by dws. 1 to ..... his only wife and defendants 5 2 to 4 are born out of his marriage with balawwa. two years after the filing of the written statement, it was got amended to include some material averments. according to the 1 s t defendant, the said venkavva was a lady of loose character and that she had lived with one desai .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-26-2014
..... taking that into consideration as on the date of marriage i.e., on 10.5.1974, she has attained the age of 15 years. by way of amendment to the hindu marriage act, the age is enhanced from 15 to 18 which is subsequent to the marriage i.e., with effect from 1.10.1978. in that view of the matter ..... of the deceased devendrappa. pw2 being the mother of the deceased has deposed as to the marriage of devendrappa with the 1st plaintiff. referring the hindu marriage act, 1955 as regards the amendment of marriageable age enhanced from 15 to 18 years, observed that at the time of marriage of 1st plaintiff she was aged more than 15 years and also ..... is also the vivid evidence of all the witnesses on behalf of the plaintiff. after thorough analysis of section 5 and other provisions like section 18 of the hindu marriage act, also referring to section 11 and 12 which deal with void and voidable marriages, this court in mallikarjunaiahs case, cited supra has that though legislature desired to discourage .....
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