Court : Karnataka
..... properly so-called either through the medium of a first information report or complaint filed by an investigating authority or complaint and not to quasi-criminal proceedings that are instituted under sections 138/141 of the negotiable instruments act against the corporate debtor, the object of section 14(1) ibc gets subserved, as does the object of section 32-a, which does away with criminal prosecutions in all cases against the corporate debtor, thus absolving the corporate ..... krishna dassi, (1933) 3 comp cas 269, while dealing with section 171 of indian companies act, 1913, predecessor of section 446(1) of the companies act, 1956, held that; section 171 of indian companies act, 1913, was intended to safeguard the company's assets against wasteful and expensive litigation with regard to the matters which are capable of determination more expeditiously and more cheaply in the winding up and that the ..... chandrasekharan, (1951) 21 comp cas 251 (mad), went to the extent of saying that, section 171, indian companies act, 1913, had no application to enquiries, investigations and orders made either by government or statutory bodies in exercise of statutory powers.24 ..... looking at the legislative history and the scheme of the indian companies act, particularly the language of section 446 read as a whole, it appears to us that the expression other legal proceeding in sub-section (1) and the expression legal proceeding in sub-section (2) convey the same sense and the proceedings in .....
Tag this Judgment!Court : Karnataka
..... day, the court made the following:- 3 order the petitioner is before this court calling in question an order dated 05-03-2021 by which the 2nd respondent suspends its registration under the foreign contribution (regulation) act, 2010 ( the act for short) and sought a consequential relief against the orders passed aftermath of the aforesaid order and has further sought a direction by issuance of a writ in the nature of mandamus to consider the ..... and conditions of the certificate or renewal thereof; or (c) in the opinion of the central government, it is necessary in the public interest to cancel the certificate; or (d) the holder of certificate has violated any of the provisions of this act or rules or order made thereunder; or (e) if the holder of the certificate has not been engaged in any reasonable activity in its chosen field for the benefit of the society for two consecutive years or has become defunct. ..... is found in sub-section (3) which permits no registration under the act for an entity which suffered cancellation for a period of three years ..... finding of the apex court is that sebi has not issued any instruction or direction under section 11 of the act therein, which requires that rules of natural justice be complied with. ..... act, the petitioner receives funds from foreign contributors as well as from indian ..... liberty is, however, reserved in the union of india, if it finds necessary, to act in accordance with law bearing in mind the observations made in the course of the .....
Tag this Judgment!Court : Karnataka
..... judgment of the trial court also does not arise as the appellant herein is the bonafide purchaser and the suit is a 35 collusive suit and detailed discussion is made by this court that it attracts section 58 of the evidence act and the trial court has rightly come to the conclusion that the appellant herein is the bonafide purchaser and suit is a collusive suit.30. in view of the discussion made above, i pass the following: order (i) ..... but this court comes to the conclusion that in 32 view of clear admission on the part of pw1 as well as dw1 and as per section 58 of the evidence act, there is no need to come to an other conclusion, since this court has already come to a conclusion that it is a collusive suit since the admission is also not a stray admission and though dw1 categorically admitted the fact that ..... the counsel also brought to notice of this court with regard to section 58 of the indian evidence act, 1872 wherein it is stated that once there is an admission, there cannot be any proving of the admitting fact and in keeping the said contention, this court intends to extract section 58 of the indian evidence act which reads thus: 58. ..... having considered these principles as well as considering section 58 of the indian evidence act and also the admission available on record i.e. ..... section 58 of the indian evidence act is very clear that admitted fact need not be proved ..... it is a settled law that admitted fact need not be proved in terms of section 58 of the indian evidence act. .....
Tag this Judgment!Court : Karnataka
..... (cid:17) (cid:7) (cid:22) (cid:23) (cid:17) (cid:25) " l (emphasis added) 16 the impugned order debars the petitioner for a period of three years under section 14a(2) of the karnataka transparency in public procurements act, 1999 (hereinafter referred to as the act for short) and further action is directed to be taken under rule 26b and 26c of the karnataka transparency in public procurements rules, 2000 (hereinafter referred to as the rules for short).9. ..... ktr constructions a partnership firm registered under the indian partnership act, 1932 having its registered office at: no.484, a and b block, ground floor chitrabhanu road, kuvempu nagara mysuru 570 023 represented by its partner and authorised signatory mr. ..... (4) the tenderer so debarred under sub section (2) shall not be entitled to apply to participate in tenders called by any procurement entity under this act during the period so debarred. ..... the act itself thus mandates that opportunity of being heard is to be granted to any person before action is taken under section 14a. ..... contractor welfare and recreation club as at no point of time, the petitioner was issued any notice seeking to show as to why it should not be debarred from participating in any contract of government invoking power under section 14a(2) of the act. .....
Tag this Judgment!Court : Karnataka
..... following: judgment the accused has stood convicted for the offences punishable under sections 376 (2) (i)(n) and 506 of indian penal code ( ipc for short), and section 6 of the protection of children from sexual offences act ( pocso act for short) and sentenced to life under section 6 of the - 3 - nc:2024. ..... khc:21233-db crl.a no.1247 of 2018 the capacity of a public servant, for section 77 of the evidence act clearly states that certified copies may be produced in proof of contents of the public document or parts of the public documents of which they purport ..... sentence imposed by the trial court for the offence under section 6 of the pocso act is modified, he is sentenced to rigorous imprisonment for 10 years and fine of rs.25,000/- and in default to pay fine he shall undergo simple imprisonment ..... be stated here that date of birth certificate from the school as mentioned in section 94 (2)(i) of jj act takes the meaning that it is none other than extract of admission register where date of birth finds a ..... learned spp-ii for respondent no.1 argued that ex.p8 is an extract of school admission register which is a public document within the meaning of section 74 of the indian evidence act ( evidence act for short). ..... with him for the simple reason that the entry was made by the concerned official in the discharge of his official duties, that it is therefore clearly admissible under section 35 of the evidence act and that it is not necessary for the prosecution to examine its author ...20. .....
Tag this Judgment!Court : Karnataka
..... it is not that the security of state or the like was involved and therefore, kind of the norm enacted in section of 128 of the indian evidence act, 1972 was invokable. ..... ,advocate) this writ appeal filed u/s4of the karnataka high court act praying to set aside the order passed in the writ petition254402009 dated2403/2015. .....
Tag this Judgment!Court : Karnataka Dharwad
..... no.100145 of 2021 r.s.nayak and another, reported in (1988) 2 scc602 further, learned counsel for the appellant submits that, on perusal of the provisions of the juvenile justice (care and protection of children) act, 2015 as well as the posco act and also the provisions of the ipc, it shows that, if a juvenile is above 16 years of age, looking to his mental maturity, he can either be tried by the jjb or case may be transferred to the children's ..... iii) whereas, the order of conviction and sentence passed for the offence under section 3(2) (v) of the schedule caste and schedule tribes (prevention of atrocities act), 1989 dated 09.04.2021 passed by the additional district and sessions judge, ftsc-1, haveri is hereby set aside and the consequently, the - ccl is acquitted of the said charges ..... provided by the officers, individuals, agencies producing the child shall be reviewed by the board and the board may pass such orders in relation to the child as it deems fit, including orders under sections 17 and 18 of the act, namely: (i) disposing of the case, if on the consideration of the documents and record submitted at the time of his first - 29 - nc:2024:khc-d:7986-db crl.a. ..... an inquiry relating to a child alleged to be in conflict with law, the board shall ensure that the inquiry is not conducted in the spirit of strict adversarial proceedings and it shall use the powers conferred by section 165 of the indian evidence act, 1872 (1 of 1872) so as to - 31 - nc:2024:khc-d:7986-db crl.a. .....
Tag this Judgment!Court : Karnataka
..... it is the burden casts on the defendants, who are propounders have to prove the will in terms of the section 63 of the indian succession act, 1956 and section 68 of the indian evidence act, 1872, but none of the attesting witnesses have been examined by the propounders of the will. ..... respect of the execution of the will propounded, such pleas may have to be proved by the caveators; but, even without such pleas circumstances may raise a doubt as to whether the testator was acting of his own free will in executing the will, and in such circumstances, it would be a part of the initial onus to remove any such legitimate doubts in the matter.21. ..... shall have to discharge their burden in proving execution of will as per section 63 of the indian evidence act and under section 68 of indian evidence act and under section 68 of the indian evidence act and this principle of law is no longer res integra.18. ..... revoked the second will and executed the third will dated 15.06.2001 it is the burden cast on the defendants to prove the will as contemplated under section 68 of the indian evidence act and under section 63 of indian succession act otherwise, it cannot be said that the execution of will is proved.32. ..... say that the will has to be proved like any other document except as to the special requirements of attestation prescribed by section 63 of the indian succession act, as in the case of proof of wills it would be idle to expect proof with mathematical certainty. ..... the privy council in shiam .....
Tag this Judgment!Court : Karnataka
..... 244 wherein the hon'ble supreme court has held as follows:- " from the resume of the understanding of the term "professional or other misconduct", as it appeared in the bar councils act, or, as it is found in the advocates act, it appears that the term 'misconduct' appearing in the respective sections has to be examined, with the lens of propriety, decency and worthy living and the fitness of the person to be ..... the advocate-general an opportunity of being heard, may make any of the following orders, namely: a) dismiss the complaint or, where the proceedings were initiated at the instance of the state bar council, direct that the proceedings be filed; (b) reprimand the advocate; (c) suspend the advocate from practice for such period as it may deem fit; (d) remove the name of the advocate from the state ..... the conduct of an advocate alleging that such conduct is a misconduct, either professional or otherwise, the bar council of tamil nadu has to act upon the said complaint under section 35 of the advocates act, 1961 [hereinafter referred to as "the act"].. ..... sections 35 of the advocates act, 1961, enables the bar council to inquire into (i) complaints of professional misconduct ..... the bar council refused to entertain the complaint, as the conduct complained of, was not against any act of omission or commission by ..... misconduct otherwise has to be judged by the bar council which has to be satisfied about the commission of such misconduct, as technically understood under the advocates act. .....
Tag this Judgment!Court : Karnataka Dharwad
..... it was further pointed out that the same principle will apply to an admission in a signed pleading, and that, so far as indian law is concerned, there can be no doubt that under the provisions of the evidence act, an admission contained in a plaint or written statement or an affidavit or any sworn deposition given by a party in a prior litigation will be regarded as an admission in a subsequent action, though it is capable of rebuttal. ..... the veracity and authenticity of the gazetteers being established, i am of the considered opinion that in terms of section 56 of the indian evidence act, this court can take cognizance of, as also take judicial notice of the contents of the said gazetteers which give a history of people and places, which includes that of shri. ..... assuming the contentions of shri raghavendra swamy mutt and respondents 6 to 15 to be true, this alleged mistaken belief having been acted upon for last 400 and more years and the aradhana being performed as that of shri raghuvarya teertharu, it is only in the year 1985 that nirupa was issued just prior to the death of peetadhipati, this ..... ameet kumar deshpande is that in terms of section 81 of the indian evidence act, there is a presumption as to the contents of the gazetteer and this court would have to take the same into account to be genuine and accept the contents thereof. ..... ulhasnagar municipal council [(1970) 1 scc582 wherein this court held: (scc p. .....
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