Court : Karnataka
..... of 2017 c/w crl.p no.463 of 2018 respondent as regards the company and its directors, whereas the submission made by sri. hasyagar is with reference to the indian partnership act, 1932, more particularly, the liability of a partner vis- -vis another partner, as also vis- -vis the firm. 20.15. in the present case it is not in dispute ..... the same footing as a company. a request is made to the law commission of india to have a relook at section 141 in light of the provisions of the indian partnership act, 1932. 20.25. the law however being what it is, the explanation equating a company to a partnership firm which has been interpreted by the hon ble apex court ..... not be required to contain anything more in view of what has been set out at the inception coupled with the copy of the board resolution. there is no reason to otherwise annex a copy of the board resolution if the complaint was not being filed by the appellant on behalf of the company. 14.4. by relying on bhupesh rathod s .....
Tag this Judgment!Court : Karnataka
..... of 2017 c/w crl.p no.463 of 2018 respondent as regards the company and its directors, whereas the submission made by sri. hasyagar is with reference to the indian partnership act, 1932, more particularly, the liability of a partner vis- -vis another partner, as also vis- -vis the firm. 20.15. in the present case it is not in dispute ..... the same footing as a company. a request is made to the law commission of india to have a relook at section 141 in light of the provisions of the indian partnership act, 1932. 20.25. the law however being what it is, the explanation equating a company to a partnership firm which has been interpreted by the hon ble apex court ..... not be required to contain anything more in view of what has been set out at the inception coupled with the copy of the board resolution. there is no reason to otherwise annex a copy of the board resolution if the complaint was not being filed by the appellant on behalf of the company. 14.4. by relying on bhupesh rathod s .....
Tag this Judgment!Court : Karnataka
..... of the bill further stipulates that the article 371j in the form of a special provision seeks to provide for: (a) establishment of a separate development board for the aforesaid region mentioned above; (b) provide for equitable allocation of funds for development over the said region subject to the requirements of the state ..... the rights of the oci cardholders cannot be claimed beyond the notification issued under section 7b of the citizenship act. he submitted that therefore, the rationale lies in not grouping the oci cardholder with indian citizen for applying 371j reservation. 4.5 learned additional government advocate mr. m.n.sudev hegde for respondent ..... the state of karnataka, provide for any special responsibility of the governor for (a) establishment of a separate development board for hyderabad-karnataka region with the provision that a report on the working of the board will be - 13 - placed each year before the state legislative assembly; (b) equitable allocation of funds for .....
Tag this Judgment!Court : Karnataka
..... are placed on record depicting crimes so registered by the 2nd respondent against several other persons including the 1st petitioner for offences punishable under section 498a of the ipc that is now alleged. the learned senior counsel would submit that there is not even a speck of ingredient of the offences and the complainant has dragged ..... relationship of the 1st petitioner with the complainant blooms. on 08-09-2022, the 2nd respondent registers a complaint alleging offences punishable under section 376 of the ipc barely after 15 days of the aforesaid meeting and blooming of the relationship. on 19-09-2022, it appears that the 2nd respondent registers another complaint where it ..... court calling in question registration of a crime in crime no.48 of 2022 registered for offences punishable under sections 323, 498a, 504, 506 and 149 of the ipc pending before the civil judge and jmfc, kushalnagar.2. facts, in brief, germane are as follows:- accused no.1/petitioner no.1 is the husband; accused no .....
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..... registered by the respondent hebbagodi police in cr.no.0329/24 for the offences punishable under section8c), 22, 25, 27(a) and27b) of the ndps act, 1985 and under sections290and294of the ipc and the complaint dtd. 20.05.2024 herein produced at annx-a and b respectively in so far as the petitioner is concerned. this writ petition ..... under sections 8(c), 22(b), 22(c), 22(a), 27(b), 25, 27 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short) and sections 290 and 294 of the ipc.2. heard sri prabhuling k.navadgi, learned senior counsel appearing for the petitioner and sri p.thejesh, learned high court government pleader ..... , space, place, animal or conveyance, knowingly permits it to be used for the commission by any other person of an offence punishable under any provision of this act, shall be punishable with the punishment provided for that offence. (emphasis supplied) section 25 deals with punishment for allowing the premises to be used for commission of offence .....
Tag this Judgment!Court : Karnataka
..... emphasizes that it is the duty of the commercial court to set aside awards that violate the fundamental policy of indian law or contractual provisions, as outlined in section 34 of the arbitration and conciliation act, 1996. he has also cited instances where the arbitral tribunal 16 erred in awarding finance charges contrary to clause ..... claims 8 to 32 10 was set aside, citing contravention of the fundamental policy of indian law and patent illegality. both parties now seek to appeal this decision.34. the arbitral tribunal, constituted under the arbitration and conciliation act, 1996, conducted a thorough examination of the evidence and contractual terms before issuing its award ..... of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute.].25. further, section 37 of the arbitration and conciliation act, 1996 reads thus:37. appealable orders. (1) 2[notwithstanding anything contained in any other .....
Tag this Judgment!Court : Karnataka
..... emphasizes that it is the duty of the commercial court to set aside awards that violate the fundamental policy of indian law or contractual provisions, as outlined in section 34 of the arbitration and conciliation act, 1996. he has also cited instances where the arbitral tribunal 16 erred in awarding finance charges contrary to clause ..... claims 8 to 32 10 was set aside, citing contravention of the fundamental policy of indian law and patent illegality. both parties now seek to appeal this decision.34. the arbitral tribunal, constituted under the arbitration and conciliation act, 1996, conducted a thorough examination of the evidence and contractual terms before issuing its award ..... of doubt, the test as to whether there is a contravention with the fundamental policy of indian law shall not entail a review on the merits of the dispute.].25. further, section 37 of the arbitration and conciliation act, 1996 reads thus:37. appealable orders. (1) 2[notwithstanding anything contained in any other .....
Tag this Judgment!Court : Karnataka
..... would submit that these are all matters of investigation, which cannot be interdicted at this juncture, particularly when the offences are punishable under section 7 of the act or ipc offences inter alia. the offences would all crystallize only after conduct of investigation and filing of a final report. for the perusal of the court, the ..... calling in question crime in crime no.454 of 2023 registered for offences punishable under sections 409, 465, 201, 110 of the ipc and section 7 of the prevention of corruption act, 1988 ( the act for short) pending before the iv additional chief metropolitan magistrate, bengaluru city.2. facts, in brief, adumbrated are as follows:- the ..... bengaluru as against the petitioner herein who is arraigned as accused no.1 and one another for the offences punishable under sections110 201, 409, 465 of ipc and section7of prevention of corruption act, 1988, pending on the file of the hon ble iv addl.cmm, bengaluru city, in so far as petitioner / accused no.1 herein .....
Tag this Judgment!Court : Karnataka
..... , alter or destroy valuable security or anything signed or sealed and capable of being converted into valuable security. thus, cheating is an essential ingredient for an act to constitute an offence under section 420 ipc.37. the following observation made by this court in uma shankar gopalika v. state of bihar [uma shankar gopalika v. state of bihar, (2005) 10 ..... r no.rc0042022 a0005 dated 20-04-2022 for the offence punishable under section 5(1)(d) and section 5(2) of the jammu kashmir prevention of corruption act and under section 120(b) of ipc. iii. w.p.no.(c) 699 of 2024 filed in high court of jammu kashmir and ladak at jammu. iv. the securities of exchange ..... board of india have registered the case against rupen patel utm/gm/cfd28/2019-20 under section111) and112) h of securities of exchange board of india act. v. income tax appellate tribunal .....
Tag this Judgment!Court : Karnataka
..... the petitioners are before this court calling in question registration of a crime in crime no.601 of 2023 registered for offence punishable under section 304a of the ipc pending before the additional chief judicial magistrate (acjm), bengaluru rural, bengaluru. the 1st petitioner is the executive engineer and the 2nd petitioner is the assistant ..... that the complainant, his wife who was 23 years old and his daughter who was 9 months old were returning from tamilnadu. after alighting at silk board they boarded bmtc4bus, alighted near whitefield itpl main road and were walking on the footpath. when they reached hope farm, the wife of the complainant who was carrying ..... , the learned additional state public prosecutor would refute the submissions to contend that the matter is still at the stage of investigation. the role, responsibility or act allowing the live wire on the street, upon which the wife and the child of the complainant trampled upon, is attributable to some officers, five of whom .....
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