Court : Karnataka
Decided on : Aug-09-2024
..... from employment is illegal and without merit. in order to terminate an employee on stigmatic grounds, it is mandatory for an employer to conduct a full disciplinary inquiry in accordance with law and principles of natural justice both of which have been blatantly violated in the present instance. the non-disclosure agreement i was asked ..... the complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion by lodging ..... fall within the mischief of section 354 ipc. needless to say, the common notions of mankind referred to by the learned judge have to be gauged by contemporary societal standards. the other learned judge (bachawat, j.) observed that the essence of a woman's modesty is her sex and from her very birth she possesses .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-09-2024
..... from employment is illegal and without merit. in order to terminate an employee on stigmatic grounds, it is mandatory for an employer to conduct a full disciplinary inquiry in accordance with law and principles of natural justice both of which have been blatantly violated in the present instance. the non-disclosure agreement i was asked ..... the complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion by lodging ..... fall within the mischief of section 354 ipc. needless to say, the common notions of mankind referred to by the learned judge have to be gauged by contemporary societal standards. the other learned judge (bachawat, j.) observed that the essence of a woman's modesty is her sex and from her very birth she possesses .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-09-2024
..... from employment is illegal and without merit. in order to terminate an employee on stigmatic grounds, it is mandatory for an employer to conduct a full disciplinary inquiry in accordance with law and principles of natural justice both of which have been blatantly violated in the present instance. the non-disclosure agreement i was asked ..... the complainant, she ought to have complained in the company before the committee constituted under the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013 ( the act for short) when she was in employment. no such complaint was ever registered. after filing of the suit, criminal law is set in motion by lodging ..... fall within the mischief of section 354 ipc. needless to say, the common notions of mankind referred to by the learned judge have to be gauged by contemporary societal standards. the other learned judge (bachawat, j.) observed that the essence of a woman's modesty is her sex and from her very birth she possesses .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-13-2024
..... of government lands. the lands are granted to those 1430 applicants ranging 2750 acres. 109. the smoke of illegality went up the air which led to an inquiry being conducted at the hands of the jurisdictional assistant commissioner. the assistant commissioner directs the tahsildar to submit a report after conduct of spot inspection of all the ..... known as bagair hukum saguvali samithi was constituted for the purpose of regularization of lands by unauthorized occupants as obtaining under section 94a of the 9 karnataka land revenue act, 1964. the chairman of the samithi was the 1st petitioner, a then sitting member of the karnataka legislative assembly. in terms of the provisions of law, ..... cr.p.c. the learned senior counsel would submit that the present complaint is an abuse of the process of law and the members of the samithi have acted strictly in consonance with law.5. per contra, the learned counsel for the complainant would take this court through the statement of objections so filed by him .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-08-2024
..... kingdom aviation policy is determined by ministers within the legal framework set out by parliament. judges have nothing to do with either policy-making or the carrying out of policy. their function is to decide whether a minister has acted within the powers given to him by statute or the common law. if he is ..... these are added to the complexity of economic regulation, the uncertainty, the liability to error, the bewildering conflict of the experts, and the number of times the judges have been overruled by events self-limitation can be seen to be the path to judicial wisdom and institutional prestige and stability. in premium granites [premium granites ..... ) 4 scc162 ].. (emphasis supplied) (emphasis supplied) in terms of what is laid down in the afore-quoted judgments, what would unmistakably emerge is, for a judge in terms of his 27 inputs, cannot assume the role of a supreme adviser to the administration on policies governing innumerable activities of the state, particularly in today s .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-28-2024
..... the evidence in question is reliable or not or whether on a reasonable appreciation of it accusation would not be sustained. that is the function of the trial judge. judicial process no doubt should not be an instrument of oppression, or, needless harassment court should be circumspect and judicious in exercising discretion and should take all ..... of crime no.35 of 2022 registered for offences punishable under section 498a of the indian penal code and sections 3 and 4 of the dowry prohibition act, 1961 ( the act for short). 32. facts adumbrated are as follows:- the 2nd respondent/wife is the complainant and the petitioner/husband is accused no.1. the two ..... appellant's mother had to file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. the plain reading of the fir and the chargesheet papers indicate that the allegations levelled by the first informant are quite vague, general and sweeping .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-19-2024
..... power a document or thing is believed to be, where it considers the production of the said document or thing necessary or desirable for the purpose of any investigation, inquiry, trial or other proceeding under the crpc.39. section 91 forms part of chapter vii of crpc which is titled processes to compel the production of things . ..... affidavit. the second part of section 145(1) provides that the complainant's statement on affidavit may, subject to all just exceptions, be read in evidence in any inquiry, trial or other proceedings. section 145 is a rule of procedure which lays down the manner in which the evidence of the complainant may be recorded and once ..... , deserves to be summarily dismissed. ... 12. mr. patel further urged, the omission to include the word accused in section 145 of the ni act, 1881 is for an obvious reason which the learned single judges of the karnataka high court and gujrat high court have expounded in the aforesaid decision. it was further urged that, at any rate, no .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-03-2024
..... 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.2, mother in law; accused no.3, father ..... .no.48/2022 for the offences p/u/s323 498a, 504, 506 r/w149of ipc registered by kushalnagar town police station vide annexure-a, pending on the file of civil judge and j.m.f.c., kushalnagar. this petition, coming on for admission, this day, order was made therein as under: coram: hon'ble mr justice m.nagaprasanna oral order the .....
Tag this Judgment!Court : Karnataka
Decided on : Apr-24-2024
..... no.19801 of 2022 of great repute. his magnum opus sri ramayana darshanam a profound epic, secured to him the prestigious jnanapeetha award in 1968. he happened to be the first such awardee from the state. for his invaluable contribution to kannada language & literature, the government of ..... general education, professional education, medical education, technical education, commerce education and special education at all levels in accordance with the provisions of this act. the power to regulate general education necessarily includes the power to do all that, that is necessary therefor and incidental thereto. it cannot ..... bodies. (v) the government has power to issue the impugned order in exercise of power availing under the provisions of the karnataka education act, 1983; even otherwise, it has executive power vested u/a 162 of the constitution. they bank upon certain rulings in support of ..... devoid of merits is liable to be and accordingly dismissed, costs having been made easy. sd/- judge snb/ .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Aug-23-2024
..... the meeting held on 16.05.2010 the members were co-opted and four members were as co-trustees and thereafter respondent no.1 herein has approached the principal district judge, belagavi by filing misc.no.195/2010 invoking section 92 of the cpc for approval of deletion of names of deceased and resigned members/trustees and in addition approval of ..... trust along with two others filed a suit against the petitioner-trust, its chairman and managing committee members in o.s.no.5/2008 before the court of principal district judge, belagavi on 24.09.2008. the said court rejected i.a.no.ii for temporary injunction but allowed i.a.no.iii for appointment of deputy director of public instructions ..... not be gone into, as the very complaint registered and the order passed would run foul of section 27 of the act. whether the inquiry has been conducted in consonance with the principles of natural justice or otherwise need not be gone into. in the result what would unmistakably emerge is the illegality of the .....
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