Court : Karnataka Dharwad
Decided on : Mar-20-2024
..... intended to favour someone; or whether the process adopted or decision made is so arbitrary and irrational that the court can say:"the decision is such that no responsible authority acting reasonably and in accordance with relevant law could have reached"; (ii) whether public interest is affected. if the answers are in the negative, there should be no interference under ..... w.p.no.100625/2023 and dismiss the writ petition. in writ appeal no.100567 of2023between: raghava construction india pvt. ltd., a company incorporated under the provisions of the companies act, 2019. having registered office at, raghava pride, h.no.8-2-603/1/27 and28 road no.10, banjara hills, hyderabad-500034, represented herein by its managing director mr. ..... no.100566 of 2023 c/w wa no.100567 of 2023 22. it is hereby clarified that this judgment will not come in the way of authorities initiating any inquiry against any erring official of respondent no.1, if there is any. sd/- judge sd/- judge ckk list no.:1. sl no.:4. .....
Tag this Judgment!Court : Karnataka
Decided on : Jan-09-2024
..... appeal is hereby dismissed. (ii) the impugned judgment and decree dated 18.10.2019 passed in o.s.no.2621/2017 by the iii addl. city civil & sessions judge, bengaluru city, is hereby confirmed. (iii) the appellant defendant is granted time upto 31.07.2024 to quit and deliver vacant possession of the suit schedule property to the ..... under sec.96 of cpc, 1908, against the judgment and decree dated1810.2019 passed in os.no.2621/2017 on the file of the iii additional city civil and sessions judge, bengaluru, partly decreeing the suit for possession and damages. this appeal, coming on for further hearing, this day, the court delivered the following: - 2 - nc: ..... court, in calcutta credit corpn. ltd. v. happy homes (p) ltd. [(1968) 2 scr20: (1968) 2 an wr42: (1968) 2 scj291: (1968) 2 mlj42: air1968sc471 in that decision, too, the supreme court pointed out that under section 113 of the transfer of property act the act which operates as a waiver must show an intention to treat the lease as subsisting .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-2024
..... no scope for the invocation of any of the propositions in bhajan lal supra. it hardly needs to be stated that at the stage of taking cognizance, learned judge has done the exercise in a normative way, and rightly he did not hold the mini-trial. the prayer for quashment of impugned proceedings structured on a contra ..... congress today stays exposed before the country. they have waged war on the democracy of this nation @rahulgandhi, do you any shame left?. speak out!! (2) learned judge of the court below on perusal of the complaint took cognizance of the offence by the impugned order dated 02.11.2019 and further, having recorded the sworn statement of ..... inclusively defined u/s 11 of ipc; even otherwise, section 3(42) of the general clauses act, 1897 expansively defines this word. the contents of the complaint taken at their face value reflect commission of the offence of defamation and therefore, learned judge of the court below has rightly taken cognizance of the same. at that stage, it is .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-28-2024
..... 's right to receive maintenance under section 125 crpc, unless disqualified, is an absolute right.15. while determining the quantum of maintenance, this court in jasbir kaur sehgal v. district judge, dehradun [(1997) 7 scc7 has held as follows : (scc p. 12, para8) 8. the court has to consider the status of the parties, their respective needs, the capacity ..... of him being able-bodied to meet the expenses of his wife. in this context, the observation made in chander parkash v. shila rani [chander parkash v. shila rani, 1968 scc online del 52 : air1968del 174]. by this court is relevant and reproduced as under : (scc online del para 7). 7. an able-bodied young man has to ..... the concerned court in m.c.no.104 of 2020 after about 8 years of marriage.8. the wife files an application under section 24 of the hindu marriage act, 1955 for grant of maintenance urging that it becomes difficult for her to maintain herself and the children. the concerned court grants half the maintenance that she sought. .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Mar-12-2024
..... of this appeal is the correct address. it is further submitted that when the summons were issued to defendants 1 to 6, the bailiff submitted his report stating that, upon inquiry, it was found that they had left the village , and hence the summons were not served on them and returned to - 5 - nc:2024. khc-k:2119 rfa no.200084 ..... ) the appeal is allowed; (b) the impugned judgment and decree dated april 30, 2015, passed in o.s.no.68/2013 on the file of the ii additional senior civil judge, kalaburagi, are hereby set aside, and the matter is remanded to the trial court for disposal afresh. (c) the plaintiffs shall comply with the mandatory provisions of order vi rule ..... case in accordance with the law. (f) the appellants are entitled to a refund of court fees as contemplated under section 64 of the karnataka court fees and suit valuation act, 1958. (g) the registry is directed to send a copy of this order to the concerned court as well as to the respondents by speed post. (h) the appellants/ .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Mar-15-2024
..... criminal appeal filed under section374(2) of the criminal procedure code, praying to set aside the judgment and order conviction dated2004/2021 passed by the ist additional district and sessions judge uk, karwar sitting at sirsi in sc no.5001/2018, sc no.5002/2018 & sc no.5003/2018 by allowing the present criminal appeal and acquit the ..... assistant-cum additional district magistrate, who has issued sanction as per ex.p112 to initiate proceedings against the accused persons under the provisions of indian arms act. he identified his signature, which is dated 04.07.2002. based upon that a criminal proceedings were initiated against the accused persons. it is suggested ..... and subsequently, accused no.6 based upon the information flashed by maharashtra police stating that, this accused no.6 was arrested under the provisions of mcoc act and he has given his statement confessing about murdering deceased mla and thereafter, he was brought by karnataka police and based upon that, after fresh .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Apr-15-2024
..... to set aside the judgment and order dated1911/2021 and order of conviction on sentence dated2711/2021 in session case no.109/2015 passed by the1t additional district sessions judge, dharwad sitting at hubballi, for offences under section302 of i.p.c. and to acquit the appellant by allowing this appeal, interest of justice and equity.-. 2 ..... to discard any of the circumstances to connect the accused in the commission of the crime.77. while appreciating evidence as required under section 3 of the indian evidence act, more particularly, circumstantial evidence, in a case of present nature i.e. murder, when the prosecution relies upon circumstantial evidence, it is for the prosecution to ..... so complete as not to leave any reasonable ground for the conclusion consistent with the innocence of the accused and must show that in all human probability the act must have been done by the accused.154. these five golden principles, if we may say so, constitute the panchsheel of the proof of a case based .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-23-2024
..... modified as under: order i) the above appeal is dismissed; ii) the judgment and award dated 03.03.2016 passed in the court of xxi additional small causes judge and the motor accident claims tribunal (scch-23), bengaluru, is affirmed; iii) the amount deposited by the appellant insurer be transmitted to the tribunal for disbursement in terms ..... 3856 of 2016 earlier decision in pratap narain singh deo6 and valsala k7 do not express the correct view and do not make binding precedents. vi) a two judge bench of the hon ble supreme court in the case of saberbibi yakubbhai shaikh and others vs. national insurance co. ltd., and others10 noticing the aforementioned judgments has ..... r4; sri. a. madhusudhan rao., advocate for r5.) this mfa is filed u/s301) of employee's compensation act against the judgment and award dated0303.2016 passed in eca no.70/2014 on the file of the xxi additional small cause judge, & xix acmm, member, mact, bangalore, awarding compensation of rs.8,90,480/- with interest @ 12% p .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-21-2024
..... of a company, shall, within thirty days after his appointment, give intimation of his appointment to the commissioner (as defined under the cgst act) and that the commissioner shall, after making such inquiry or calling for such information as he may deem fit, notify the liquidator within three months from the date on which he receives intimation of ..... the circumstances cannot operate as an estoppel against law. this position now holds the fields in view of the judgment of a co-ordinate bench of two learned judges which dismissed the appeal of the revenue in spice enfotainment on 2 november 2017. the decision in spice enfotainment has been followed interim order granted earlier is ..... (280) e.l.t. 43 (del.), wherein the hon ble delhi high court held as under 10. section 481 of the companies act provides for dissolution of the company. the company judge in the high court can order dissolution of a company on the grounds stated therein. the effect of the dissolution is that the company no .....
Tag this Judgment!Court : Karnataka
Decided on : Jun-21-2024
..... out the truth and render a just decision, the salutary provisions of section 311 are enacted whereunder any court by exercising its discretionary authority at any stage of inquiry, trial or other proceeding can summon any person as witness or examine any person in attendance though not summoned as a witness or recall or re-examine any ..... made the following: order petitioner is before this court calling in question order dated 01-04-2024 passed in c.c.no.642 of 2009 by the i additional civil judge (jr.dn.) and jmfc., kolar.2. heard sri m r nanjunda gowda, learned counsel appearing for petitioner and smt sadhana s desai, learned counsel appearing for respondent. ..... follows: . . .17. from a conspectus consideration of the above decisions, while dealing with an application under section 311 crpc read along with section 138 of the evidence act, we feel the following principles will have to be borne in mind by the courts:17. 1. whether the court is right in thinking that the new evidence is needed .....
Tag this Judgment!