Court : Karnataka
Decided on : Jul-28-2023
..... 11. section 319 crpc contemplates that: 319. power to proceed against other persons appearing to be guilty of offence. (1) where, in the course of any inquiry into, or trial of, an offence, it appears from the evidence that any person not being the accused has committed any offence for which such person could be ..... in the case of acquittal the order shall be passed to that effect in the main case and then proceed afresh against summoned accused. (emphasis supplied) five judge bench of the apex court lays down guidelines for the competent court to follow while exercising power under section 319 of the cr.p.c., the apex court ..... bhawan cgo complex, lodhi road new delhi - 110 003. represented by its assistant director. 2 . megacity (bangalore) developers and builders limited a company incorporated under the companies act, 1956 no.120, mega tower kengal hanumanthaiah road represented by its nominee director sri sajeevan c. v., ... respondents (by sri madhukar deshpande, spl.cgsc for r-1) .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... . the petitioner/accused is before this court calling in question the said order of the learned sessions judge by which 10% of the cheque amount is directed to be paid as interim compensation under section 143a of the act.5. the learned counsel appearing for the petitioner would urge a solitary contention that the revision petition ..... 397 mandates that the power of revision conferred under sub- 9 section (1) shall not be exercised in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding. therefore, the issue would be whether the revision would be maintainable before the court of sessions against an order passed on an application filed ..... as pointed out in amar nath case the purpose of putting a bar on the power of revision in relation to any interlocutory order passed in an appeal, inquiry, trial or other proceeding, is to bring about expeditious disposal of the cases finally. more often than not, the revisional power of the high court was resorted .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... under article227of the constitution of india praying to quashing the impugned portion of the order dated1102/2022 passed by the honble lxxxvii addl. city civil and sessions judge (exclusive dedicated commercial court) (cch-88) at bengaluru in com ex.pet.no.224/2021 produced as annexure-a and consequently direct the decree holder ..... possibly misconstrued by executing court to be an instrument. the executing court therefore erred in impounding arbitral award in execution proceedings under section 36 of the 1996 act. iii) an arbitral award stems from an adjudication of disputes which is not a creature by consent, but on account of unilateral expression of adjudication ..... of an award as a decree. arbitral award is tendered in execution proceedings for enforceability of an award. therefore, sections 33 and 34 of the stamp act which mandates and requires an insufficient stamped instrument to be impounded and consequently penalty to be imposed cannot be extended and applied to arbitral awards. an .....
Tag this Judgment!Court : Karnataka
Decided on : Jul-28-2023
..... under article227of the constitution of india praying to quashing the impugned portion of the order dated1102/2022 passed by the honble lxxxvii addl. city civil and sessions judge (exclusive dedicated commercial court) (cch-88) at bengaluru in com ex.pet.no.224/2021 produced as annexure-a and consequently direct the decree holder ..... possibly misconstrued by executing court to be an instrument. the executing court therefore erred in impounding arbitral award in execution proceedings under section 36 of the 1996 act. iii) an arbitral award stems from an adjudication of disputes which is not a creature by consent, but on account of unilateral expression of adjudication ..... of an award as a decree. arbitral award is tendered in execution proceedings for enforceability of an award. therefore, sections 33 and 34 of the stamp act which mandates and requires an insufficient stamped instrument to be impounded and consequently penalty to be imposed cannot be extended and applied to arbitral awards. an .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-03-2023
..... situation, the ingredients of section 504 are satisfied. one of the essential elements constituting the offence is that there should have been an act or conduct amounting to intentional insult and the mere fact that the accused abused the complainant, as such, is not sufficient by itself ..... order to constitute offence of criminal intimidation, there must be threat with intention to cause alarm to the complainant or to do any act which is not legally bound to do. mere expression of any words without any intention to cause alarm to the complainant or to ..... the person threatened is interested, is within this section. a reading of the definition of criminal intimidation would indicate that there must be an act of threatening to another person, of causing an injury to the person, reputation, or property of the person threatened, or to the ..... disposal of the petition, pending interlocutory applications, if any, do not survive and accordingly, they are dismissed. sd/- judge kvk list no.:1. sl no.:4. .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2023
..... r1 & r2 [v/c].; sri o mahesh, advocate for r3 [v/c].) this mfa is filed u/s1731) of mv act against the judgment and award dated2709/2017, passed in mvc no.176/2014, on the file of the additional senior civil judge and mact-xiii, madhugiri, awarding compensation of rs.8,25,000/- with interest at the rate of9 per annum from ..... for r1 & r2 [v/c].; sri k shantharaj, advocate for r1 [v/c].) this mfa is filed u/s1731) of mv act against the judgment and award dated0110.2018 passed in mvc no.833/2016 on the file of the prl. senior civil judge & mact madhugiri, awarding compensation of rs.1,07,060/- with interest @ 6% p.a. from the date of petition ..... case of national insurance company limited vs. sri maruthi and others (supra) was rendered by a division bench and therefore, it cannot be of any relevance when a three judges bench of this court has specifically answered the status of a passenger sitting on the mudguard of the tractor. moreover, the said decision was pertaining to the claim made under .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-04-2023
..... r1 & r2 [v/c].; sri o mahesh, advocate for r3 [v/c].) this mfa is filed u/s1731) of mv act against the judgment and award dated2709/2017, passed in mvc no.176/2014, on the file of the additional senior civil judge and mact-xiii, madhugiri, awarding compensation of rs.8,25,000/- with interest at the rate of9 per annum from ..... for r1 & r2 [v/c].; sri k shantharaj, advocate for r1 [v/c].) this mfa is filed u/s1731) of mv act against the judgment and award dated0110.2018 passed in mvc no.833/2016 on the file of the prl. senior civil judge & mact madhugiri, awarding compensation of rs.1,07,060/- with interest @ 6% p.a. from the date of petition ..... case of national insurance company limited vs. sri maruthi and others (supra) was rendered by a division bench and therefore, it cannot be of any relevance when a three judges bench of this court has specifically answered the status of a passenger sitting on the mudguard of the tractor. moreover, the said decision was pertaining to the claim made under .....
Tag this Judgment!Court : Karnataka
Decided on : Aug-07-2023
..... , the court delivered the following: judgment1 aggrieved by the judgment and award dated 30.08.2017 passed in mvc no.397/2015 by the court of the senior civil judge and jmfc, kollegal (for short the tribunal ), the petitioners therein have preferred this appeal.2. for the sake of convenience, the parties are referred to herein as ..... deprivation where a person suffers because of the accident. though it is impossible to equate human suffering and personal deprivation with money, this is what the motor vehicles act, 1988 enjoins the court to do. the court has to make a judicious attempt to award damages so as to compensate the claimant for the loss suffered by ..... deceased, but are not his family members and not dependant on him, what is the compensation that they are entitled to.9. section 166(1) of the motor vehicles act, 1988 reads as under:"166. application for compensation: (1) an application for compensation arising out of an accident of the nature specified in sub-section (1) of section .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Aug-11-2023
..... ; v/o dtd. 11.08.2023 notice to r2 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.213 of2016on the file of senior civil judge and addl. mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... , mfa.crob no.200068 of 2018, mfa.crob no.200069 of 2018 this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.212 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal ..... ; v/o dtd. 19.03.2018 notice to r4 is dispensed with) this appeal is filed u/s1731) of the motor vehicles act, praying to call for the records in mvc no.211 of2016on the file of senior civil judge and addl., mact at shorapur and set aside and modify the judgment dated1710.2017 and award dated2510.2017 by allowing this appeal .....
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