Court : Karnataka Dharwad
Decided on : Sep-14-2023
..... has not been any change in the governing council has been upheld by the respondents themselves in the inquiry report dated 06.06.2022 submitted to this court and on this ground also, the impugned order of the learned single judge and the directions issued in the impugned order dated 01.01.2022 deserve to be set aside. ..... following points arise for consideration in the present appeal:- (i) whether there was change in the governing council of the appellants attracting section 41(5) of the said act of 1983 r/w the governing council rules warranting initiation of enquiry against the appellants?. (ii) whether the appellants had violated rule 3(17) of the said rules ..... by coming to the erroneous conclusion that there was change in the governing council of appellant no.2 college as contemplated under section 41(5) of the said act of 1983 warranting compliance of the said governing council rules by the appellants. in this context, learned senior counsel pointed out that mere change of the trustees of .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-19-2023
..... of breach as well as to assess the damages arising from the breach (c) the ratio in the said decision has been reiterated by another three judge bench in tulsi narayan garg vs. m.p. road development authority, (2019) scc online sc1158 ordinarily, where a party to the contract disputes alleged breach ..... shristi widge, advocate mr. manu kulkarni, advocate and mr. sharan balakrishna., advocate) and:1. karnataka power corporation limited a government company under the provisions of companies act, 1956 having its registered office at2shakthi bhavan, #82, race course road, bangalore 560 001. represented by its managing director.2. state of karnataka, represented by prinicpal ..... delinquent employee in the enquiry is one thing and supply of inquiry report to him is another. both should concur in compliance, for an inquiry to be valid. an inquiry sans such participation indisputably being bad, does not become valid by the supply of inquiry report and by having delinquents view on that. 47 this .....
Tag this Judgment!Court : Karnataka Dharwad
Decided on : Sep-19-2023
..... , dist: belgaum. respondents (by sri b.m.angadi, advocate for r2; r1 is served) this mfa is filed under section301) of workmen s compensation act, praying to enhanced the compensation and fixed the liability on r2 the judgment and award passed by the labour officer and commissioner for workmen s compensation, div ..... wage, only rs.4,000/- could be taken. this is the intention of legislature in enacting explanation-2 on 18.11.2010. by the act no.35/2009, explanation-2 was omitted and sub- section (1-b) is inserted. sub-section(1-b) came into force on 18. ..... on 18.01.2010, the said explanation-2 was omitted and sub-section (1-b) is inserted to section-4 of the employees compensation act. what was explanation-2 before omission is even if the claimant claims his monthly wage is less or more of rs.4,000/- then ..... by the workmen s compensation commissioner, belagavi. iv) no order as to costs. v) draw decree accordingly. sd/- judge ssp: para 1 to 11 hmb: para 12 to end list no.:2. sl no.:21. ct-asc .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Sep-20-2023
..... of case within the state under section 407 and anywhere in the country under section 406 cr.p.c. the apprehension of not getting a fair and impartial inquiry or trial is required to be reasonable and not imaginary based upon conjectures and surmises. if it appears that the dispensation of criminal justice is not possible impartially ..... that there is justifiable and reasonable apprehension of miscarriage of justice as well as likelihood of bias, allowed the transfer petition pending on the file of xith additional sessions judge (special court no.1) chennai, state of tamil nadu to the state of karnataka. while directing the transfer this court permitted the state of karnataka in consultation with ..... be committed for trial to a court of session; or (iv) that any particular case or appeal be transferred to and tried before itself. (2) the high court may act either on the report of the lower court, or on the application of a - 18 - nc:2023. khc-k:7527 crl.p no.200338 of 2023 party interested, .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-21-2023
..... represented by her learned counsel. the learned addl.state public prosecutor and the learned counsel for the respondent (accused) are physically appearing in the court.6. the sessions judge s court records were called for and the same are placed before this court.7. heard the arguments from both side. perused the materials placed before this court, ..... evidence 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. with this, it held that the above five golden principles constitute the panchsheel of the proof of a case based ..... circumstances. (b) our hon ble apex court in the case of shivaji chintappa patil's case (supra), was pleased to observe that, section 106 of the evidence act does not directly operate against either a husband or a wife staying under the same roof and being last person seen with the deceased. section 106 does not absolve .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-22-2023
..... appeal, detailed discussion as to the legal principles enunciated in the aforesaid decisions, in the considered opinion of this court is unnecessary.38. further, all that learned trial judge in impugned order has held in same that the suit is not maintainable before this civil court, which is based on sound reasons, inasmuch as, if a dispute as ..... jurisdiction of the civil court. where there is no express exclusion the examination of the remedies and the scheme of the particular act to find out the intendment becomes necessary and the result of the inquiry may be decisive. in the latter case it is necessary to see if the statute creates a special right or a liability ..... filed u/s96of cpc against the judgement and decred dated2702.2006 passed on i.a. in o.s. no.2343/2004 on the file of the vii addl. city civil judge, bangalore (cch.19) rejecting the plaint filed u/o7rule11of cpc. in rfa no.1434/2006 between: dattaprasad cooperative society ltd., 260, 10th main, malleswaram, bangalore - 560 .....
Tag this Judgment!Court : Karnataka Kalaburagi
Decided on : Sep-23-2023
..... but excludes executive magistrates.40. even the word course occurring in section 319 crpc, clearly indicates that the power can be exercised only during the period when the inquiry has been commenced and is going on or the trial which has commenced and is going on. it covers the entire wide range of the process of the pre ..... which such power was to be exercised was considered and summarised as follows:- 12. section 319 crpc springs out of the doctrine judex damnatur cum nocens absolvitur (judge is condemned when guilty is acquitted) and this doctrine must be used as a beacon light while explaining the ambit and the spirit underlying the enactment of section ..... sense for it only requires an application of mind rather than a judicial application of mind. at this pre- trial stage, the magistrate is required to perform acts in the nature of administrative work rather than judicial such as ensuring compliance with sections 207 and 208 crpc, and committing the matter if it is exclusively triable .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-23-2023
..... petitioner has an alternative remedy, which without being unduly onerous provides an equally efficacious remedy. the law on this point is now well settled the learned single judge further refers to the observation made by the apex court in thansingh nathmal v. superintendent of taxes7, [thansingh nathmal]. at para-7 which reads as follows:- ..... in the principle at points (a) and (b) above, the entertaining of writ petition involves discretion of the court and there being no inflexible rule acting as a bar to entertaining of writ petition even where alternative remedy is available.22. accordingly, the contention regarding maintainability of the writ petition is rejected while ..... justice s. sunil dutt yadav writ petition no.20579 of2022(t-it) between:- m/s. i.g. petrochemicals ltd., (a public limited company incorporated under the companies act no.1 of 1956) manufacturer of phthalic anhydride d-4, jyothi complex, 134/1, infantry road, bengaluru - 560 001. (pan: aaaci4115r) represented by its .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... it. if it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. but cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction. in such an event the ..... it. if it is capable of belief independently of the confession, then of course it is not necessary to call the confession in aid. but cases may arise where the judge is not prepared to act on the other evidence as it stands even though, if believed, it would be sufficient to sustain a conviction. in such an event the ..... judge may call in aid the confession and use it to lend assurance to the other evidence. this position has been clearly explained by this court kashmira singh v. state of .....
Tag this Judgment!Court : Karnataka
Decided on : Sep-27-2023
..... ors reported in air1978sc851has held; " the second equally relevant matter is that when a statutory functionary makes an order based on certain grounds its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh reasons in the shape of affidavit or otherwise. otherwise, an order bad in the beginning may, by ..... counsel for the petitioners relied upon the judgment of the apex court in the case of union of india and others vs. indo- afghan agencies limited reported in (1968) 2 - 39 - scr366 wherein at paragraphs 20, 21 and 24, the apex court has held as under; 20. we hold that the claim of the respondents ..... in the e-auction conducted by the state government and that the government of india had transferred all statutory permissions including permissions under section 2 of fc act on the recommendation made by the state government. in furtherance to the said contention the petitioners therein had produced proceedings of the government of karnataka recommending .....
Tag this Judgment!